Municipal Broadband: A Snapshot

Those who wish to preempt state laws impacting municipal broadband networks often cite up to 21 states that have limitations or restrictions on such networks. A closer inspection of the specific state laws being criticized, however, offers a much different picture regarding the scope and particulars of the specific state limitations.

In other words, if the Federal Communications Commission were to preempt state laws (assuming it has requisite authority), what “barriers” would it be preempting? Upon review, it is clear that many of the limitations or restrictions appear to be justified practices by state governments and should be excluded from any preemption discussion. Beyond the extensive rhetoric and absent Congressional direction, nullifying state-enacted taxpayer protections to further a political goal sends the FCC down an extremely troubling path.