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12-2006. Cable television service; regulation. The furnishing of cable television service by means of facilities in place in the public ways, streets and alleys is hereby declared to be a private business affected with such a public interest by reason of its use of the public ways, alleys and streets so as to require that it be reasonably regulated by cities. Every city is hereby authorized and empowered by ordinance to permit or prohibit the operation of all businesses furnishing cable television service within its corporate limits. Each city shall supervise and regulate all cable television service businesses operating within its corporate limits so far as may be necessary to prevent such operation and service from having detrimental consequences to the public interest, and for this purpose may promulgate and enforce such reasonable rules and regulations as it may deem necessary with reference to commencement of operation, territory of operation, the extension of service equitably to all parts of the franchise area, abandonment of facilities, elimination of unjust discrimination among subscribers, financial responsibility, insurance covering personal injury and property damage, safety of equipment, use of streets, alleys, dedicated easements and other public places, and reasonable grounds for forfeiture of franchise rights.

History: L. 1972, ch. 49, ยง 1; March 24.

Law Review and Bar Journal References:

"State Control of Local Government in Kansas: Special Legislation and Home Rule," Barkley Clark, 20 K.L.R. 631, 667 (1972).

"Pay Television: The Pendulum Swings Towards Deregulation," 18 W.L.J. 86, 95 (1978).


1. Mentioned in holding that the furnishing of cable television service requires reasonable regulation by cities. Community Antenna TV of Wichita v. City of Wichita, 209 Kan. 191, 194, 495 P.2d 939.

2. Act construed with K.S.A. 12-2001 et seq.; city had authority to regulate rates of cable television company. City of Liberal v. Teleprompter Cable Service, Inc., 218 Kan. 289, 291, 292, 544 P.2d 330.

3. Cable television subsidiary precluded from resting its 42 U.S.C. 1983 claim on due process grounds. Classic Communication v. Rural Telephone Services, 956 F. Supp. 896, 907 (1996).

4. Cable television franchise fees collected from subscribers are part of gross receipts subject to sales tax. In re Tax Appeal of Atchison Cablevision, 262 Kan. 223, 936 P.2d 721 (1997).

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