The preemption order must accordingly be reversed.” The FCC relies upon § 706 of the Telecommunications Act of 1996 for the authority to preempt in this case, but that statute falls far short of such a clear statement. This preemption by the FCC of the allocation of power between a state and its subdivisions requires at least a clear statement in the authorizing federal legislation. “This is shown by the fact that no federal statute or FCC regulation requires the municipalities to expand or otherwise to act in contravention of the preempted state statutory provisions. “The FCC order essentially serves to re-allocate decision-making power between the states and their municipalities,” the court ruled. In a near-unanimous decision (with some minor dissent from one judge), judges from the Sixth Circuit Court of Appeals found the FCC exceeded their authority.
Phillip Dampier AugCommunity Networks, Competition, Consumer News, EPB Fiber, Greenlight (NC), Public Policy & Gov't, Rural Broadband 4 CommentsĪ federal appeals court has reversed an effort by the Federal Communications Commission to pre-empt state laws restricting municipal broadband expansion in Tennessee and North Carolina, ruling the FCC exceeded its authority by interfering with both states’ rights to define the boundaries where the community broadband networks can and cannot operate.
The fight for rural broadband in Tennessee pits a publicly owned electric utility against Comcast and AT&T and their allies in the state legislature. This is the first part of a series being deployed by organizations and community leaders across the country, from San Francisco to Nashville to Washington, D.C., in an effort to educate stakeholders and catalyze policymaking that elevates the interests of the people over the interests of a handful of corporations. Millions of Americans have been priced out of, or entirely excluded from, the reach of modern internet networks. Maria Smith, an affiliate of the Berkman Klein Center for Internet & Society and Harvard Law School, created Dividing Lines to highlight these stark divides, uncover the complex web of political and economic forces behind them, and challenge audiences to imagine a future in which quality internet access is as ubiquitous as electricity. Internet access, however, is still a luxury good. It is an extension of our social, economic, and political lives. The online world is no longer a distinct world. Phillip Dampier NovemAT&T, Broadband Speed, Comcast/Xfinity, Community Networks, Consumer News, EPB Fiber, Public Policy & Gov't, Rural Broadband, Video Comments Off on VIDEO: Dividing Lines – Dialed Back to Dial-Up in Rural America
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