H.R. 1631House117th Congress (2021-2023)In Committee

Community Broadband Act of 2021

AI-Generated Summary

Updated February 7, 2026 at 11:53 PM UTC

The Community Broadband Act of 2021 amends the Telecommunications Act of 1996 to protect state and local governments, public‑private partnerships, and cooperatives so they can offer broadband services without state laws blocking them. It adds rules that prevent discrimination by public providers when they regulate private competitors and defines key terms for these types of providers. The changes apply to any advanced telecommunications capability or services they provide.

Key Provisions

Prohibits any state statute, regulation, or legal requirement from preventing public, public‑private partnership, or cooperative providers from delivering advanced telecommunications services.
Requires public providers and public‑private partnership entities that regulate private competitors to apply ordinances and rules without favoring themselves or owned providers.
Adds definitions for “public provider,” “public‑private partnership provider,” “cooperatively organized provider,” and clarifies “state or local entity.”
Includes a savings clause stating the new protections do not exempt these providers from other applicable federal or state telecommunications laws.

Legislative Activity

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3 earlier actions

HouseIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR E501-502)

May 11, 2021

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HouseIntro Referral

Introduced in House

March 8, 2021

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

March 8, 2021

HouseCommittee

Referred to the Subcommittee on Communications and Technology.

Communications and Technology Subcommittee

March 9, 2021

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E501-502)

May 11, 2021

Floor Debate

1 member

What members said about H.R. 1631 on the floor

1 Democrat

Rep. Anna G. EshooD-CA-18 · May 11, 2021

Madam Speaker, I'm proud to sponsor H.R. 1631, the Community Broadband Act, a bicameral bill that empowers communities in every state to bridge the digital divide by deploying their own local…

Madam Speaker, I'm proud to sponsor H.R. 1631, the Community Broadband Act, a bicameral bill that empowers communities in every state to bridge the digital divide by deploying their own local broadband networks.

Tens of millions of Americans lack access to broadband or can't afford it. This digital divide is a national embarrassment, and we must do everything we can to solve it. One part of the solution should be community broadband, a proven model that works to provide fast broadband at affordable speeds to millions of Americans today.

Over 900 municipalities, Tribes, co-ops, public-private partnerships, and nonprofits across the U.S. administer broadband networks in their own communities. These are communities in urban, suburban, rural, and Tribal regions of our country spanning 120 Congressional Districts.

Unfortunately, 22 states have enacted laws to limit or ban such networks. These state laws shield incumbents from competition and harm consumers. Importantly, research by New America's Open Technology Institute shows that community broadband produces higher quality service at lower costs.

For this reason, Senator Cory Booker, Representative Jared Golden, and I introduced the Community Broadband Act which preempts protectionist state laws to enable community broadband. The Community Broadband Act was originally introduced in the 109th Congress by Senators Lautenberg and McCain, and I've been proud to carry this legislation with Senator Booker since the 114th Congress.

The Community Broadband Act is supported by a long list of well- respected organizations, including the National League of Cities; the National Association of Counties; Next Century Cities; the Southern California Tribal Chairmen's Association; National Urban League; Consumer Reports; Electronic Frontier Foundation; New America's Open Technology Institute; Public Knowledge; Free Press Action; the Center for Democracy & Technology; Access Now; the National Digital Inclusion Alliance; National Rural Electric Cooperative Association; the Utilities Technology Council; the Institute for Local Self-Reliance; and the Coalition for Local Internet Choice.

Last Congress, the House passed the Community Broadband Act as part of H.R. 2, the Moving Forward Act. The legislation is included in H.R. 1783, Majority Whip Clyburn's Accessible, Affordable Internet for All Act and H.R. 1848, the Energy and Commerce Committee's LIFT America Act, and I thank Whip Clyburn and Chairman Pallone for including my legislation in theirs.

