An organization that tries to convince state legislatures to impose limits on municipal broadband sent a cease-and-desist letter to one of its critics that is refusing to stay quiet.

The fight is happening between the American Legislative Exchange Council (ALEC) and Credo Action. ALEC opposes municipal broadband projects and writes model legislation that limits the authority of cities and towns to build their own telecommunications networks. About 20 states have passed such laws.

Credo Action is the advocacy arm of cellular phone company Credo Mobile, whose revenue funds its advocacy. Credo lobbied the Federal Communications Commission to preempt state laws that limit municipal broadband, criticizing ALEC along the way.

In a petition titled, "Stop AT&T, Verizon and Comcast from blocking fast and affordable Internet access," Credo wrote, "Imagine having affordable, lightning-fast Internet access at your home that is 50-100 times faster than the national average. That could soon be a reality, but the shadowy American Legislative Exchange Council is working to make sure it never happens."

While ALEC's model legislation limits, rather than eradicates, local authority to offer broadband service, one of the group's official statements says the local networks should be banned:

Credo's petition came before an FCC vote on February 26 to preempt state laws in North Carolina and Tennessee that prevent municipal broadband providers from expanding outside their territories.

ALEC sent a cease-and-desist letter to Credo on March 5, saying the petition "contains statements that are either purposely false or exhibit reckless disregard for the truth." Credo must "cease making inaccurate statements regarding ALEC, and immediately remove all false or misleading material," or "we will consider any and all necessary legal action to protect ALEC," the group wrote.

Credo responded in a letter it made public today, refusing to back down. We've asked ALEC what it plans to do next, but haven't heard back yet.

ALEC is controversial, and not just for opposing muni broadband

ALEC is controversial for other reasons, including its inaccurate claims that human-created climate change might be "beneficial" and that "a great deal of scientific uncertainty surrounds the nature of these prospective changes." Google and some other tech companies stopped supporting ALEC last year.

Credo's petition noted ALEC's ties to broadband providers, saying:

The American Legislative Exchange Council—a shadowy corporate front group that works to enact discriminatory voter ID laws, weaken gun safety laws and eliminate environmental regulations—is now pressuring state legislatures around the country to ban cities from offering broadband Internet access. ALEC is pushing its anti-municipal broadband agenda through model legislation it has developed, which one municipal broadband advocate described as “the kind of language one would expect to see if the goal is to protect politically powerful cable and telephone company monopolies.” Many perennial funders and members of ALEC, including AT&T, Verizon, Comcast and Time Warner [Cable], stand to gain financially from these state laws because they eliminate the possibility of competition from city-run broadband services.

ALEC's cease-and-desist letter denied Credo's claim that it is "working to make sure" faster broadband networks aren't built.

"ALEC does not lobby state legislatures nor is it registered in any state as a lobbyist employer," the group wrote. "ALEC model policies serve as public policy resources, much like the model state policies or codes of the American Bar Association, National Conference of Commissioners on Uniform State Laws, and advocacy organizations, such as the National Consumer Law Center."

ALEC further said that "Credo Action's false statements directly contradict ALEC's publications. ALEC's model policy on municipal broadband clearly says that it is in favor of affordable and universally available broadband Internet service." The model legislation doesn't ban cities from offering broadband, but instead proposes the requirement of "steps before a municipality may provide cable television or telecommunications or advanced services."

Credo's refusal to comply with the cease-and-desist demand countered that "ALEC's model legislation is designed to promote, among its members who are state legislators, particular policy positions and it is the manifest intent of ALEC to persuade legislators to adopt those particular positions... That ALEC has (arguably) not been required to register as a lobbyist in certain states does not in any way render untrue what ALEC's own actions and statements clearly indicate: ALEC attempts to influence legislative outcomes."

Credo referenced ALEC's own statements about municipal broadband. ALEC's website states:

There is no question that broadband will become as ubiquitous as the traditional household utilities. But does it deserve the same classification as water & sewer, roadways, or school systems, in being provided by the government? A growing number of municipalities are answering “yes” by building their own networks and offering broadband services to their citizens. ALEC disagrees with their answer due to the negative impacts it has on free markets and limited government.

Credo also pointed out that "ALEC's Telecommunications Deregulation Policy Statement goes further in stating that 'Local government provision of wholesale or retail telecom, cable TV, Internet or other broadband services in competition with existing private sector providers should be prohibited.'"

ALEC's advocacy has its intended effect, Credo argued. "As recounted in a 2011 Bloomberg News article, ALEC's model legislation on municipal broadband was the principal reason why cable companies were able to block Lafayette, Louisiana from offering high speed Internet access to its citizens," Credo wrote.

Credo concluded by saying that because the "statements challenged in your letter" are not false or defamatory, Credo is not going to give in to any of ALEC's demands.