Citizens for a Digital Future is pushing Senate Bill 88 pretty hard in Kentucky this legislative session (they’re even advertising here). It was introduced on Tuesday by Hornback, Carpenter, Higdon and Schickel:
AN ACT relating to telecommunications.
Create a new section of KRS 278.541 to 278.544 to establish an alternative regulation plan for telephone utilities that operate under the price regulation plan in KRS 278.543; eliminate Public Service Commission regulation of terms, conditions, rates, and availability of service, except basic local exchange service; require electing utilities to continue to offer basic local exchange service to existing customers in some exchanges; provide that an electing utility may be relieved of that obligation if there is alternative service available; exempt an electing utility from KRS 278.020(5) and (6), relating to commission approval of change of ownership or control, KRS 278.230(1) and (2), relating to commission access to utility books and records, KRS 278.250, relating to the commission’s right to investigate the condition of the utility, and KRS 278.510, relating to commission approval of consolidation with other utilities; amend KRS 278.54611 to remove commission jurisdiction over resolution of consumer complaints and end commission authority to develop standards for eligible telecommunications carriers; provide that the commission may ensure that carriers comply with FCC rules; amend KRS 278.5462 to end commission jurisdiction over consumer complaints concerning broadband service.
Backers claim wireless service won’t advance in rural Kentucky until the requirement to provide landline service is nixed. Which is a bit of a difficult spot for most legislators to be in. Do they want to appear as if they’re harming impoverished meemaws and poppops in rural Magoffin County or do they want to push for modern technology?
We stood against similar (not really similar, it was pretty extreme) legislation last year but the current proposals seem to be a bit better.
Here’s a radio spot being released by CDF:

It’s tough not to be on the fence. If reliable and affordable wireless service existed in Kentucky, it’d be a non-issue. Unfortunately, there are even areas inside Louisville where a reliable cell phone signal can’t be obtained.
There’s a part of the proposal that has many people concerned:
to remove commission jurisdiction over resolution of consumer complaints and end commission authority to develop standards for eligible telecommunications carriers
Removing Public Service Commission authority seems extreme. Particularly since the FCC barely functions as it is. Though, no one can deny that broadband and wireless service is a necessity in the modern world. If you want people in Kentucky to have broadband access, basically, the bill has to pass. Because the state certainly isn’t going to provide it and won’t see to it that broadband access actually becomes a reality. But without PSC oversight, there’s no real way to hold providers accountable.
What’s your take, folks?
Seriously. We need to discuss the pros and cons.





10 responses so far ↓
1 Cavemouse // Feb 7, 2013 at 12:07 pm
Not to mention in a lot of power outages, the cell towers go down, but land lines keep working! A lot of seniors I know do not want a cell phone, but have a land line.
2 jake // Feb 7, 2013 at 12:12 pm
Many newer towers have backups.
What if meemaw and poppop are protected or grandfathered in but, say, new customers aren’t? Would that be acceptable?
Really – there’s got to be a viable compromise if Kentucky doesn’t want to remain in the dark ages of technology.
3 Charles W. // Feb 7, 2013 at 1:36 pm
There may be drawbacks that I am ignorant of, but I travel abroad a fair amount, and I am stunned by the extent of cell/digital technology in places far more remote than eastern KY. A lot of countries have completely leap frogged the conventional wired route to be able to provide telephone access almost universally. Seems like that could be a good thing for rural U.S.
4 Lou // Feb 7, 2013 at 2:11 pm
The status quo is not bringing broadband and cellular investment/coverage fast enough. Something needs to change. Anything that does this, and does not cost taxpayers is good with me. And BTW, why in the world is PSC oversight needed in the first place. Unnecessary regulations over competitve busineses is ludicrous on harms business.
5 jake // Feb 7, 2013 at 2:30 pm
PSC regulation is necessary because this is the Corrupt Commonwealth of Kentucky. It’s not like the rest of the free world where business operates in a smart manner. Service providers like Comcast and AT&T routinely screw customers over and there’s no recourse. The FCC does nothing. The PSC serves a vital role in Kentucky. Particularly with utility providers like LG&E and Elam Utility in Eastern Kentucky.
Further, CDF gave a large portion of cash to the Discovery Institute – which claims it is “intellectual home of the modern intelligent design movement and the scientists and scholars challenging Darwin’s theory of evolution” and to Dick Armey’s Freedom Works. Those two connections (ignoring the ties to Newt Gingrich) give common sense individuals pause.
The focus of this bill is to deregulate, not to provide wireless service. I can understand not being forced to provide subsidized service to future customers while grandfathering in existing customers. But to wipe it all out – and push for deregulating everything 100% – with no guarantee that infrastructure will be developed? It’s not happening.
If this were just about competitive business, AT&T would have already thrown up all kinds of towers in rural Kentucky.
All that said – SOMETHING has to be done ASAP in Kentucky. This state needs broadband service. And reliable mobile telephone service outside the major cities is basically non-existent. There has to be a happy middle ground that everyone can come to in order to move forward. That’s why this story was posted. Not for concern trolls to freak out about alleged overregulation, which is only a thing in the minds of Dick Armey teabaggers.
6 Not Convinced // Feb 7, 2013 at 8:36 pm
The profit margin for wireless service in rural Kentucky is going to be similar to that of the profit margin for landline phone service in rural Kentucky, LOW! This bill is being marketed on empty promises. There’s no guaruntee that the savings provided to AT&T via this bill will be re-invested in the areas that need it most. One issue that few have brought up is the access to 911 that some might lose. 911 service via a wireless phone has no guaruntees and the location information provided to the 911 center is less accurate than from a wireless phone compared to a landline phone. What’s AT&T’s solution for that?
7 Conservative Kentuckian // Feb 7, 2013 at 11:04 pm
All that the phone companies have to do to extend broadband to everyone is to install switching stations out in rural areas to enable DSL. It’s funny that the rural telephone co-ops such as those that serve Wolfe and Owsley, two very poor counties, can basically extend DSL countywide, but AT&T can’t do the same in the counties it serves. I have a friend who lives up a holler in Morgan County in the Grassy Creek area and she has DSL. Enabling the phone companies to drop areas of landline service won’t do a thing to extend broadband in rural Kentucky.
8 Lou // Feb 8, 2013 at 9:35 am
Some of the concerns about 911 calling from wireless are not, in my view, relevant to this debate. Calls from cellular to 911 have been happening for over 2 decades. That is business as usual anymore. In fact with GPS technology embedded in phones now, accuracy is far less a concern. Again , I’m for anything that brings more broadband and cellular coverage to Kentucky. I’m certainly going to let my state senator know that I support.
9 jake // Feb 8, 2013 at 9:44 am
I don’t think the 911 concerns are too relevant. Location data is super-easy to use these days and is highly accurate. To within feet. Even in rural Kentucky (as long as there’s cellular access).
Lou: Don’t pretend you live in Kentucky. I won’t out you but come on.
Conservative Kentuckian: Mountain Telephone (serves Wolfe) DSL is almost as slow as dial-up. The infrastructure just doesn’t exist in most of rural Kentucky to support broadband speed.
I don’t see rural broadband really ever happening unless it’s mobile-based.
10 jake // Feb 8, 2013 at 9:45 am
P.S. If you have access to a cellular signal, you typically don’t have to have an active mobile account (as long as the phone works) in order to dial 911.
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