Feb 3 5:41 PM

Kansas considers bill to ban municipal broadband service

by The Stream Team @ajamstream

A Google Inc. broadband technician, installs Google Fiber network at the home of a customer in Kansas City, Kansas.

Julie Denesha/Getty Images.

A cable industry lobbying group introduced a bill in the Kansas State Legislature last week that would make it more difficult for municipalities to invest in broadband services for their residents. The bill, entitled the Municipal Communications Network and Private Telecommunications Investment Safeguard Act (SB 304), would prevent cities and towns in Kansas from establishing their own broadband networks. It would also would outlaw future public-private partnerships such as Google Fiber in Kansas City, which offers free internet for seven years to customers who pay a $300 installation fee.

The group that introduced the legislation, the Kansas Cable Telecommunications Association, includes cable companies such as Comcast, Cox and Time Warner Cable among its members.

Below is the central part of the bill, which strictly limits the ability of municipalities to get involved in expanding broadband access:

View the story "Kansas considers bill to ban municipal broadband service" on StorifyKansas considers bill to ban municipal broadband serviceBill introduced by cable industry lobbyists in Kansas State Legislature would outlaw municipal broadband.Storified by AJAMStream· Mon, Feb 03 2014 14:43:55Except with regard to unserved areas, a municipality may not, directly or indirectly: (1) Offer or provide to one or more subscribers, video, telecommunications, or broadband service; or (2) purchase, lease, construct, maintain, or operate any facility for the purpose of enabling a private business or entity to offer, provide, carry, or deliver video, telecommunications, or broadband service to one or more subscribers.arstechnica.comThe bill was met with sharp criticism from Kansas towns and broadband activists. The city of Chanute has already established its own fiber optic network for government and business use and is seeking to expand the municipal service to private homes. Chanute's utilities director Larry Gates expressed opposition to the bill's attempt to stymie projects like theirs, saying, "It's about home rule, local choice."

Christopher Mitchell, director of the Telecommunications as Commons Initiative of the Institute for Local Self-Reliance, had harsh words for the legislation:

The language in this bill prohibits not only networks that directly offer services but even public-private partnerships and open access approaches. This is the kind of language one would expect to see if the goal is to protect politically powerful cable and telephone company monopolies rather than just limiting local authority to deliver services.muninetworks.orgInternet companies and trade associations also criticized the pending legislation in a letter to Kansas state Sen. Julia Lynn, chair of the Commerce Committee. The letter's signatories, which include Google, assert that SB 304 is "a step in the wrong direction":A significant portion of criticism was directed at the bill's unclear definition of "unserved areas." Opponents pointed out that, without a precise definition, it would be difficult for areas looking to improve their broadband access to prove they met the exemption requirements. In response to this criticism, a hearing on the bill set for Feb. 4 was postponed in order to "tweak" the language surrounding the "unserved" exemption.

John Federico, president of the Kansas Cable Telecommunications Association, stated that the legislation would not affect Google Fiber's efforts in Kansas City, as the bill contains a grandfather clause.

Lynn said she was surprised that the bill had elicited such an impassioned response and assured she would listen to input from constituents:

"What I think the bill is intended to do is to prevent local units of government from creating their own broadband networks and competing against private business. … Philosophically, I'm aligned with that. However, it's not my intention to fast-track anything that might have any unintended consequences."bizjournals.comNineteen other states have laws that restrict municipalities from offering alternatives to private internet service providers. SB 304, however, would be the only state legislation to prohibit a city or town from leasing municipal resources to a private provider.

The cable industry has made attempts elsewhere in the country to undermine efforts to expand broadband access and bring down prices. Last November, after Seattle mayoral incumbent Mike McGinn announced a plan for a fiber optic network that would have made the city's internet faster and cheaper, Comcast donated large sums of money to McGinn's opponent through super PACs.

Americans pay much more for internet access at slower connections than other countries do. The World Economic Forum ranked the U.S. 35th out of 148 countries in broadband internet bandwidth capacity.

policymic.comWhat do you think of SB 304? Leave your thoughts in the comments below.

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Kansas considers bill to ban municipal broadband service

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