According to Broadband Reports, a bill is being considered by the Pennsylvania legislature that would make it virtually impossible for communities in that state to use stimulus funds for any kind of broadband infrastructure--even in areas that are unserved or underserved by incumbents.
Part of this is just poor information gathering by legislative staff, since there are myriad ways to structure community investments in broadband to benefit the private sector. Design Nine has been helping communities do this for years, and it is straightforward to create win/win situations that allow local governments to make targeted investments that create private sector job and business opportunities.