As Amended by House Committee          

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Session of 2000
          HOUSE BILL No. 2984           By Select Committee on Information Management           2-11          

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10             AN  ACT concerning fiber-optic cable; requiring owners to submit cer-
11             tain information to the state; providing penalties for violations.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section.  1. (a) On or before September 1, 2000, and at six-month
15       intervals thereafter, each owner of any fiber-optic cable for telephony,
16       data transmission or video transmission installed in this state and used
17       in conjunction with fiber-optic transmission systems shall submit to the
18       state corporation commission and the chief information technology ar-
19       chitect information identifying the location and maximum capacity of all
20       such cable and such other information as prescribed by the corporation
21       commission staff pursuant to subsection (b), maximum capacity, own-
22       ership, quantity of ``dark fiber'' and such other characteristics of
23       such fiber optic cable as the commission staff, in cooperation with
24       the chief information technology architect, determines relevant to
25       planning for a statewide fiber-optic cable network. The provisions
26       of this subsection shall apply only not apply to fiber-optic cable placed
27       between within local telephone company exchange areas, with a point of
28       presence in Kansas and specifically excludes local intraexchange facilities
29       and facilities with no Kansas access points. The provisions of this sub-
30       section apply to all entities placing and operating fiber-optic sys-
31       tems in this state.
32             (b) The state corporation commission staff, in cooperation with the
33       chief information technology architect, shall prescribe the form and con-
34       tent of information required to be submitted pursuant to this section.
35       Such information shall be in sufficient detail to allow the commission to
36       produce a consolidated map showing: Placement, capacity, ownership,
37       quantity of ``dark fiber'' and other characteristics of fiber-optic cable that
38       the commission staff, in cooperation with the chief information technol-
39       ogy architect, determines relevant to planning for a statewide fiber-optic
40       cable network placement of fiber-optic cable in this state.
41        (c) Information submitted to the state corporation commission
42       pursuant to this section may be designated confidential pursuant
43       to K.S.A. 66-1220a, and amendments thereto. However, the con-

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  1       solidated map showing the placement of the fiber-optic cable shall
  2       not be deemed confidential and may be disclosed. Information
  3       submitted to the chief information technology architect shall be
  4       subject to K.S.A. 66-1220a, and amendments thereto, and relevant
  5       orders and rules and regulations of the commission.
  6             (c) (d) Any person or entity which fails to submit any information as
  7       required by subsection (a) shall be liable to the state for the payment of
  8       a civil penalty, recoverable in an action brought by the attorney general,
  9       in a sum set by the court of not more than $10,000 per day.
10             (d) This section shall expire on July 1, 2005.
11        Sec.  2. This act shall take effect and be in force from and after its
12       publication in the statute book.