Kentucky Statutes 154.15-020 – Kentucky Communications Network Authority — Duties — Personnel — Powers
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(1) The Kentucky Communications Network Authority is established and shall be attached to the Office of the Governor. The authority shall be headed by an executive director who shall be hired by the board and approved by the Governor.
(2) Notwithstanding KRS § 42.726, the duties of the authority shall be to:
(a) Oversee and maintain KentuckyWired, the Commonwealth‘s open-access broadband network;
(b) Manage the master agreement establishing the public-private partnership between the Commonwealth and its private industry partner or partners. The purpose of the agreement is to design, engineer, build, operate, maintain, and upgrade the network;
(c) Provide network connectivity to public agencies;
(d) Offer access to entities eligible to utilize excess capacity on the network;
(e) Manage other aspects of the network and its utilization through the executive director and with oversight and input from the board established in KRS
154.15-030 and the advisory group established in this section;
(f) Promulgate administrative regulations pursuant to KRS Chapter 13A
necessary to implement the purposes of this subchapter;
(g) Enter into contracts with public and private entities to carry out its duties and responsibilities. A contract or other agreement involving the acquisition or disposition of a property interest by the Commonwealth shall be signed by the secretary of the Finance and Administration Cabinet. KRS Chapters 45A and
56 may require the secretary’s signature on other contracts or agreements;
(h) Provide program management services ensuring the financial viability of the master agreement and related contracts and agreements, including grant administration, contract compliance and oversight, community planning support, and constituent services;
(i) Seek out, secure, and manage funding sources for the network; and
(j) Create an advisory group, including major stakeholders, to provide input and feedback on issues important to the user community and to the long-term sustainability of the project and the network. The advisory group shall be administratively attached to and managed by the authority. The advisory group shall include but not be limited to representatives of:
1. The Department of Education;
2. The Council on Postsecondary Education;
3. The Cabinet for Economic Development;
4. The Cabinet for Health and Family Services;
5. The Transportation Cabinet;
6. The Justice and Public Safety Cabinet;
7. The Finance and Administration Cabinet;
8. The Administrative Office of the Courts;
9. The Legislative Research Commission;
10. Institutions of higher education;
11. Local government entities;
12. Libraries;
13. Public health care institutions or agencies;
14. Kentucky Educational Television; and
15. Others whose input will benefit the network.
(3) With the approval of the board, the executive director may hire additional officers and other personnel necessary for the proper functioning of the authority, fix their salaries, and prescribe their duties. The executive director and persons employed by the authority shall not be subject to the provisions of KRS Chapter 18A.
(4) (a) With the approval of the board, the executive director may make, execute, and effectuate contracts, leveraging future revenues from provision of government-to-government services and sale or lease of excess capacity, to incur debt in the name of the authority and enter into financing agreements with the Commonwealth, agencies of the Commonwealth, lending institutions, investors, or investing entities.
(b) The total amount of debt or financing under this subsection shall not exceed one hundred ten million dollars ($110,000,000), and shall not leverage any future revenues committed to the repayment of any other debt, or expected to be used for the repayment of any other debt, as of the time the debt or financing is entered into.
(c) Any proposed debt or financing under this subsection shall be submitted to the Capital Projects and Bond Oversight Committee for review at least fourteen (14) days prior to the committee meeting.
(d) If any debt or financing is incurred under this subsection, the authority shall provide to the Legislative Research Commission:
1. Within thirty (30) days of entering into a debt or financing agreement, a copy of the agreement; and
2. On January 1, April 1, July 1, and October 1 of each year that the debt or financing is outstanding:
a. The amount of principal and interest remaining on the debt or financing;
b. The use to which the capital gained from the debt or financing has been put; and
c. Any amendments, if any, to the original debt or financing instruments or agreements.
Effective: April 26, 2018
History: Amended 2018 Ky. Acts ch. 201, sec. 1, effective April 26, 2018. — Created
2017 Ky. Acts ch. 89, sec. 4, effective June 29, 2017.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, A, 31, (1) at 1654.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, A, 31, (3) at 1654.
(2) Notwithstanding KRS § 42.726, the duties of the authority shall be to:
Terms Used In Kentucky Statutes 154.15-020
- Authority: means the Kentucky Communications Network Authority. See Kentucky Statutes 154.15-010
- Board: means the Board of the Kentucky Communications Network Authority. See Kentucky Statutes 154.15-010
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Cabinet: means the Cabinet for Economic Development as established under KRS
12. See Kentucky Statutes 154.1-010 - Commonwealth: means the Commonwealth of Kentucky. See Kentucky Statutes 154.1-010
- Contract: A legal written agreement that becomes binding when signed.
