Pennsylvania: Local governments are required to get permission from the local telephone company prior to investing in a network or partnership. This is literally the language of the statute:
“A political subdivision may offer advanced or broadband services if the political subdivision has submitted a written request for the deployment of such service to the local exchange telecommunications company serving the area and, within two months of receipt of the request, the local exchange telecommunications company or one of its affiliates has not agreed to provide the data speeds requested. If the local exchange telecommunications company or one of its affiliates agrees to provide the data speeds requested, then it must do so within 14 months of receipt of the request.”
Communities cannot consider factors such as whether the incumbent service is affordable, available to everyone, or reliable.