Kansas Statutes 66-2017. VoIP and IP-enabled services; regulation, limitations
Terms Used In Kansas Statutes 66-2017
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Except as otherwise provided in this section, no VoIP service, IP-enabled service, or any combination thereof, shall be subject to the jurisdiction of, regulation by, supervision of or control by any state agency or political subdivision of the state.
(b) VoIP services shall be subject to:
(1) The requirements of Kan. Stat. Ann. § 66-2008, and amendments thereto, pertaining to the Kansas universal service fund (KUSF). The provisions of subsection (a) shall not affect or restrict eligibility for KUSF support; and
(2) the requirements of the Kansas 911 act, Kan. Stat. Ann. § 12-5362 et seq., and amendments thereto.
(c) No provision of this section shall be construed to modify:
(1) The requirements of the video competition act, Kan. Stat. Ann. § 12-2021 et seq., and amendments thereto;
(2) the state corporation commission’s authority under 47 U.S.C. §§ 251 and 252, as in effect on the effective date of this act. For the purposes of this paragraph, the term “state commission” used in 47 U.S.C. §§ 251 and 252 shall mean the state corporation commission established pursuant to Kan. Stat. Ann. § 74-601, and amendments thereto;
(3) the authority of the state of Kansas or a political subdivision thereof to manage the use of public rights-of-way pursuant to Kan. Stat. Ann. § 17-1902, and amendments thereto;
(4) the rights and obligations of Kan. Stat. Ann. § 66-2005(y), and amendments thereto; or
(5) the regulation of any rural telephone company.
(d) For the purposes of this section:
(1) “Internet protocol enabled service” or “IP-enabled service” means any service, capability, functionality, or application using an internet protocol (IP) that enables an end user to send or receive a voice, data or video communication in an IP format.
(2) “Political subdivision” shall have the meaning ascribed to such term in Kan. Stat. Ann. § 28-137b, and amendments thereto.
(3) “State agency” shall have the meaning ascribed to such term in Kan. Stat. Ann. § 75-3701, and amendments thereto.
(4) “Voice over Internet Protocol” or “VoIP” is any service that:
(A) Uses an internet protocol (IP) to enable real-time, two-way voice communication that originates from, or terminates at, the user’s location in an IP;
(B) utilizes a broadband connection from the user’s location; and
(C) permits a user to receive a call that originates on the public switched telephone network (PSTN) and to terminate a call to the PSTN.