On Feb. 26, the FCC plans to act to preempt state laws that retard development of municipally owned broadband networks. The breadth of the potential preemption is unclear. The decision will occur at the same meeting at which the FCC plans to adopt broad net neutrality rules applying ‘‘public utility treatment’’ to local broadband networks to protect consumers and broadband applications.

How did municipal ownership of broadband networks rise to equal billing with net neutral ‘‘just and reasonable treatment’’ of internet content? Local ownership of broadband distribution networks has risen steadily in the federal policy debate over broadband deployment. Accelerated by the Obama stimulus legislation of 2009, non-traditional ownership of broadband networks has proliferated.

Originally published in Bloomberg BNA's Daily Report for Executives, 29 DER B-1, 2/12/15.