- KentuckyWired: means the Commonwealth's open-access broadband network. See Kentucky Statutes 154.15-010
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Oversight: Committee review of the activities of a Federal agency or program.
- Project: includes but is not limited to agribusiness, agricultural or forestry production, harvesting, storage, or processing facilities or equipment. See Kentucky Statutes 154.1-010
- Year: means calendar year. See Kentucky Statutes 446.010
(a) Oversee and maintain KentuckyWired, the Commonwealth‘s open-access broadband network;
(b) Manage the master agreement establishing the public-private partnership between the Commonwealth and its private industry partner or partners. The purpose of the agreement is to design, engineer, build, operate, maintain, and upgrade the network;
(c) Provide network connectivity to public agencies;
(d) Offer access to entities eligible to utilize excess capacity on the network;
(e) Manage other aspects of the network and its utilization through the executive director and with oversight and input from the board established in KRS
154.15-030 and the advisory group established in this section;
(f) Promulgate administrative regulations pursuant to KRS Chapter 13A
necessary to implement the purposes of this subchapter;
(g) Enter into contracts with public and private entities to carry out its duties and responsibilities. A contract or other agreement involving the acquisition or disposition of a property interest by the Commonwealth shall be signed by the secretary of the Finance and Administration Cabinet. KRS Chapters 45A and
56 may require the secretary’s signature on other contracts or agreements;
(h) Provide program management services ensuring the financial viability of the master agreement and related contracts and agreements, including grant administration, contract compliance and oversight, community planning support, and constituent services;
(i) Seek out, secure, and manage funding sources for the network; and
(j) Create an advisory group, including major stakeholders, to provide input and feedback on issues important to the user community and to the long-term sustainability of the project and the network. The advisory group shall be administratively attached to and managed by the authority. The advisory group shall include but not be limited to representatives of:
1. The Department of Education;
2. The Council on Postsecondary Education;
3. The Cabinet for Economic Development;
4. The Cabinet for Health and Family Services;
5. The Transportation Cabinet;
6. The Justice and Public Safety Cabinet;
7. The Finance and Administration Cabinet;
8. The Administrative Office of the Courts;
9. The Legislative Research Commission;
10. Institutions of higher education;
11. Local government entities;
12. Libraries;
13. Public health care institutions or agencies;
14. Kentucky Educational Television; and
15. Others whose input will benefit the network.
(3) With the approval of the board, the executive director may hire additional officers and other personnel necessary for the proper functioning of the authority, fix their salaries, and prescribe their duties. The executive director and persons employed by the authority shall not be subject to the provisions of KRS Chapter 18A.
(4) (a) With the approval of the board, the executive director may make, execute, and effectuate contracts, leveraging future revenues from provision of government-to-government services and sale or lease of excess capacity, to incur debt in the name of the authority and enter into financing agreements with the Commonwealth, agencies of the Commonwealth, lending institutions, investors, or investing entities.
(b) The total amount of debt or financing under this subsection shall not exceed one hundred ten million dollars ($110,000,000), and shall not leverage any future revenues committed to the repayment of any other debt, or expected to be used for the repayment of any other debt, as of the time the debt or financing is entered into.
(c) Any proposed debt or financing under this subsection shall be submitted to the Capital Projects and Bond Oversight Committee for review at least fourteen (14) days prior to the committee meeting.
(d) If any debt or financing is incurred under this subsection, the authority shall provide to the Legislative Research Commission:
1. Within thirty (30) days of entering into a debt or financing agreement, a copy of the agreement; and
2. On January 1, April 1, July 1, and October 1 of each year that the debt or financing is outstanding:
a. The amount of principal and interest remaining on the debt or financing;
b. The use to which the capital gained from the debt or financing has been put; and
c. Any amendments, if any, to the original debt or financing instruments or agreements.
Effective: April 26, 2018
History: Amended 2018 Ky. Acts ch. 201, sec. 1, effective April 26, 2018. — Created
2017 Ky. Acts ch. 89, sec. 4, effective June 29, 2017.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, A, 31, (1) at 1654.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, A, 31, (3) at 1654.