Analysis: Bills in VA and MO Would Double Down on Banning Municipal Broadband

Legislation proposed in Virginia and Missouri would tighten the noose that restricts local governments from creating broadband options.

In Virginia, the bill comes from a state delegate with strong ties to the telecommunications industry and with ALEC, the national advocacy group that wrote similar laws for other states. Virginia’s State House Bill 2108 effectively stops cold all of the efforts the state has taken to get broadband in communities through seemingly benign definition. The bill allows municipal networks only in areas that don’t already have broadband – defined as 10 Mbps download speed and 1 Mbps upload.

In Missouri, meanwhile, the state’s current anti-municipal network law, written in 1997, bans public entities from owning and providing telecom services. But it’s always been an implied or assumed ban, even though an exception for broadband was written into the bill. One Missouri city built a network without challenge, and Columbia two years ago planned to play the same “Get Out of Jail Free” card. The Missouri Legislature has been making annual efforts since 2014 to ban muni broadband. This year’s entry is SB 186, which would prohibit retail or wholesale competitive service. By banning wholesale efforts, the bill would prevent a municipality from working with private-sector companies to supply broadband.