Tennessee has become the first state to pose a legal challenge to the FCC's move to overturn a state law that puts a limit on how far a municipal-run service provider can grow its network.
In yet another 3-2 vote across party lines, the FCC voted Thursday to override state laws in North Carolina and Tennessee that restrict local governments from expanding the reach of their municipal broadband networks outside their jurisdiction.
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, a move that could drive other states to act, as well as potential court challenges.
A group of 43 municipal broadband providers are asking the FCC to exempt them from being included with large incumbent telcos and wireless operators as being common carriers under Title II of the Communications Act of 1934.
Lafayette, La., the operator of the LUS Fiber municipal broadband network, is the next city considering a move to petition the FCC to overturn anti-municipal broadband laws.
FCC Chairman Tom Wheeler is gearing up for a battle with state legislators in Tennessee and North Carolina with plans to circulate a draft decision to overturn anti-municipal broadband laws in both states, reports The Washington Post, citing a senior agency official.
A call made by President Barack Obama to the FCC asking the FCC to overturn a series of existing 20 existing state laws that either prohibit or outright ban cities and towns from building and operating their own broadband network businesses will face a number of legal challenges.
Three Democratic Senators have developed a new bill to overturn existing state laws banning or restricting cities and towns from building their own broadband networks. The bill, called the Community Broadband Act, was jointly developed by Sens. Cory Booker (D-NJ), Edward Markey (D-MA) and Claire McCaskill (D-MO). FierceTelecom has a complete breakdown of the news here.
A trio of Democratic Senators has developed a new bill called the Community Broadband Act that is designed to overturn existing state laws that ban or restrict cities and towns from building their own broadband networks.
The FCC plans to vote in February on petitions filed by Chattanooga, Tenn., and Wilson, N.C., over whether they should repeal state laws that either prohibit or limit a city or town's ability to build their own broadband networks, but it's clear that the commission's stance on the proposal is anything but equal.