About 96% of U.S. adults depend on the internet for work, telehealth care and remote learning. But high-quality, high-speed internet service remains unavailable or inadequate in many parts of the country.
States are taking steps to deploy broadband in areas currently lacking access using federal grant money through the Broadband Equity, Access and Deployment Program, known as BEAD.
NCSL tracked at least 600 broadband bills in nine categories in the 2024 legislative sessions, with 39 states and Puerto Rico enacting more than 100 bills and resolutions. NCSL found three legislative trends rising to the top in last year’s enactments: state funding and tax incentives; infrastructure; and preparation for receiving BEAD funding.
2024 Enactments
State Funding Programs and Tax Incentives
Legislation expanding access to broadband through funding initiatives or tax incentives for broadband-related materials dominated broadband legislation in 2024, with 76 enacted bills in 35 states.
Eight states funded new programs to expand broadband access. West Virginia created a program (SB 2035) to provide loan insurance for broadband providers to help finance expansion in underserved areas. The program ensures repayment of loans taken by eligible providers for broadband infrastructure projects. Massachusetts’ Future Tech Act (HB 4889) made a range of investments in IT and cybersecurity, allocating $30 million for a competitive matching grant program to assist municipalities and tribal governments in building fiber broadband infrastructure and related projects with priority placed on grants for completely unserved premises.
Twelve enactments relate to tax incentives to help encourage broadband access expansion. Missouri (SB 872) exempted from taxes any federal, state and local grant money used for expanding broadband access to underserved areas. South Carolina (SB 4087) exempted grants received from certain federal broadband expansion programs from corporate taxable income.
Infrastructure: Pole Attachments and Rights-of-Way
Twenty-seven states enacted legislation related to broadband infrastructure regulation, including permitting, pole attachments and rights-of-way.
Six bills and resolutions clarified the rights, privileges and compensation associated with adding broadband equipment to poles owned or maintained by others, including utility companies. Virginia (HB 800 and SB 713) outlined the process for utilities handling new pole attachment requests from broadband providers, including timelines for and cost estimates. Kentucky (SJR 175) directed its Public Service Commission to promulgate emergency administrative regulations on utility pole attachments to remove unreasonable impediments and directed utilities that own poles to file new tariffs if necessary to conform with the commission’s regulations.
Regarding rights-of-way, Illinois (SB 3173) allowed a county to grant private entities access to broadband infrastructure to facilitate the delivery of broadband services on the condition that the lease be granted on a nondiscriminatory basis. Kansas (HB 2588) granted telecom and broadband providers access to county public rights-of-way while limiting certain county fees.
Preparations for Receiving BEAD Funding
At least five states enacted bills related to the implementation of BEAD money. Utah (SB 84) created a state Broadband Equity Access and Deployment Grant Program to apply for federal funds, administer subgrants and ensure compliance with federal BEAD requirements. Georgia (SB 344) allowed corporations to subtract from taxable income grants received from the federal BEAD program for broadband infrastructure investments. Wyoming (HB 71) authorized the use of state funds to match federal broadband grants provided by BEAD. It allowed up to $300,000 to cover the Wyoming Business Council’s administrative costs related to broadband development.
2025 Trends
Broadband continues to rank as a top legislative priority, with at least 300 bills and resolutions pending in 44 states this year. The three trending topic areas are infrastructure and permitting, reorganizing state broadband authorities, and state funding programs and tax incentives.
Infrastructure and Permitting
At least 100 bills pending in 36 states would regulate broadband infrastructure; many of them would streamline the permitting processes to accelerate the deployment of broadband expansion initiatives. Colorado HB 1056 would declare broadband infrastructure a matter of statewide concern, set deadlines for local government approval of wireless service facility siting and collocation applications, and limit local restrictions on modifications. Idaho HB 180 would set deadlines for local government approval and establish automatic approval if deadlines are missed. West Virginia HB 2392 would allow a single unified application and cap permitting fees for broadband installations in highway rights-of-way that span multiple districts.
At least 13 introduced bills address pole attachment regulations. The previously mentioned Idaho HB 180 would also task the Public Utilities Commission with resolving disputes between utilities and broadband providers over pole attachment rates, with a focus on ensuring the utility can recover its costs. Another example is New York SB 2355, which would prevent pole owners from requiring broadband internet providers to obtain a certificate of public convenience and necessity for attaching equipment to utility poles.
Reorganizing or Adding Broadband Governance Authorities
So far this year, 26 states have introduced 62 bills related to state broadband offices, authorities, task forces, working groups, etc. Most would reorganize existing offices, while nine bills would create new authorities. Hawaii HB 934 would transfer the state Broadband and Digital Equity Office to the Office of Enterprise Technology Services in the Department of Accounting and General Services. Oklahoma HB 2293 would bring the state broadband office under the state Department of Commerce and eliminate the council that currently oversees the office. Similarly, Nebraska LB 346 would eliminate the Rural Broadband Task Force, which advises the state’s broadband office on time-sensitive program implementation such as the Universal Service Fund.
New Jersey AB 1398 would establish a new office in the Economic Development Authority to assist in the provision of broadband services. Arizona SB 1661 would allow for the creation of Broadband Service District Authorities to facilitate broadband deployment at smaller scales in each district.
State Funding Programs and Tax Incentives
At least 109 bills have been introduced in 29 states to address broadband funding programs. Under this umbrella, the two most common trends are establishing tax incentives on broadband equipment and creating or funding new state initiatives separate from federal BEAD funding to facilitate broadband expansion.
At least 20 introduced bills would create tax incentives for broadband equipment. Arkansas HB 1469 would create a new sales and use tax exemption; Minnesota HB 175 would provide a tax exemption for fiber and conduit equipment; and Oklahoma HB 2447 would provide a 25% income tax credit for the cost of qualified broadband telecommunications infrastructure.
Additionally, over a dozen bills would create and fund new state programs to expand broadband access. Hawaii SB 1045 would create a State Broadband Infrastructure Special Fund for renewing and upgrading infrastructure. Florida HB 1579 would create a state-funded grant program to finance broadband infrastructure projects in underserved farming communities, and Maryland HB 1553 would require broadband providers to establish a program to provide broadband services to eligible low-income consumers at certain prices depending on speed.
For more information on enacted and pending measures, visit NCSL’s Broadband Legislation Database and NCSL’s Broadband Policy Toolkit.
Jackson Littlewood is a policy analyst with NCSL’s Financial Services, Technology and Communications Program.