Communities Fight State Laws That Can Divide Broadband Access

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In North Carolina, as in 18 other states, state laws limit municipalities from building or expanding high-speed Internet service networks. The reason behind those laws, supporters say, is to limit taxpayer exposure to projects that at times fail and for which there may be little demand.

But Federal Communications Commission Chairman Tom Wheeler says providing access to broadband Internet is in the public interest. And for that reason, he says, the commission can override those state laws -- setting off a heated debate about the federal commission’s authority over states and about whether local governments or private companies should provide the service.

Mark Cooper, research director of Consumer Federation of America, said he expected “a long and vicious fight. There is a felt need for a higher quality of service at a more reliable price. There’s a perception of market failure. If consumers were not upset, they wouldn’t be asking for it.”

At the center of the debate are Chattanooga (TN) and Wilson (NC). The two cities have petitioned the commission to invalidate their state laws. A ruling from the FCC is expected next year.


Communities Fight State Laws That Can Divide Broadband Access If state barriers to broadband drop, what happens next? (GigaOm/ Craig Settles)