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Jim Baller Testimony Outlines the Consequences of State Preemption Laws

In September, we wrote about the elimination of significant state barriers in Arkansas and Washington as legislators at the state level pushed to overturn the laws protecting monopoly providers which prevent localities from building and operating their own broadband infrastructure. 

The result of those moves is that the number of states which maintain barriers to community-owned networks fell to 17, heralding significant progress for the future.

The same week, Coalition for Local Internet Choice (CLIC) President Jim Baller testified before the Missouri House of Representatives' Interim Broadband Development Committee to address the state of preemption across the U.S. There, he argued that the "Missouri Legislature should follow the lead of Arkansas and Washington State and repeal the restrictions in R.S.Mo. § 392.410, once and for all. It should also reject any proposed new restrictions on municipal, cooperative, or public-private broadband projects." 

During the course of his remarks he makes a powerful case against "state barriers to municipal, cooperative, or public-private broadband initiatives":

[The] are not only bad for the communities involved, but they also hurt the private sector in multiple ways. They prevent private companies from making timely sales of equipment and services to municipal or cooperative networks. They impede companies from using advanced public or cooperative networks to offer businesses and residential customers an endless array of modern products and services. They thwart economic and educational opportunities that can contribute to a skilled workforce that would benefit existing and new businesses across the state. They also deny the community the economic and social benefits from which everyone in the community can benefit, including the private sector. 

He continues:

Jim Baller Testimony Outlines the Consequences of State Preemption Laws

In September, we wrote about the elimination of significant state barriers in Arkansas and Washington as legislators at the state level pushed to overturn the laws protecting monopoly providers which prevent localities from building and operating their own broadband infrastructure. 

The result of those moves is that the number of states which maintain barriers to community-owned networks fell to 17, heralding significant progress for the future.

The same week, Coalition for Local Internet Choice (CLIC) President Jim Baller testified before the Missouri House of Representatives' Interim Broadband Development Committee to address the state of preemption across the U.S. There, he argued that the "Missouri Legislature should follow the lead of Arkansas and Washington State and repeal the restrictions in R.S.Mo. § 392.410, once and for all. It should also reject any proposed new restrictions on municipal, cooperative, or public-private broadband projects." 

During the course of his remarks he makes a powerful case against "state barriers to municipal, cooperative, or public-private broadband initiatives":

[The] are not only bad for the communities involved, but they also hurt the private sector in multiple ways. They prevent private companies from making timely sales of equipment and services to municipal or cooperative networks. They impede companies from using advanced public or cooperative networks to offer businesses and residential customers an endless array of modern products and services. They thwart economic and educational opportunities that can contribute to a skilled workforce that would benefit existing and new businesses across the state. They also deny the community the economic and social benefits from which everyone in the community can benefit, including the private sector. 

He continues:

The State of State Preemption – Seventeen is the Number

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The State of State Preemption – Seventeen is the Number

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The State of State Preemption – Seventeen is the Number

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The State of State Preemption – Seventeen is the Number

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The State of State Preemption – Seventeen is the Number

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The State of State Preemption – Seventeen is the Number

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

Minnesota Broadband: Land of 10,000 Connectivity Solutions

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In a new report, the Institute for Local Self-Reliance showcases the diverse range of approaches communities and local Internet Service Providers (ISPs) have taken to expand affordable, high-quality Internet access in Minnesota. It includes a series of case studies that detail how communities are meeting the connectivity challenges of a broken marketplace shaped by large monopoly service providers. 

Download Minnesota Broadband: Land of 10,000 Connectivity Solutions [pdf] here.

The profiled projects include municipal networks, public-private partnerships, cooperatives, and private investment. They run from the most rural areas of the state to Minneapolis. Some examples include:

  • RS Fiber Cooperative, in south central Minnesota, which has brought fiber to local businesses and town residents. Rural residents benefit from RS Air, a fast wireless service available at affordable prices.
  • Arrowhead Electric Cooperative’s fiber network in Cook County, which succeeded beyond original projections. It provides fast and affordable Internet access to one of the most far-flung parts of the state.
  • St. Louis Park’s partnerships with both ISPs and the builders of large condominium complexes. One of the providers working with St. Louis Park is better known as the fastest ISP in Minneapolis, USI Fiber.
  • Christensen Communications, a 100+ year-old telephone company in south central Minnesota. The company demonstrated a strong commitment to its communities when the pandemic hit, and is now going above and beyond to build fiber with federal subsidies.
  • The Fond du Lac Band, in northern Minnesota, which built a fiber-to-the-home network that is rare in Indian Country.

Ry Marcattilio-McCracken, co-author of the report and Senior Researcher with ILSR’s Community Broadband Networks initiative, said of the report’s findings: 

Minnesota Broadband: Land of 10,000 Connectivity Solutions

Image

In a new report, the Institute for Local Self-Reliance showcases the diverse range of approaches communities and local Internet Service Providers (ISPs) have taken to expand affordable, high-quality Internet access in Minnesota. It includes a series of case studies that detail how communities are meeting the connectivity challenges of a broken marketplace shaped by large monopoly service providers. 

Download Minnesota Broadband: Land of 10,000 Connectivity Solutions [pdf] here.

The profiled projects include municipal networks, public-private partnerships, cooperatives, and private investment. They run from the most rural areas of the state to Minneapolis. Some examples include:

  • RS Fiber Cooperative, in south central Minnesota, which has brought fiber to local businesses and town residents. Rural residents benefit from RS Air, a fast wireless service available at affordable prices.
  • Arrowhead Electric Cooperative’s fiber network in Cook County, which succeeded beyond original projections. It provides fast and affordable Internet access to one of the most far-flung parts of the state.
  • St. Louis Park’s partnerships with both ISPs and the builders of large condominium complexes. One of the providers working with St. Louis Park is better known as the fastest ISP in Minneapolis, USI Fiber.
  • Christensen Communications, a 100+ year-old telephone company in south central Minnesota. The company demonstrated a strong commitment to its communities when the pandemic hit, and is now going above and beyond to build fiber with federal subsidies.
  • The Fond du Lac Band, in northern Minnesota, which built a fiber-to-the-home network that is rare in Indian Country.

Ry Marcattilio-McCracken, co-author of the report and Senior Researcher with ILSR’s Community Broadband Networks initiative, said of the report’s findings: