Judiciary committee hears bill to add broadband lines to critical infrastructure protections

The Committee on Judiciary opened a hearing on House Bill 2061 to consider adding above-ground and below-ground lines, cables and wires used for broadband, telecommunications and video services to the legal definition of a “critical infrastructure facility” under KSA 21-58-18.

Jason, the committee reviser, told members the change is limited to the definition in subsection (g)(7) and does not alter penalties or elements of the crimes. "No penalty change, no change to the elements, just a change to the kinds of things that are considered a facility and where they might be located," Jason said.

Dayton Mirdi, representing Charter Communications (locally known as Spectrum in Kansas), testified in support of the bill and said the company has about 18,000 customers in the state, more than 850 employees and invested $37,000,000 last year to expand broadband to roughly 3,000 residents. "We support HB 2061 to add broadband and communication cables and wires to the definition of critical infrastructure facilities," Mirdi said, adding the company had seen instances of intentional damage that affected up to 10,000 customers in a single event.

Members asked technical and enforcement questions. Representative Williams asked whether culpability could be negligence; the reviser replied the culpability language in the statute for trespassing and criminal damage is "knowingly," not negligent. "For criminal damage, it's knowingly damaging, destroying, or tampering," Jason said.

Representative Carmichael questioned whether adding statutory language would change prosecutorial decisions; Mirdi said some incidents occur in isolated areas and can be hard to investigate and that the company is working with police but did not provide examples for public record during the hearing. When the committee asked how deep "below ground" lines might be, Mirdi said it varies but that in many deployments the lines are deeper than 36 inches.

The reviser and witnesses emphasized that the bill is limited to changing what is considered a critical infrastructure facility and does not increase criminal penalties. Written-only testimony from AT&T was entered into the record; the committee closed the hearing on HB 2061 and did not take a vote during the session. The committee announced a separate hearing on HB 2062 scheduled for the next day and said a hearing on HB 2131 about jailhouse testimony is planned for a future meeting pending scheduling.

No formal committee vote was recorded at the close of the hearing; the bill will return for committee action at a later date.