This Is the Way: Local Franchising to Ensure Equal Access to Broadband

Summary

The need for equal access to broadband is not controversial. What’s needed now is a clear path to achieve it. Municipal franchising is that path. Cities with home rule or statutory authority should act on that authority. Others should pursue legislative change if necessary. Communities that fail to secure this authority risk being left behind and their residents harmed.

Earlier this year my article, “This is the Way: Equal Access to Broadband Through Municipal Franchising,” was published in Municipal Lawyer (Jan/Feb 2025). Many of the concepts from that article are captured here.

As billions of federal and state dollars are allocated to broadband infrastructure, the question arises: How can we ensure equal access for all residents?

The answer is both time-tested and forward-thinking: municipal broadband franchising.

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The Case for Local Franchising

Franchising gives municipalities the legal authority to manage their public rights-of-way and negotiate enforceable agreements with private broadband providers. This is not a new idea—cities have used cable franchising for decades to deliver area-wide service, public benefits, and strong consumer protections.

Broadband is simply the next chapter.

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Federal Regulation Clarified

The FCC has attempted to assert broader regulatory authority over broadband, including recent efforts to reclassify broadband as a Title II telecommunications service. However, in January 2025, the Sixth Circuit rejected that reclassification, meaning that broadband is not a telecommunications service under federal law. Instead, broadband is a Title I information service subject to local franchising if it is allowed under stated and local laws.

This legal reality reinforces a crucial point: local governments are best positioned to protect the public interest when it comes to broadband. The Communications Act does not preempt local franchising, and states retain sovereign authority over their rights-of-way. Local governments should carefully explore what authority they have to franchise broadband providers given the new clarity over its classification under federal law. If necessary, local governments should consider seeking legislative changes to clarify franchising authority.

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Broadband Franchising Works

Franchising broadband providers offers clear, community-focused benefits. Depending on municipal authority, these benefits can include:

✅ Equitable Buildout

Cities can require providers to build out their networks citywide—ensuring all neighborhoods, including underserved and low-income areas, receive the same quality of service.

✅ Customer Service Standards

Franchise agreements can mandate local contact support, response timelines, and fair billing practices. This empowers residents with real accountability.

✅ Public Benefits

Franchises support PEG programming, digital inclusion initiatives, and access to technology training and facilities.

✅ Long-Term Oversight

With over $42 billion in federal broadband grants being distributed, franchising ensures that this public investment is protected for the long haul.

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A Legislative Blueprint: Minnesota’s Equal Access to Broadband Act

In 2024, Minnesota introduced legislation to clarify municipal broadband franchising authority. Though the bill didn’t pass, it gained substantial support.

Despite industry pushback citing unfounded fears about fees and service delays, the bill demonstrated how cities can—and should—demand equitable treatment for their residents when broadband providers use public resources for private gain.

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Franchising Is the Future

The need for equal access to broadband is not controversial. What’s needed now is a clear path to achieve it. Municipal franchising is that path.

Cities with home rule or statutory authority should act on that authority. Others should pursue legislative change if necessary. Communities that fail to secure this authority risk being left behind and their residents harmed.

This is the way—to equal broadband access, community accountability, and long-term protection for the public interest.

For a deeper dive into broadband franchising, see my article, “This is the Way: Equal Access to Broadband Through Municipal Franchising,” published in Municipal Lawyer (Jan/Feb 2025).

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⚖️ About the Author

Michael R. Bradley is a partner of Bradley Werner, LLC, a law firm focused on municipal telecommunications. He has more than 30 years of experience representing local governments in cable franchising, broadband policy, and regulatory litigation, and has testified and litigated in state and federal venues nationwide.

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📞 Contact Us

Want to learn more about how your city can implement broadband franchising or draft enabling legislation?
Contact Bradley Werner, LLC today.