1. Home
  2. General Telecommunications Forum
  3. FCC ruling overturns state laws preventing municipal broadband expansion [telecom]

FCC ruling overturns state laws preventing municipal broadband expansion [telecom]

By Sean Buckley, FierceTelecom, February 26, 2015

The FCC moved to preempt elements of state laws in North Carolina and Tennessee that were designed to restrict municipal providers in these communities from providing broadband service outside of their current serving areas. This move could drive other states to act and could result in potential court challenges.

The FCC's order was voted 3-2 on party lines, with Commission Chairman Tom Wheeler joined by fellow Democrats Mignon Clyburn and Jessica Rosenworcel. The order will let communities choose whether or not to build their own networks based on their own missions and the ability to expand services to nearby communities.

Municipal broadband has been one of Wheeler's key focus areas. In May, Wheeler made a call to explore the idea of preempting more than 19 state laws that prevent or discourage municipalities from building their own broadband networks.

formatting link

-or-

formatting link

Neal McLain

Reply to
Neal McLain
Loading thread data ...

I'm certain both this and the reclassification of Internet access under Title II will be challenged in court. My bet would be that the reclassification ultimately survives a court challenge, and that this preemption question goes down. Although on the one hand federal law generally trumps state law, municipalities are entirely creatures of state law, and I would be surprised if the courts found that the FCC could authorize a municipality to do something that its sole source of legal authority has forbidden it to do.

-GAWollman

***** Moderator's Note *****

The FCC has preempted local zoning laws which forbid the use of TV antennas, and has even applied the proscription to CC&R deed restrictions and condominium agreements which were written to forbid satellite (and other) TV antennas.

I think the precedent has been set.

Bill Horne Moderator

Reply to
Garrett Wollman

Not relevant, as I thought I explained quite clearly.

The FCC can prohibit the states (and perforce the states' creatures, local governments) from taking certain actions. The FCC cannot give the state the positive authority to do something when the state's own law denies it that power. Preemption can only take away power, it can't grant it -- or so I believe the courts are likely to rule.

-GAWollman

Reply to
Garrett Wollman

Cabling-Design.com Forums website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.