The fight between Republicans and Democrats over whether states should be allowed to ban or restrict municipal broadband projects continued today with Democrats unveiling legislation that would overturn the state laws.

President Obama recently called for an end to laws in 19 states that make it difficult or impossible for cities and towns to offer Internet service to residents, protecting private Internet service providers from competition. The Community Broadband Act unveiled today by Sens. Cory Booker (D-NJ), Edward Markey (D-MA), and Claire McCaskill (D-MO) would achieve that goal.

"No statute, regulation, or other legal requirement of a State or local government may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from providing telecommunications service or advanced telecommunications capability or services to any person or any public or private entity," the bill says.

"Barriers at the state level are preventing communities from developing local solutions when there is little or no choice in their Internet service provider,” Markey said in the senators' announcement. “This legislation will support the ability of cities to decide for themselves whether or not they would like to build their own broadband networks and provide community members with high speed Internet service."

“Folks in small towns and rural communities should have the same access as everyone else to the Internet, and the jobs and business opportunities it brings,” McCaskill said. “Large Internet providers too often aren’t willing to offer service in rural America, so this bill ensures local communities can come together to provide their residents with access to the opportunities high-speed broadband offers.”

While the bill stands little chance because of Congress' Republican majority, the Federal Communications Commission is already considering whether to preempt the state laws using authority it has to accelerate deployment of broadband "by removing barriers to infrastructure investment." That effort led Republicans to propose legislation that would wipe out the FCC's authority, but even if it passes Obama is likely to veto the bill. That leaves the FCC's decision, which could come on February 26, and any resulting legal challenges to sort out the matter.

The FCC vote will address laws in only two states, North Carolina and Tennessee. Communities in other states could petition the FCC to remove barriers in the future.