With each new legislative session come the new bills from the incumbents aiming to limit competition. We typically expect at least one and begin looking for them early in January as legislatures begin assembling in state capitols; this year the anti-muni efforts begin in Virginia and Missouri.
"Show-Me" Your Bill
Missouri’s communities have been the object of legislative persecution from big national incumbents and the legislators they back for several years. When we learned that another effort to severely limit the ability for municipalities to bring better connectivity to the community was afoot, we weren’t surprised.
This year, the bill is from Republican Senator Ed Emery, who has recently moved from the House to the Senate. Surprisingly, Emery’s bio reports that he also worked with his father and grandfather in their feed and grain business. As some one with a connection to farmers, one would expect him to understand the importance of high-speed connectivity in today’s agriculture industry. Emery also has a significant history in the utilities industry. He’s received both the Legislator of the Year Award from the Missouri Cable Telecommunications Association and the Leadership Award from the Missouri Telecommunications Industry Association.
SB 186 starts out strong by prohibiting local government from offering “competitive service,” which includes both retail or wholesale models. By preventing wholesale models, the bill interferes with a municipality’s ability to work with private sector partners, a major complaint about the bill introduced last year.
The bill states that voters can only choose to allow a municipality to offer any services after the community has engaged in a very thorough feasibility study and the results have been publicized. As with last year’s bill, SB 186 sets up onerous hurdles that threaten to sabotage a network in the early days, discouraging local communities from pursuing a chance to serve residents, businesses, and municipal facilities. The bill also dictates ballot language, establishes geographical limits on any local network, and clearly established that no funds from other municipal services can be directed toward a municipal network. Much of SB 186’s language comes from last year’s bill.