In a large minority of states, they can't. In North Carolina, Arkansas, Missouri, Nebraska, Texas, and 16 other states[1], state law prohibits any form of muni

In a large minority of states, they can't. In North Carolina, Arkansas, Missouri, Nebraska, Texas, and 16 other states[1], state law prohibits any form of municipal broadband, including acting as a common carrier. The reasoning is that municipal networks can be (but usually aren't) funded by local tax dollars so it represents a theoretically unfair advantage relative to private corporations. I find that reasoning specious especially considering I can look out my window in Texas and see a city water tower standing right alongside a private water supply company's tower, yet both departments are funded solely by ratepayers, not out of a general tax fund. 1: http://www.gwlr.org/wp-content/uploads/2013/03/Stricker1.pdf http://www.gwlr.org/wp-content/uploads/2013/03/Stricker1.pdf