Anti-Municipal State Bills Challenge Broadband Expansion, Clyburn Says
FCC Commissioner Mignon Clyburn said she has some “serious concerns” that new obstacles, like anti-municipal broadband bills in some states, are being erected. Such legislation is directly contrary to the National Broadband Plan goals and could endanger some stimulus projects, she said in an interview Monday.
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Such legislation is written so broadly that projects, even projects granted stimulus money, could be at risk, Clyburn said. There are significant pockets where the need for broadband is great and the availability is limited, she said. Offering service in some cities and towns doesn’t offer a good business case, she said. If the primary providers have made it clear that they won’t go there because they can’t make the numbers work, the communities should have the flexibility to build, she said. At least one other commissioner is aware of the issue, Clyburn said. There will be more information soon from the FCC collectively on the goal of expanding broadband, Clyburn said.
The key word is leveraging all resources to expand broadband infrastructure to the underserved and unserved, Clyburn said. Because of limited resources, “none of us can serve our communities alone,” she said. Local government can be a partner when the business case can’t be made from a private investment’s perspective, she said. There are opportunities for the industry and local government to work together, she said. Some claim local governments have unfair advantages, she said: “But you've got these pockets that do not have high-speed Internet access,” she said: “What do we do to ensure those communities” get access?
Positive Congressional engagement is welcome, Clyburn said. The broadband plan recommended that Congress clarify that state, regional, and local governments should not be restricted from building their own broadband networks, she said in a written statement. When commercial providers can’t meet the needs of local communities, the plan says state, regional, and local entities should be able to respond accordingly, the statement said: “Unfortunately, this National Broadband Plan recommendation continues to be ignored by some broadband industry members that are encouraging these misguided efforts."
Clyburn’s statement noted anti-municipal broadband legislations in North Carolina, South Carolina and Arkansas. The North Carolina bill passed the House and awaits consideration in the Senate (CD Feb 25 p9). The measure, if enacted, will not only “fail to level the playing field; it will discourage municipal governments from addressing deployment in communities where the private sector has failed to meet broadband service needs,” Clyburn said. NATOA President-elect Joanne Hovis said that “Commissioner Clyburn hit the nail on the head by declaring that these bills totally ignore the specific recommendation of the National Broadband Plan that state, local and regional governments be permitted to build their own networks.”