As the federal government makes unprecedented investments to expand high-speed access to the Internet, unbeknownst to most outside the broadband industry is that nearly a third of the states in the U.S. have preemption laws in place that either prevent or restrict local municipalities from building and operating publicly-owned, locally-controlled networks.

Currently, there are 16 states across the U.S. (listed below) with these monopoly-protecting, anti-competition preemption laws in place.

These states maintain these laws, despite the fact that wherever municipal broadband networks or other forms of community-owned networks operate, the service they deliver residents and businesses almost always offers faster connection speeds, more reliable service, and lower prices.

In numerous cases, municipal broadband networks are able to provide low-cost or free service to low-income households even in the absence of the now expired federal Affordable Connectivity Program (ACP). And for several years in a row now, municipal networks consistently rank higher in terms of consumer satisfaction and performance in comparison to the big monopoly Internet service providers, as PCMag and Consumer Reports have documented time and time again.

Nevertheless, these preemption laws remain in 16 states, enacted at the behest of Big Cable and Telecom lobbyists, many of whom have ghost written the statutes, in an effort to protect ISP monopolies from competition.

The Infrastructure Law Was Supposed to Move the Preemption Needle But …

Consumer Reports’ latest survey of the most popular ISPs in America is once again dominated by smaller providers and community-owned and operated broadband networks.

The magazine’s semi-paywalled report measured the opinions of 48,000 readers on a 100 point scale across four criteria: value for money, connection reliability, customer service, and speed.

The top ranked (95 points) ISP in the nation according to Consumer Reports was Greenlight, a small fiber operator that deploys largely around upstate New York. The second (92) was EPB, the community-owned fiber network in Chattanooga, Tennessee whose deployment has helped the city envision an estimated $2.69 billion return on its initial investment.

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At the same time, regional monopolies that benefit from muted competition and oversight continued to fare poorly in the magazine’s rankings.

Expensive and usage-capped satellite broadband services fared the worst (HughesNet (14) and Viasat (14)), followed by a peppering of regional cable and telco monopolies like Comcast Xfinity (28), CenturyLink/Lumen (25), Mediacom’s Xtream (25), or Altice’s Optimum (20).

Cooperatives and Tennessee municipal broadband projects have nabbed a respectable chunk of Tennessee's latest round of middle and last mile broadband grants.

Tennessee’s Department of Economic and Community Development (TNECD) recently announced the state had awarded more than $162.7 million in broadband and digital opportunity grants, funded primarily via federal COVID relief legislation.

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TNECD indicates that $97.2 million is being earmarked for last mile and middle mile connectivity programs, with $65.5 million set aside for digital opportunity programs. The grants should extend broadband to an additional 236,000 Tennessee residents across 92 counties. Winners will provide $48 million in matching funds and must complete all projects by the end of 2026.

As is often the case, the regional telecom monopoly nabbed the lion’s share of the grants and awards, with Charter (Spectrum) being awarded more than $11.7 million for projects across Polk, Hardin, and Wayne counties. Charter was the top winner in the TNECD’s 2022 grant awards as well, nabbing $20.4 million to fund expansion across six counties.

At the same time, municipalities and cooperatives have been fairly well represented in both the 2022 and this year’s awards.

With Big Telecom’s assault-on-competition campaign as loud (and misleading) as ever, a small municipal broadband utility in Massachusetts is quietly showcasing one of the many reasons why building publicly-owned, locally controlled broadband infrastructure is gaining in popularity, racking up awards, and earning high subscriber satisfaction rates in communities across the nation.

With an eye on keeping local dollars close to home for community investments, last week the Westfield City Council voted to approve an $11.1 million bond for a new athletic track and field at the local high school, thanks to the success of Westfield Gas & Electric’s broadband subsidiary Whip City Fiber. And though the return on investment may not be as eye-popping as the $2.7 billion Chattanooga's municipal network, EPB Fiber, has reaped in Tennessee, Westfield officials hailed the community investment as a “huge moment” for local residents.

In a recently published piece in The American Prospect, Sean Gonsalves, ILSR's Community Broadband Networks Initiative Associate Director for Communications, reports on four cities across the U.S. that are well prepared to deal with the demise of the Affordable Connectivity Program (ACP).  

The article – titled "The Municipal Broadband Solution" – begins by laying out why Congress created the popular program and how letting the ACP go bankrupt undermines the national "Internet For All" Initiative now underway. However, while digital equity advocates across the nation rightly lament the demise of the program, the focus of the article is on cities that have figured out how to deliver afforable high-quality Internet access even without the ACP.   

Here's a few excerpts:

Congress created the ACP to soften a harsh reality: Americans pay among the highest prices for broadband of any developed nation in the world, leaving tens of millions unable to afford internet service—something experts have long noted is a telltale sign of a broken market dominated by monopoly providers, and is at the very heart of why the U.S. digital divide is as massive as it is.

However, although federal lawmakers have known for over a year that the fund would be bankrupt by this spring, GOP congressional leaders have not budged on even bipartisan attempts to save the ACP, prompting the Federal Communications Commission (FCC) to announce in January that the agency was being forced to wind down the popular program.

It’s a major setback for the “Internet for All” effort, especially in light of a recent FCC survey that found 29 percent of ACP beneficiaries would be left without any home internet service whatsoever without the benefit, in an age when internet connectivity is a necessity for meaningful participation in 21st-century society.

As the new year begins, the Institute for Local Self-Reliance (ILSR) announced today its latest tally of municipal broadband networks which shows a dramatic surge in the number of communities building publicly-owned, locally controlled high-speed Internet infrastructure over the last three years.

Since January 1, 2021, at least 47 new municipal networks have come online with dozens of other projects still in the planning or pre-construction phase, which includes the possibility of building 40 new municipal networks in California alone.

For the past four consecutive years, community owned and/or operated broadband infrastructure has proven to be a key ingredient in the makings of some of the fastest Internet Service Providers (ISPs) in the nation.

As was the case last year, PCMag’s recently released Top 10 list of “The Fastest ISPs of 2022” feature operators that are either municipal broadband networks or use city-owned fiber or conduit to deliver service across whole or parts of their footprint (with the exception of this year’s ninth-place finisher). Another way of saying that is: not one of 10 fastest networks in the nation are owned or operated by the major national ISPs, many of whom have embarked on an aggressive lobbying campaign to misinform public officials in particular and the public in general on the viability and successes of municipal broadband and local partnerships.

After ranking the major ISPs in their own slower category, PCMag turns to “talk about real speed.” 

For that, you don’t go to the big guys … Higher speeds are found in smaller, localized ISPs.

Need for Speed? Look to Local ISPs and Munis

After PCMag compiled a year’s worth of speed tests to analyze which ISPs offer the fastest download and upload speeds, Sonic – a California-based independent ISP – came out on top this year, having “posted the highest number we have ever seen in our test results. Because the uploads this company offers are, on average, eclipsing download speeds—by a lot.”

Catapulting to the top of this year’s list (from 10th place last year), Sonic is a privately-owned company that uses publicly owned conduit in Brentwood, California.