Municipal broadband networks already serve more than 500 communities across the country, but some states are trying to keep that number from growing. Nineteen states have established legal barriers or even outright bans on publicly owned networks, according to well-respected communications law firm Baller Stokes & Lide.

These state laws, often enacted at the behest of large telecom monopolies, slow the development of community owned connectivity in various ways. From Alabama to Wisconsin, states have implemented everything from direct prohibitions on municipal networks to oppressive restrictions and requirements that limit competition.

The outlook for municipal connectivity may be starting to improve though, despite incorrect reports that state-level broadband preemption increased over the past year. Baller Stoke & Lide’s list of states with restrictions on municipal broadband investment actually shrunk this year from 20 states to 19 — a result of downgrading Colorado’s SB 152 from bonafide barrier to mere annoyance. Still, barriers to community networks remain in more than a third of all states, leaving millions of Americans unconnected and tens of millions more without local Internet choice.

Bans, Blocks, and Burdens

Common approaches to preempting municipal broadband networks range from straightforward bans to confusing financial restrictions and complicated legal requirements. While some states have established one main barrier to community broadband, many more have adopted a bird’s nest of regulations that kill any possibility of municipal connectivity, if only because of the legal uncertainty created by complex and vague laws.

Out of the 19 states with restrictions on municipal networks, a few explicitly ban local governments from providing communications services to their citizens. In Nevada, only municipalities with less than 25,000 people and counties with less than 55,000 people can offer telecommunications services. Both Arkansas and Tennessee bar municipalities without electric utilities from providing Internet access in most situations. Yet other states restrict where government utilities can deploy broadband or what types of services they can offer...

When rural broadband advocates talk about the connectivity needs of farmers, they often discuss real-time crop prices, monitoring the status of fields, or the ability to submit data-intensive reports. An innovator in North Carolina has a different take on why fast, affordable, reliable connectivity is important to his ag-related business and it involves hog waste. He explains how North Carolina’s municipal networks and cooperatives need to be able to operate without restriction if the state’s agribusiness is to advance.

Methane is Power, but Broadband is a Must

In a recent opinion piece by Mark Maloney, the CEO and founder of OptimaBio writes that his company is developing a method for capturing methane from hog waste and transforming the biogas into electricity. According to Maloney, the pilot program has the potential to expand in order to provide affordable energy while also reducing harm to the environment.

A key element that OptimaBio requires, however, is reliable and fast connectivity, which isn't readily available in many rural North Carolina communities yet: 

The equipment that allows this conversion produces large amounts of data to assist us in understanding operations and avoid downtime.

That data is of no value if we cannot transmit it over a reliable communications network.

Today, without reliable broadband, we use radio signals to get the job done. It’s not ideal.

He describes how weather and trees can interrupt radio signals that must be in line of sight of each other, and how the company must purchase expensive equipment in order to use radio signals. At this stage, there is no other alternative in the rural areas where they operate.

A Chronic Problem

Maloney writes that his company is one of many in the agriculture industry that struggles due to poor rural connectivity in North Carolina. In order to allow agribusiness to pursue innovations that can solve problems and find improvements, the state needs to remove onerous hurdles.

As our state policymakers and legislators examine the issues of broadband access, they need to bring all available options and partners to the table – including electric co-ops and local governments. It is imperative that we remove all hurdles that hinder local...

At the beginning of the year, our Community Broadband Networks team visited North Carolina as part of the Let’s Connect speaking tour. While preparing for the trip and after returning to Minnesota, we researched and mapped Internet access and broadband funding in the state. Here’s what we found.

Broadband Availability by County

According to Federal Communications Commission (FCC) data, which is riddled with errors and fundamentally overstates coverage, almost 95 percent of North Carolina has access to broadband speeds of a minimum of 25 Megabits per second (Mbps) download and 3 Mbps upload. Despite seemingly widespread connectivity, many rural parts of the state are still not connected. While the FCC data shows that nearly all of urban North Carolina has access to broadband and about 97 percent has access to higher speeds of 100 Mbps/10 Mbps, more than 15 percent of rural North Carolina is entirely without broadband and more than 24 percent lacks access to speeds of 100 Mbps/10 Mbps.

However, far more North Carolinians don't have Internet access than the FCC says, particularly in rural communities. The FCC's data collection method relies on self-reporting by providers at the census block-level, which inherently exaggerates the extent of broadband coverage. Even if a provider offers Internet access to only one home within a census block, the entire census block is counted as served. Rural areas, where the census blocks are large and homes are far apart, are especially harmed by this approach.

View the map below to see which parts of the state have high-speed Internet access, according to FCC data.

For greater detail, download the county-level maps from this Dropbox folder.

Cooperatives Connect Rural N.C.

Rural North Carolina isn’t entirely devoid of high-...

On Friday, April 26th from 9:30 AM to 4:00 PM, NC Broadband Matters will host its 2nd Annual NC Hearts Gigabit Interactive at the North Carolina Rural Economic Development Center in Raleigh. The event will showcase why broadband access is critically important to urban and rural communities in North Carolina for workforce development and technology innovation.

Register online for the event.

In late 2012, over thirty communities came together in Wilson, North Carolina, over a series of lunches to discuss ways in which to bring more gigabit fiber Internet to the state. By 2016, these talks had turned into formal action and became known as the NC Hearts Gigabit campaign. The following year, the nonprofit NC Broadband Matters was formed to function as the campaign’s coordinating body. Since its inception, NC Broadband Matters has worked to bring together both private and public stakeholders to promote statewide affordable, fast, and reliable Internet. 

With a full agenda covering various aspects of broadband policy and finance, the 2nd Annual NC Hearts Gigabit Interactive is one more way that NC Broadband Matters is working to educate stakeholders on why fast Internet is the future. Harvard Law School Professor Susan Crawford, who recently discussed her new book Fiber: The Coming Tech Revolution and Why America Might Miss It on our Community Broadband Bits podcast, will be the keynote speaker of the event.

You can review the full agenda to learn more about specific panel discussions. To help spread the word, feel free to download and share this promotional flyer.

To hear Susan Crawford’s discussion about how cheap and reliable fiber Internet access can revolutionize our country in person, register here. If you can’t make it to the Interactive,...