SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2237
As Amended by House Committee on Energy,
Utilities and Telecommunications

Brief*
HB 2237, as amended, would define the term
“municipality” as it relates to law pertaining to video services
providers operating in the public right of way to mean a city or
county, and make conforming changes throughout statute by
replacing the terms city and subdivision with “municipality.”
The bill would also establish provisions for municipalities to
impose any requirements in a nondiscriminatory and
competitively neutral manner with regard to public right of
way access, assessment, or fees. Further, the bill would
clarify a municipality or provider may enjoin a court if
necessary, and make other technical changes.

Definitions
The bill would define “municipality” to mean any city or
county.

Neutrality and Nondiscriminatory provisions
The bill would require a municipality to apply permitting
and right-of-way access requirements in nondiscriminatory
and competitively neutral manner.
Further, any taxation, fees, or exclusive franchise fees
would also be required to be applied using a cost-based,
nondiscriminatory, and competitively neutral manner.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Technical Changes
The bill would make several technical changes including
clarifying that provisions in law are not permissive,
conforming changes to reference the term municipality, and
stating municipalities or providers may enjoin a court for
enforcement action.

Background
The bill introduced by the House Committee on Energy,
Utilities and Telecommunications at the request of a
representative of Ideatek on January 31, 2023.

House Committee on Energy, Utilities and
Telecommunications
During the House Committee hearing, representatives of
Ideatek and AT&T provided proponent testimony, stating that
the bill would address inconsistencies in county permitting
costs, which results in delays and obstacles to rural
broadband roll-out.
Neutral testimony was provided by a representative of
Cox Communications, offering multiple amendments to the
bill.
No other testimony was provided.

House Committee Amendments
The House Committee adopted an amendment to:
● Add language that would state that any
municipality entering into an agreement, franchise,
or any other arrangements with any provider
seeking access to the right-of-way shall make the

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 provisions of the agreement available to other
providers seeking to access the right-of-way in a
manner that is non-discriminatory and
competitively neutral;
● Add language that would mandate that a
municipality assess in a cost-based,
nondiscriminatory and competitively neutral
manner, any taxation or fees imposed on any
provider excluding franchise fees; and
● Add language that would state a provider or
municipality may bring an enforcement action in
any court of competent jurisdiction.
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, as introduced, the Kansas Department of
Transportation indicates that the bill would have no fiscal
effect. According to the Kansas Association of Counties,
enactment of the bill could create additional costs for counties
if such use of the public right-of-way impedes on county
operations or forces the delay of other projects. The League
of Kansas Municipalities indicates that the bill could increase
local government revenues from franchise fees.
Public right-of-way; municipality; telecommunications services; video service
provider; provider


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Statutes affected:
As introduced: 17-1902
As Amended by House Committee: 17-1902