Preemption Detente: Municipal Broadband Networks Face Barriers in 19 States

Nineteen states have established legal barriers or even outright bans on publicly owned networks, according to well-respected communications law firm Baller Stokes & Lide. These state laws, often enacted at the behest of large telecom monopolies, slow the development of community owned connectivity in various ways. Many news outlets have erroneously reported that 26 states now preempt municipal broadband networks, based off unintentionally misleading research from BroadbandNow. Unlike Baller Stokes & Lide, which only considered the state laws that actively prevent local governments from investing in community networks, BroadbandNow cast a wider net. As a result, BroadbandNow identified some laws that either aren’t applicable to local governments or haven’t proven to be significant barriers to municipal investment. 

In contrast to sensationalist reports of growing state preemption, the 2019 legislative session was actually more of a detente rather than a call to arms for municipal broadband networks and state legislatures. No states passed new laws to restrict community owned connectivity, and at least one state, Arkansas, even loosened its ban on some municipal networks. While it’s unclear whether this is a turning point in the fight for local authority or just the calm before the storm, laws in 19 states still prevent local governments from investing in municipal broadband networks. Legislators in those states should remove these legal barriers if they truly want all of their constituents to have a choice in modern, high-speed Internet access.