Community Broadband Act of 2023

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. 1. Short title This Act may be cited as the Community Broadband Act of 2023 2. State, local, public-private partnership, and co-op broadband services Section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 (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 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 ; and (D) by adding at the end the following: (4) Public provider The term public provider (5) Public-private partnership provider The term public-private partnership provider (6) State or local entity The term State or local entity 25 U.S.C. 5304(e) .

Summary: Community Broadband Act of 2023 This bill prohibits states from blocking the provision of broadband by public providers, public-private partnership providers, or cooperatively organized providers. Further, public providers and state or local entities participating in a partnership must administer applicable ordinances and rules without discrimination against competing private providers.