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Minutes for HB2462 - Committee on Energy, Utilities and Telecommunications

Short Title

Authorizing the use of dark fiber.

Minutes Content for Wed, Feb 7, 2018

The chair opened the hearing.

Proponent testimony was presented by Rep Tom Sloan. (Attachment 15) The bill requires state and local governments to make available access to dark fiber by private sector broadband providers on a cost-plus basis.  Government entities may retain sufficient dark fiber for reasonably anticipated 50-year fiber needs.  He stood for questions.

The Chair temporarily closed the hearing.  The Chair subsequently re-opened the hearing.

Nick Myers, Assistant Revisor of Statutes presented a bill brief. (Attachment 16) The bill would create a new law requiring the state or any local government that owns or operates a fiber network to enter into a lease agreement with any private sector broadband provider that requests to use the dark fiber of such network.  He stood for questions.

The Chair closed the proponent portion of the hearing.

Opposition testimony was presented by Mike Scott, President, AT&T Kansas. (Attachment 17) He indicated that arrangement proposed under the bill would create an unfair playing field where local government could build a dark fiber network to lease to specific providers.  AT&T believes local governments should not be allowed to lease out their own network facilities at the same time they are imposing additional substantial costs, delays and other burdens on competitive providers seeking to deploy competitive facilities and technologies in those same communities and areas.  He stood for questions.

Written only opposition testimony was submitted by John Idoux, Kansas Governmental Affairs Director, CenturyLink (Attachment 18), Erik Sartorius, Executive Director, League of Kansas Municipalities (Attachment 19), Melissa Wangemann, General Counsel/Director of Legislative Services (Attachment 20), Kansas Association of Counties and Dick Carter, Jr, City of Overland Park.(Attachment 21)

The Chair closed the opponent portion of the hearing.

There was no neutral testimony.

The Chair closed the neutral portion of the hearing.  The Chair closed the hearing.

The meeting on Monday, February 12, will be on the call of the Chair.

Meeting adjourned at 9:59 am.