This has nothing to do with "banning municipal broadband" today, and everything to do with not granting a power at the Fed level that would let a future FCC in 1-2 election cycles do exactly that.
"If the history of American politics teaches us anything, it is that one political party will not remain in power for perpetuity. At some point, to quote Sam Cooke, 'a change is gonna come,'" Berry said. "And that change could come a little more than two years from now. So those who are potential supporters of the current FCC interpreting Section 706 [of the Telecommunications Act] to give the Commission the authority to preempt state laws about municipal broadband should think long and hard about what a future FCC might do with that power."
Arguing that municipal broadband networks could discourage investment by private companies, Berry said, "Itâ(TM)s not hard, then, to imagine a future FCC concluding that taxpayer-funded, municipal broadband projects themselves are barriers to infrastructure investment. So if the current FCC were successful in preempting state and local laws under Section 706, what would stop a future FCC from using Section 706 to forbid states and localities from constructing any future broadband projects? Nothing that I can see."