Powering Connectivity: How State Legislatures Shaped Broadband in 2025

Powering Connectivity: How State Legislatures Shaped Broadband in 2025

Efforts continue to reduce the divide between the households that have access to broadband service in their homes and those that do not.

Thieves targeting cell towers and other communications equipment often are looking for copper wiring or expensive equipment such as industrial routers they can sell online. States have responded by including broadband and communications infrastructure in the definition of "critical infrastructure." (adamkaz/Getty Images)

While the internet has become an essential part of many Americans' daily lives, some people in rural and underserved communities still lack access to high-speed broadband and the digital skills necessary to use it.

Historic investments such as the Broadband Equity Access and Deployment, or BEAD, program present opportunities for states to move closer to universal connectivity. But uncertainty around federal changes to these programs and challenges such as infrastructure regulation can be barriers to deployment.

This year, state legislatures continued efforts to close the digital divide, which the Pew Research Center defines as the gap between the 78% of households that have access to broadband service in their homes and the remainder that do not. NCSL tracked more than 600 broadband bills from 51 states and territories in 2025, with 45 states and territories enacting 139 bills and resolutions on the topic. NCSL saw trends in four key sectors of broadband policy: infrastructure regulation, critical infrastructure protections, state broadband funding, and assistance for rural and low-income communities.

Infrastructure Regulation

Infrastructure regulation was the most prolific category of broadband legislation in 2025, with 44 states and territories enacting 70 of the 278 bills introduced on the topic. Infrastructure regulation includes the rules governing the equipment broadband providers attach to utility poles. Pole attachments require approval from utility pole owners and regulatory authorities.

• Idaho (HB 180) required public utilities to allow space on poles for broadband, cable and telecommunications equipment and allowed the Idaho Public Utilities Commission to mediate if parties cannot agree on rates, conditions and timing.
• Indiana (SB 502) similarly set standards for pole attachments related to the federal BEAD program in the state, including setting a timeline for mediation.
• Maine (HB 559) expanded municipal authority over pole attachments by lowering the minimum population required for a municipality being eligible to revoke pole locations for public safety or welfare purposes.

States also took action to simplify the permitting process for wireless facilities. Colorado (HB 1056) and West Virginia (HB 3144) set automatic approval processes for applications that meet certain conditions, and prevented local governments from requiring permits for minor modifications to wireless facilities.

Critical Infrastructure Protections

Due to a substantial increase in the theft and vandalism of broadband and telecommunications infrastructure, lawmakers have expanded protections for vital communications equipment. The most common legislative approach in 2025 was to include broadband and communications infrastructure in the definition of "critical infrastructure," given that many states have laws with heightened penalties for damaging other critical utilities structures and equipment. This includes legislation in Alabama (SB 54), Iowa (HB 879), Kansas (HB 2061), Kentucky (SB 64), Louisiana (SB 22), Montana (HB 257) and West Virginia (HB 3504).

Another approach increased the penalties for trespassing on telecommunications property or vandalizing or stealing equipment. The previously mentioned Louisiana and West Virginia bills did this, with the former including a fine of up to $50,000 and 20 years in prison for stealing critical infrastructure, depending on the financial damage and whether human life was threatened, and the latter including up to a $10,000 fine and five years in prison for damaging critical infrastructure. Similarly, Oklahoma (HB 2104) and Texas (SB 1646) categorized damaging communications infrastructure as felonies.

State Broadband Funding

States are counting on funding from the federal BEAD program to fill gaps in broadband deployment. But uncertainty about the release of these funds and the impact of recent changes to the program, has led states to create their own funding mechanisms.

• Hawaii (HB 934) established a revolving fund that combines money from state appropriations, state leases on broadband infrastructure and private donations to support infrastructure deployment, affordability programs and technical assistance.
• Colorado (SB 81) created the Colorado Building Urgent Infrastructure and Leveraging Dollars (BUILD) Authority to fund critical infrastructure, including broadband projects. The authority can issue bonds and create revolving funds as well as leverage funding from the federal government and private sources to pay for these projects.
• Montana (HB 650) authorized municipalities and counties to issue bonds to fund broadband projects in unserved and underserved areas or in locations where broadband is available only by satellite technologies.
• West Virginia (SB 907) created a development fund to finance major infrastructure projects, including broadband. The fund includes an annual $25 million incentive for providers to participate in federal broadband programs like BEAD, as well as $125 million annually to provide loan insurance to eligible broadband providers.

Help for Rural and Low-Income Consumers

The federal Universal Service Fund and Lifeline program use fees paid by telecom carriers to ensure affordable access to essential communications services for underserved populations. Some states have their own versions of these programs to boost federal efforts. Lifeline programs typically provide discounts on phone and internet services for low-income households, while USFs support connectivity initiatives like rural broadband and accessibility services. The 2025 session saw several examples of state legislation in this area.

• New Hampshire (HB 627) allowed the Public Utilities Commission to approve new providers for the state's Lifeline program.
• New Mexico (SB 126) increased the appropriation to the state Rural Universal Service Fund from $30 million to $40 million.
• Oregon (HB 3148) increased the state's Lifeline subsidy and added up to $100 for devices such as desktops and laptops.
• Wyoming (SB 51) increased the price benchmark for the state's USF from $30 to $35. The benchmark represents the maximum monthly rate for local service that is considered affordable; prices above that amount are eligible for USF support. The bill also required the Public Service Commission to periodically review the benchmark price.

Looking Ahead to 2026

States may face continued uncertainties over federal broadband policy in 2026. One area of interest: BEAD non-deployment funds. This money, which remains after infrastructure deployment funds have been allocated, could be used for workforce development, mapping and other broadband activities. Another federal development to follow will be congressional efforts to modernize the Universal Service Fund. Infrastructure issues such as permitting and pole attachments likely will see continued state action in the new year, especially as BEAD implementation progresses.

As states receive notification that their broadband plans have been approved, they will need to work to comply with a new federal requirement for states to approve or deny applications submitted by subgrantees within 90 days "to the extent permitted by state law." Plus, states will need to work to meet the BEAD program's statutory four-year construction deadline.

Finally, as AI and data centers utilize broadband infrastructure, state legislators may continue to introduce legislation relating to the facilities' energy, environmental and economic development issues.

Jackson Littlewood is a policy analyst in NCSL's Financial Services, Technology and Communications Program.