House Republicans propose nationwide ban on municipal broadband networks

House Republicans have unveiled their plan for "boosting" broadband connectivity and competition, and one of the key planks is prohibiting states and cities from building their own networks. Rep Billy Long (R-MO) is the lead sponsor. The bill "would promote competition by limiting government-run broadband networks throughout the country and encouraging private investment," without explaining how limiting the number of broadband networks would increase competition. The bill states that "a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband Internet access service, retail or wholesale broadband Internet access service." The bill has an exception that would allow existing government networks to continue in cities and towns without substantial broadband competition. States or municipalities that already offer Internet service may continue to do so if "there is no more than one other commercial provider of broadband Internet access that provides competition for that service in a particular area." But existing networks would also be prevented from expanding into other areas. The bill is reminiscent of laws in nearly 20 states that restrict the building of municipal networks. But it has no realistic chance of passage in the Democratic-controlled House.

Attorney Jim Baller, who represents local governments and maintains a list of states that restrict municipal broadband or other public communications initiatives, pointed out that Republicans in Congress are taking the opposite approach as Republicans in the Arkansas State Legislature. He said, "In the face of compelling pandemic-driven evidence that affordable broadband Internet access is essential to modern life, that tens of millions of Americans are being left behind, and that an emergency requiring immediate action exists, five enlightened Arkansas Republicans recently persuaded their overwhelmingly Republican legislature to vote unanimously to give local governments significant new authority to provide or support the provision of broadband Internet access. Now, taking exactly the opposite approach in the US Congress, the Republicans on the House Energy and Commerce Committee have just introduced a bill that would all but extinguish public broadband initiatives and public-private broadband partnerships nationwide. That's utterly absurd."