Printable Format66-1,143. Radio common carriers; defined; limitation of KCC jurisdiction. (a) As used in this section and K.S.A. 66-1,145 and amendments thereto, "radio common carrier" shall include all persons and associations of persons, whether incorporated or not, operating a public "for hire" radio service engaged in the business of providing a service of radio communication, including cellular radio, which is one-way, two-way or multiple, between mobile and base stations, between mobile and land stations, including land line telephones, between mobile stations or between land stations, but not engaged in the business of providing a public land line message telephone service or a public message telegraph service within this state.
(b) Except as provided in this subsection and K.S.A. 66-1,145 and amendments thereto, no radio common carrier shall be subject to the jurisdiction, regulation, supervision and control of the state corporation commission. The state corporation commission shall have the power and authority granted by K.S.A. 66-1,145 and amendments thereto and the power and authority to regulate and control radio common carriers whenever it is necessary to protect the public interest against cross-subsidization of competitive goods or services by monopoly goods and services.
History: L. 1969, ch. 302, § 1; L. 1985, ch. 224, § 4; L. 1985, ch. 228, § 1; L. 1987, ch. 256, § 2; L. 1988, ch. 264, § 2; July 1.
Law Review and Bar Journal References:
"Eligible Telecommunication Carrier Designation, The Kansas Case Study 1997-2008," Mark Bannister and Jon Tholstrup, 18 Kan. J. L. & Pub Pol'y, No. 3, 372 (2009).
CASE ANNOTATIONS
1. Cited; scope of services of radio common carriers to be regulated by state corporation commission included certification of convenience. General Communications System, Inc. v. State Corporation Commission, 216 Kan. 410, 412, 532 P.2d 1341.
2. Mentioned in holding that one-way radio paging service company not a public utility for property taxation purposes. First Page, Inc. v. Cunningham, 252 Kan. 593, 599, 847 P.2d 1238 (1993).
3. Radio common carrier not considered a public utility for property tax purposes. In re Appeal of Topeka SMSA Ltd. Partnership, 260 Kan. 154, 160, 917 P.2d 827 (1996).
4. KCC was not prohibited by subsection (b) from requiring wireless service providers to contribute to KUSF. Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 366, 371, 386, 956 P.2d 685 (1998); aff'g 24 Kan. App. 2d 222, 234, 943 P.2d 494 (1997).