said by kontos:
They can wire the buildings, but they can't offer the service to "subscribers." Sounds to me like they can provide access, they just can't charge for it.
I don't know how wiring a building would not be considered part of "construct", "own", or "operate" in section (b). Section (c) makes no mention of monetary charges.
But going with your logic, a city could roll out all the infrastructure and pay for it with bonds, then lease the infrastructure to a co op or some other non-governmental agency. The city wouldn't be paying for or providing a broadband service any more then a telephone pole owner pays for or provides power or phone service.
Alternate loophole: find two localities of equal size that want broadband access. Each raises tax revenues but pays for the opposite municipality's bill. Tax revenues weren't raise within its jurisdiction, they were raised in another. Yeah I know, I'm reaching.