Kansas Law Would Restrict State’s Internet Access

The state of Kansas wants to guarantee that cities cannot invest in any broadband network technologies and has introduced a bill (Senate Bill No. 304) to guarantee that this will happen.  The language prohibits both networks that offer services and public-private partnerships and open access approaches. Even the supposed protection for the “unserved areas” doesn’t protect these because the definition of access to a connection meeting FCC’s minimum broadband definition includes mobile wireless and satellite access that cannot provide necessary two-way transmitting of information for the Internet. Because mobile wireless is costly and doesn’t work in all rural areas, it is also not a measure of having Internet access.  With this guideline, it’s possible that nowhere in Kansas can an area be considered “unserved.”

The law reads as follows:

   Except with regard to unserved areas, a municipality may not, directly or indirectly:

(1) Offer to 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.

Basically, the legislature wants to remove the choice of any local area to make decisions about investing in essential infrastructure. A similar approach has also occurred in Georgia where cable and telephone companies want to guarantee that they are competition-free, even in the country’s most rural areas. The end result is that people in Kansas may find themselves with little or no connection to the Internet.