Can't speak for California law, but in NC, when a local municipality set up its own fiber network, they were sued by ... Time Warner Cable (IIRC) on the grounds that cities can't use public funds to 'compete' with private companies. To add insult to injury, they were mostly looking to manage their own fiber network to serve their citizens because TWC had said "no, we're not going to support your region, because it's not profitable". So... it's not profitable for a private company, and public orgs can't compete with private companies..... so... take a hike?