The two states that ban ATM charges, Iowa and Connecticut, are defending their laws in court. A judge in Connecticut recently ruled that state bans on ATM fees are illegal, because national banks come under federal jurisdiction. The Connecticut case is on appeal. The Connecticut court decision, however, may give them pause. There are indeed two fees, but they're levied for two different services.
Most networks are joint ventures among banks.
But ATMs don't appear to be big profit centers. Golinger thinks that ATM fees reduce competition. Big banks with many ATMs might decide to run fees up. That might push small-bank customers into the arms of the big banks' ATMs, so they can use those ATMs free. But small banks, in general, charge lower fees for all banking services than big banks do.