A State-By-State Guide To Restrictive Community Broadband Laws

blottsie writes On Tuesday, President Obama will unveil a dramatic push to improve broadband Internet service for people around the country through community-built municipal broadband networks. Problem is, state legislatures around the country have passed laws making it considerably more difficult for these public Internet projects to get off the ground. In some states, building municipal broadband is prohibited altogether. This piece dives into the state laws standing between us and more competitive Internet service markets.

Comments

building municipal broadband is prohibited

[fustakrakich]

This is why we need a federal government to put the hammer down. To hell with 'states rights'!

Re:building municipal broadband is prohibited

[bobbied]

Hmmm.. So your argument is that because the internet crosses state and international boundaries the Fed is free to regulate it. The problem with this is that the commerce clause is about regulating TRADE as it crosses the boundaries between the states and other countries. The Fed can regulate, tax and otherwise control things that cross the state's border, but what happens within the state is the business of the state. The Fed has been justifying a LOT of things using the Commerce Clause, which are really pushing us into some very grey areas.

So, my reading says that the Fed can regulate buying/selling (commerce) that crosses the state line over the internet, but if the state wants to regulate ISP's within it's borders, it is free to do so w/o Federal involvement as long as the state doesn't stray beyond it's constitutional power. A state can force the collection of Sales Taxes on internet sales, they can asses fees and taxes on internet service, and if they want they can prohibit public entities from being ISP's.

The Federal government has slowly been increasing it's reach using the commerce clause as justification. THIS is what needs to stop.

Oh, and your Interstate Highway system example wasn't exactly the same as this. Interstates where built using Federal funds in cooperation with the states for the expressed purpose of interstate commerce. I don't see the Federal government doing the same with the internet, which is nearly 100% privately funded infrastructure with very little continued Federal involvement in it's design, construction or operation. Plus, if a state wanted to weigh commercial trucks as they entered and left and levy fines for being overweight, they are free to do that. Just like they are free to say to 18 wheelers "You cannot drive down this public road" and "You can only go this fast."