{"data":{"id":"us-ky/krs-278.5462","jurisdiction":"us-ky","citation":"KRS 278.5462","heading":"Broadband services not subject to state regulation -- Application of","body":"requirements of federal statutes and regulations -- Consumer complaints --\nTelephone utility provision of service to competing local exchange.\n(1) The provision of broadband servi ces shall be market -based and not subject to state\nadministrative regulation. Notwithstanding any other provision of law to the\ncontrary except as provided in subsections (3) and (4) of this section, no agency of\nthe state shall impose or implement any req uirement upon a broadband service\nprovider with respect to the following:\n(a) The availability of facilities or equipment used to provide broadband services;\nor\n(b) The rates, terms or conditions for, or entry into, the provision of broadband\nservice.\n(2) Any requirement imposed upon broadband service in existence as of July 15, 2004,\nis hereby voided upon enactment of KRS 278.546 to 278.5462. The provisions of\nthis section do not limit or modify the duties of a local exchange carrier or an\naffiliate of a l ocal exchange carrier to provide unbundled access to network\nelements or the commission's authority to arbitrate and enforce interconnection\nagreements, including provisions related to remote terminals and central office\nfacilities, to the extent required under 47 U.S.C. secs. 251 and 252, and any\nregulations issued by the Federal Communications Commission at rates determined\nin accordance with the standards established by the Federal Communications\nCommission pursuant to 47 C.F.R. secs. 51.503 to 51.513, i nclusive of any\nsuccessor regulations. Nothing contained in KRS 278.546 to 278.5462 shall be\nconstrued to preclude the application of access or other lawful rates and charges to\nbroadband providers. Nothing contained in KRS 278.546 to 278.5462 shall\npreclude, with respect to broadband services, access for those service providers that\nuse or make use of the publicly switched network.\n(3) The commission may assist in the resolution of consumer service complaints.\n(4) No telephone utility shall refuse to provi de wholesale digital subscriber line service\nto competing local exchange carriers on the same terms and conditions, filed in\ntariff with the Federal Communications Commission, that it provides to Internet\nservice providers.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44033","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:30Z","sha256":"19eb9e2ca673f705c0390930c1bf8e8fc4a36fbd89bbb0750aebe336b07855a5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.54611","next":"us-ky/krs-278.5464"},"notice":"GroundRules: Original legal text. Not legal advice."}