12-2022. Definitions. For purposes of the video competition act:

(a) "Cable service" is defined as set forth in 47 U.S.C. § 522.

(b) "Cable operator" is defined as set forth in 47 U.S.C. § 522.

(c) "Cable system" is defined as set forth in 47 U.S.C. § 522.

(d) "Communications service" means information service or telecommunications service as defined in 47 U.S.C. § 153.

(e) "Competitive video service provider" means an entity providing video service that is not franchised as a cable operator in the state of Kansas as of the effective date of this act and is not an affiliate, successor or assign of such cable operator.

(f) "Franchise" means an initial authorization, or renewal of an authorization, issued by a municipality, regardless of whether the authorization is designed as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, that authorizes the construction and operation of a cable system.

(g) "Micro wireless facility" means equipment at a fixed location that is:

(1) Installed on cables that are owned and operated by a video service provider between utility poles as defined in K.S.A. 66-2019, and amendments thereto;

(2) used to provide communications service; and

(3) not larger in dimension than 24 inches in length, 15 inches in width and 12 inches in height and does not have any associated exterior antenna longer than 11½ inches.

(h) "Municipality" means a city or county.

(i) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in 47 U.S.C. § 522.

(j) "Video service" means video programming services provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d), unless such programming is determined by the federal communications commission to be cable service.

(k) "Video service authorization" means the right of a video service provider to offer video programming to any subscribers anywhere in the state of Kansas.

(l) "Video service provider" means a cable operator or a competitive video service provider.

(m) "Video service provider fee" means the fee imposed upon video service providers pursuant to K.S.A. 2021 Supp. 12-2024, and amendments thereto.

History: L. 2006, ch. 93, § 2; L. 2020, ch. 11, § 1; July 1.