Federal Communications Commissioner Mignon Clyburn had choice words today for cable industry backed legislation in North Carolina that would slow new municipal broadband projects down to a crawl in that state. The bill in question is named the "Level Playing Field/Local Gov't Competition" act.

"This piece of legislation certainly sounds goal-worthy, an innocuous proposition, but do not let the title fool you," Clyburn warned.

This measure, if enacted, will not only fail to level the playing field; it will discourage municipal governments from addressing deployment in communities where the private sector has failed to meet broadband service needs. In other words, it will be a significant barrier to broadband deployment and may impede local efforts to promote economic development.

The proposed law passed North Carolina's House of Representatives last week, and is now being considered by the Senate. The bill bars new municipal ISP projects from pricing their services too low or selling broadband to residents in neighboring municipalities.

Democrat Clyburn comes from South Carolina, where she served on that state's Public Service Commission. Her commentary noted that South Carolina is considering similar legislation, as is Arkansas (numerous other states have already imposed restrictions). The FCC's National Broadband Plan urges Congress to make clear that "state, regional and local governments can build broadband networks."

"I remain concerned that when cities and local governments are prohibited from investing directly in their own broadband networks, citizens may be denied the opportunity to connect with their nation and improve their lives," Clyburn's protest concludes. "Local economies will suffer as a result, and the communities' ability to effectively address education, health, public safety, and other social issues will be severely hampered."

The North Carolina bill is now in the Senate's Judiciary Committee.