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Courts Uphold Law Limiting Municipal Broadband Expansion

Some municipal broadband providers will no longer be able to offer cheaper Internet service in neighboring areas.

 & Tom Brant Managing Editor

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The Federal Communications Commission cannot pre-empt state laws that restrict the deployment of city-owned broadband networks, a federal court ruled Wednesday.

In effect, the decision restricts most municipal broadband services to their home city, and prevents them from offering service in neighboring areas. It's a win for private broadband providers like Comcast and Time Warner, who won't have to compete with the sometimes-cheaper offerings from public utilities.

The FCC moved to exempt city-owned networks from territory restrictions in 2015. It approved two petitions filed by officials from Tennessee and North Carolina, who wanted to expand municipal networks in Chattanooga and Wilson, respectively.

North Carolina's Greenlight service provides gigabit Internet, voice, and video to residents and free Wi-Fi in downtown areas. Greenlight wanted to expand to the surrounding five counties, but state law imposes various restrictions, including a ban on providing service at a lower fee than major ISPs.

The FCC ruled that a state can reject a city's request to provide broadband service. But once they are approved to enter the market, the state cannot impose regulatory burdens that would prevent the expansion of a city network.

The FCC said it is reviewing today's decision, which it criticized as limiting Americans' access to affordable broadband service. While Chairman Tom Wheeler said in a statement that the agency would "consider all our legal and policy options to remove barriers to broadband deployment," he did not specifically indicate whether the agency would seek to overturn the decision.

"While we continue to review the decision, it appears to halt the promise of jobs, investment, and opportunity that community broadband has provided in Tennessee and North Carolina," Wheeler said.

About Our Expert

Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

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