Pennsylvania Bill to Ease Municipal Broadband Restrictions; Experts Say It Doesn’t Go Far Enough
A bipartisan coalition of Pennsylvania lawmakers have introduced legislation that attempts to reverse some of the state’s most-stringent provisions hamstringing municipal broadband builds.
But experts suggest that while the bill may be well-intentioned, a cleaner approach would be to eliminate the state’s harmful and dated restrictions on municipal broadband entirely.
As it currently stands, Pennsylvania law prohibits municipalities from providing broadband to state residents for money, unless existing telecom providers don’t currently provide broadband access at the address, and those providers claim they’re willing to do so sometime within 14 months of being asked.
Under the state law, the only metric used to determine whether an ISP is adequately “serving” an “underserved” area is advertised speed. No additional metrics, including price or quality of service, are used to make such a determination.
Such restrictions not only hamstring creative, local municipal broadband solutions, it gives telecom industry giants the ability to effectively veto or delay any new promising builds simply by promising that they might someday extend advertised speeds to under-served territories.
New Bill Takes Aim at State Preemption Law
Enter SB1363, a new bill introduced in November to the Pennsylvania legislature that attempts to scale back at least some aspects of the state’s problematic restrictions on municipal broadband.
The bill, sponsored by Pennsylvania State Senator John I. Kane (D), starts by adopting a more modern standard definition of broadband of 100 Megabits per second (Mbps) in both directions, a dramatic boost from the FCC’s current definition of broadband: a paltry 25 Mbps downstream, 3 Mbps upstream.