I'm also very pleased that the Biden-Harris Administration's American Jobs Plan proposal includes the need for ``lifting barriers that prevent municipally-owned or affiliated providers and rural electric co-ops from competing on an even playing field with private providers,'' which can be achieved by enacting the Community Broadband Act.

At a recent hearing of the Energy and Commerce Committee's Subcommittee on Communications and Technology, three witnesses made a strong case for the importance of community broadband, and each endorsed the Community Broadband Act. They testified about successful networks of many types that I wish to recognize as well:

The City of Wilson, North Carolina, operates a successful fiber-to- the-home network for its residents. The City of San Rafael, California partnered with a nonprofit to develop a mesh network to provide free wi-fi to residents. EugNet is an open-access network in Eugene, Oregon that has experienced major societal returns to their investment in a community network. The Navajo Tribal Utility Authority is a highly successful Tribal broadband network. The City of Lafayette, Louisiana launched LUS Fiber to offer affordable, high-speed broadband for all of its residents. The City of Chattanooga, Tennessee, invested in a fiber network in 2009. That network isn't just economically viable, it turns a profit for the city even after offering low prices.

I also wish to recognize two community networks in my California's 18th Congressional District. A group of residents of the City of Los Altos Hills formed a mutual benefit organization called the Los Altos Hills Community Fiber Association to offer high-speed internet where other fiber options are sparse. The City of Palo was a pioneer when it became one of the first cities in our country to deploy a dark fiber network in 1996. This has enabled high-quality

connectivity for countless businesses. Residents are now organizing to expand this network for fiber-to-the-home offerings.

Madam Speaker, I urge my colleagues to support H.R. 1631 and urge the House to pass this legislation swiftly.

Bill Text

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Introduced in HouseIssued March 8, 2021

117th CONGRESS

1st Session

H. R. 1631

IN THE HOUSE OF REPRESENTATIVES

March 8, 2021

Ms. Eshoo (for herself, Mr. Golden, Mr. Neal, Ms. Pingree, Ms. Norton, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Telecommunications Act of 1996 to preserve and protect the ability of State and local governments, public-private partnerships, and cooperatives to provide broadband services.

Short title

This Act may be cited as the Community Broadband Act of 2021.

State, local, public-private partnership, and co-op broadband services

Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) is amended—

(1)

by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following:

(d)

State, local, public-Private partnership, and co-Op advanced telecommunications capability and services

(1)

In general

No State statute, regulation, or other State legal requirement may prohibit or have the effect of prohibiting any public provider, public-private partnership provider, or cooperatively organized provider from providing, to any person or any public or private entity, advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by such provider.

(2)

Antidiscrimination safeguards

(A)

Public providers

To the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, such public provider shall apply its ordinances and rules without discrimination in favor of itself or any provider that it owns of services that utilize advanced telecommunications capability.

(B)

Public-private partnership providers

To the extent any State or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, such State or local entity shall apply its ordinances and rules without discrimination in favor of such public-private partnership provider or any provider that such State or local entity or public-private partnership provider owns of services that utilize advanced telecommunications capability.

(3)

Savings clause

Nothing in this subsection shall exempt a public provider, public-private partnership provider, or cooperatively organized provider from any Federal or State telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability.

; and

(2)

in subsection (e), as redesignated—

(A)

in the matter preceding paragraph (1), by striking this subsection and inserting this section;

(B)

by redesignating paragraph (2) as paragraph (3);

(C)

by inserting after paragraph (1) the following:

(2)

Cooperatively organized provider

The term cooperatively organized provider means an entity that is treated as a cooperative under Federal tax law and that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.

; and

(D)

by adding at the end the following:

(4)

Public provider

The term public provider means a State or local entity that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.

(5)

Public-private partnership provider

The term public-private partnership provider means a public-private partnership, between a State or local entity and a private entity, that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.

(6)

State or local entity

The term State or local entity means a State or political subdivision thereof, any agency, authority, or instrumentality of a State or political subdivision thereof, or an Indian Tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))).