Preemption of Broadband Internet

This is the latest in a series of LSSC toolkits aimed at providing a one-stop-shop for all of the messaging, media, legal, and research resources associated with individual issue areas that are commonly preempted. Click here to view them all.

This document was last updated in April 2022.

Messaging 101

• The pandemic has proven that a quality broadband internet connection is a necessity. The internet is indisputably essential for Americans who work from home, engage in distance learning, and/or are in need of accessing medical care or government services like Social Security. But millions of people across our country either cannot access or cannot afford the internet. 

• Developing or expanding existing municipal broadband networks would help meet that need.  

  • But 18 states currently have laws in place banning or limiting local broadband — limitations that disproportionately hurt BIPOC communities, workers in low-wage industries, and rural residents even before the pandemic.

• The reality is that the national cable and telephone companies behind these laws banning or limiting municipal broadband are focused on maximizing their short-term revenues. They have little incentive to develop sustainable models that ensure affordable, reliable internet access. Instead, they use their lobbying power to block new innovative business models that would create competition – even in areas that are not well-served.

• That’s why some cities have developed government-owned, fast, reliable broadband access for its residents. And why some states (including Arkansas and Washington) have repealed their bans on municipal broadband. 

• It’s time for state lawmakers to acknowledge the fundamental need to increase access to strong, reliable and affordable broadband.

Media Examples

• Ohio Republicans close to imposing near-total ban on municipal broadband | Ars Technica, 6/17/21

• State and Local Leaders Form New Group to Tackle Broadband Gaps | Route Fifty, 5/25/21

• Victory for municipal broadband as Wash. state lawmakers end restrictions | Ars Technica, 4/13/21

• To Expand Broadband, States Should Figure Out Where It Isn't Available | Route Fifty, 11/25/20

• Internet Access is a Civil Rights Issue | Education Week, 9/23/20

Additional Resources

• How the Federal Government Can Support Cities and Counties Limited by State Preemption Laws: The Case of Municipal Broadband | Urban Institute, 7/15/21

• Barriers to Municipal Broadband | Local Solutions Support Center