The Joint Judiciary Committee heard a presentation from the Department of Commerce on state vs. local broadband preemption. Preemption is the ability of one party to purchase a service before another.
The federal government has preemption over most things, but the state can modify and change powers granted by general law. West Virginia does not have a law that would prevent or preempt local government ownership of networks; general revenue could be used to purchase networks. There are several federal programs for broadband expansion. The Office of Broadband views itself as a tool for the private sector to use in assistance but not as a competitor to the public sector.
West Virginia Code Chapter 31G – Broadband Enhancement and Expansion Policies was discussed briefly. The state has preemption laws pertaining to installation.
Alabama, Montana, Pennsylvania, South Carolina, and Texas with regulations and/or fees. Some states have removed preemption laws to allow for broadband expansion.
The Department of Commerce is neutral on the subject.
