6.1. ERMUSR 03-09-2010 - Laserfiche WebLink

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that "any entity" is allowed to provide telecom services, yet 14 states have laws, which the courts .have upheld, that prohibit local governments from providing these important telecommu- nications services. Congressional Action The Community Broadband Act of 2007 was introduced in both chambers last Congress. The legislation prohibits states from precluding municipal gov- ernments from offering competitive alternatives to incumbent providers and includes compromise language on bailout provisions due to bankruptcies and on the opportunity to bid com- petitively. The bipartisan Senate bill was ap- proved by the Commerce, Science and Transportation Committee last year. While considered non-controversial, the lack of any major movement on telecommunications issues prevented the full Senate from acting on this legislation during its session. The House measure was heard in the Energy and Commerce Committee in 2007 and was included as a title in a draft bill on telecommunications issues related to wireless consumer protections, community broadband and spectrum issues. Unfortunately, due to issues regarding the wireless consumer protections provisions in the draft bill, the broader bipartisan legislation was never formally intro- duced. Both the House and Senate bills are expected to be introduced in the 111th Congress. MMUA Position Cities should be able to offer all telecom services without barriers. The contention that public bodies shouldn't provide a service offered by private en- terprise is disingenuous, since in many areas of the state the private sector is unable or unwilling to pro- vide these services. In these localities, municipalities may be the only viable means of introducing such services. this was often the case with electricity over 100 years ago, and is still the case with telecom today. Affordable, truly high-speed broadband access is crucial to a city's economic future. Federal policy that facilitates consolidation and limits any entity's ability to provide services will not bring about benefits to consumers. Regulation that protects consumers from monopoly pricing and predatory pricing must be enhanced. MMUA urges Congress to: recognize the positive role that units of local government, including municipal electric systems, can play in enhancing their communities by offering advanced communication services; support federal legislative efforts, including the bipartisan Community Broadband Act, that protect the ability of local communities to offer telecom services; and oppose federal efforts that would restrict or prohibit local entities from providing key communication services.