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IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy to fg8578

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to fg8578

Re: FCC should preempt muni-fiber bans

I wonder if that same rule you mentioned could also be used to challenge state bans on muni fiber in federal court since the FCC did not grant the states the authority to regulate muni fiber.

fg8578
join:2009-04-26
San Antonio, TX

fg8578

Member

said by IowaCowboy:

I wonder if that same rule you mentioned could also be used to challenge state bans on muni fiber in federal court since the FCC did not grant the states the authority to regulate muni fiber.

Good question, for which I have no answer.

But I suspect the FCC won't be willing to try such a lawsuit. It's one thing for the FCC itself to preempt state law on the basis of Section 706, quite another to sue in court to overturn those laws. While the two would give the same result, and on its face don't seem that different, in fact they are very different. It's the difference between the FCC doing something on its own vs. suing in court.

Not sure they have the stomach for the latter.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy

Premium Member

I wonder if supporters of muni broadband could also file suit.

fg8578
join:2009-04-26
San Antonio, TX

fg8578

Member

said by IowaCowboy:

I wonder if supporters of muni broadband could also file suit.

I suppose there is nothing stopping them from doing so. But filing and winning are two different things.

And there is the issue of "standing". The law specifically gives the FCC and the states the right and the authority to remove barriers to broadband investment. Citizens aren't mentioned.

So it isn't clear to me that the law gives citizens the right to sue, but then again, IANAL, so don't take my word for it.
ITGeeks
join:2014-04-20
Cleveland, OH

ITGeeks to IowaCowboy

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to IowaCowboy
This isn't about regulating fiber. It's about the state keeping local munis from being companies and putting a new tax on the public to pay for these networks.