The legislation in Kansas that would have made it nearly impossible for cities and towns in that state to offer broadband service to residents was originally scheduled for debate in the Senate today.

That hearing ended up being canceled after public outcry forced the bill's author, the Kansas Cable Telecommunications Association (KCTA), to rethink its tactics.

But that doesn't mean the bill is going away forever. Cox, a member of the cable lobby group, blamed the early struggle on "misinformation" but said there will be "continued discussion."

"Cox Communications was prepared to participate in Kansas legislative hearings regarding Government Owned Networks," the company said in a statement sent to Ars. "With approximately 22 other states having some type of restriction on the use of taxpayer dollars for these kinds of facilities, we thought it a relevant topic worthy of our involvement given our significant investment in the communities we serve and our public-private partnerships. There was enough misinformation regarding the legislation that made it appropriate for the committee to defer action at this time. We look forward to a continued discussion with all parties on this issue."

The KCTA said yesterday that it requested the cancellation of today's Senate Commerce Committee hearing to "allow time to meet with the interested parties about the legislation." (As it turned out, a snowstorm canceled all of today's legislative sessions.)

The bill would have forbidden municipalities from providing "video, telecommunications, or broadband service" except in areas where nine out of 10 residents have no service at all. The bill also placed restrictions on government partnerships with broadband companies.

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This drew opposition from within Kansas and from a variety of tech companies and consortiums who sent a letter to state lawmakers. The letter was signed by Google, which chose Kansas City as the first site for its Google Fiber service. Signees also included Alcatel-Lucent, the American Public Power Association, the Atlantic Engineering Group, Calix, CTC Technology & Energy, the Fiber to the Home Council, the National Association of Telecommunications Officers and Advisors, OnTrac, the Telecommunications Industry Association, and the Utilities Telecom Council.

"We, the private-sector companies and trade associations listed below, urge you to oppose SB 304 because this bill will harm both the public and private sectors, stifle economic growth, prevent the creation or retention of thousands of jobs, hamper work force development, and diminish the quality of life in Kansas," the letter said. "The private sector alone cannot enable the United States to take full advantage of the opportunities that advanced communications networks can create in virtually every area of life. … SB 304 would prevent municipalities from working with private broadband providers, or developing themselves, if necessary, the advanced broadband infrastructure that will stimulate local businesses development, foster work force retraining, and boost employment in economically underachieving areas."

The KCTA denied that its bill is just an attempt to protect cable companies from competitors. “Let me be clear that this legislation was not introduced to prevent other private telecommunications providers from building or expanding their services in Kansas communities," KCTA President John Federico said in yesterday's announcement. "This bill was intended to provide safeguards to all telecommunication providers against government-subsidized competition."

Last week, Federico told Ars that the cable lobby intends to change how the bill defines "unserved areas" to make it a little less restrictive. But the lobby's belief that it shouldn't have to face competition from government-run networks remains as strong as ever.

“Taxpayer dollars are a scarce resource, and legitimate questions about municipal projects that compete with private providers should be addressed in communities where private Internet Service Providers have already invested risk capital to bring high-speed broadband, and other telecommunication services, to Kansas consumers," Federico also said this week.

The lobby will probably have at least some support in the legislature. Two Republican Kansas legislators are part of the leadership of the American Legislative Exchange Council, which says that taxpayer-funded broadband networks "could erode consumer choice by making markets less attractive to competition because of the government’s expanded role as a service provider."

The council's board of directors includes Sen. Susan Wagle, vice chair of the Kansas Senate's Commerce Committee, and Ray Merrick, speaker of the state House of Representatives.