KRS 278.5462: Broadband services not subject to state regulation -- Application of

requirements of federal statutes and regulations -- Consumer complaints --

Telephone utility provision of service to competing local exchange.

(1) The provision of broadband servi ces shall be market -based and not subject to state

administrative regulation. Notwithstanding any other provision of law to the

contrary except as provided in subsections (3) and (4) of this section, no agency of

the state shall impose or implement any req uirement upon a broadband service

provider with respect to the following:

(a) The availability of facilities or equipment used to provide broadband services;

or

(b) The rates, terms or conditions for, or entry into, the provision of broadband

service.

(2) Any requirement imposed upon broadband service in existence as of July 15, 2004,

is hereby voided upon enactment of KRS 278.546 to 278.5462. The provisions of

this section do not limit or modify the duties of a local exchange carrier or an

affiliate of a l ocal exchange carrier to provide unbundled access to network

elements or the commission's authority to arbitrate and enforce interconnection

agreements, including provisions related to remote terminals and central office

facilities, to the extent required under 47 U.S.C. secs. 251 and 252, and any

regulations issued by the Federal Communications Commission at rates determined

in accordance with the standards established by the Federal Communications

Commission pursuant to 47 C.F.R. secs. 51.503 to 51.513, i nclusive of any

successor regulations. Nothing contained in KRS 278.546 to 278.5462 shall be

construed to preclude the application of access or other lawful rates and charges to

broadband providers. Nothing contained in KRS 278.546 to 278.5462 shall

preclude, with respect to broadband services, access for those service providers that

use or make use of the publicly switched network.

(3) The commission may assist in the resolution of consumer service complaints.

(4) No telephone utility shall refuse to provi de wholesale digital subscriber line service

to competing local exchange carriers on the same terms and conditions, filed in

tariff with the Federal Communications Commission, that it provides to Internet

service providers.