FCC decision protects community-run broadband networks

The Federal Communications Commission issued a landmark decision in late February by classifying the Internet as a public utility and supporting the principle of “net neutrality.”

Net neutrality holds that Internet service providers and governments should treat all data on the Internet equally – not charging differentially by user, content, site, platform, application, type of attached equipment or modes of communication.

The new FCC rules will prohibit entities from paying higher rates to move their data more quickly, thereby blocking the creation of Internet fast lanes for those willing to pay more and slow lanes for everyone else.

The FCC also ruled that state lawmakers cannot preempt the creation of community-run broadband networks. Community networks serve to control the consumer costs of private Internet services, and in some cases are the only opportunity to access Internet in rural areas.

Approximately 20 state legislatures had passed community broadband network preemption laws, but Massachusetts had not advanced any such legislation.

Many municipalities in western and central Massachusetts do not have commercial Internet service providers and have developed or are developing municipal networks – an economic development priority in many communities. The Massachusetts Broadband Institute, created in 2008 by legislation with $40 million in funding, is charged with investing in broadband-related infrastructure and improvements to advance key local projects.

Tony Perez, president of the National Association of Telecommunications Officers and Advisors, applauded the FCC decision to protect community broadband networks.

“Our nation suffers from a lack of broadband competition,” he said in a statement. “One way to address the problem is to ensure local governments may make locally driven decisions that best address the broadband aspirations of their communities.”

The FCC decisions are expected to face numerous legal challenges in the coming months.