Do communities have the right to provide all their neighborhoods with affordable high-speed Internet access? As more and more communities have realized that wireless technologies make it possible for them to help the broadband have-nots, the "last mile" cable and phone giants have fought back by flexing their political muscle. The most notorious example is the lobbying efforts by Verizon over Philadelphia's citywide WiFi project, which resulted in a law that prevents other Pennsylvania cities from offering community Internet services of their own. But similar legislation has been introduced in many other states and some restrictions on municipal broadband enacted.

A bill that comes very close to an outright ban on communities offering Internet services to their residents has been introduced in Congress. H.R. 2726, the "Preserving Innovation in Telecom Act of 2005," was introduced in the House by Representative Pete Sessions (R-TX), who just so happens to be a former employee of SBC. If enacted, the bill would prohibit any state or local government from providing any telecommunications service "in any geographic area within its jurisdiction" in which a corporation is offering a substantially similar service.

In the Senate, however, a very different bill has been introduced by Senators John McCain (R-AZ) and Frank Lautenberg (D-NJ). S. 1294, the "Community Broadband Act of 2005," is designed to "preserve and protect the ability of local governments to provide broadband capability and services." It would preempt state laws that prohibit local governments from offering advanced telecommunications capabilities while requiring that such a "public provider" must follow all the same rules and regulations that apply to private entities in that jurisdiction.

Both of these bills were introduced before Hurricane Katrina came along and demonstrated not only how big the divide between the haves and have-nots really is but also how important wireless networks are going to be for the future of any community. So perhaps we can hope that Congress is going to recognize on its own which of these approaches is necessary now. But it would be best not to count on that. At Consumers Union's Hear Us Now site you can find out how to tell Congress you support S. 1294 and how to tell your state legislators not to enact restrictions on municipal broadband services. Or the Community Internet page for Free Press has instructions on how to call your Senators in support of S. 1294 and write your congressmen to oppose H.R. 2726. Take a moment to help preserve your community's right to decide its own digital future.