Sec. 4. Preemption of State and local restrictions on municipal broadband
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/bill/117/s/2071/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by adding at the end the following: In this section— the term advanced telecommunications capability has the meaning given the term in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) ); the term advanced telecommunications capability or services means— advanced telecommunications capability; or services using advanced telecommunications capability; the term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and the term public provider means— a State or political subdivision thereof; any agency, authority, or instrumentality of a State or political subdivision thereof, including an intergovernmental agency, authority, or instrumentality; an Indian Tribe; or any entity that is owned by, controlled by, or otherwise affiliated with— a State or political subdivision thereof; an agency, authority, or instrumentality of a State or political subdivision thereof, including an intergovernmental agency, authority, or instrumentality; or an Indian Tribe.
No statute, regulation, or other legal requirement of a State or political subdivision thereof may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from— providing telecommunications services or advanced telecommunications capability or services to any person or any public or private entity; or deploying a network and infrastructure used to provide services, or capability and services, described in paragraph (1). .
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Sec. 4
Preemption of State and local restrictions on municipal broadband
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