Lawmakers Push Wheeler to Follow Through on Muni Broadband → Re: Authority??

State lobbying created a barrier. This section clearly says they have the authority to take immediate action if it is determined by them to be negative.

Not sure what part you don't agree with there but it appears pretty straight forward when not looking through "industry colored glasses".

What "industry colored glasses" are you referring to? NCSL threatened a lawsuit on Constitutional grounds if the FCC goes ahead with this; are they also seeing this issue through "industry colored glasses"?

If we are speaking of the government and corporations there is legalized bribery involved somewhere so my answer to that will be yes.

there's actually a precedent on this. it involves the city of Barbourville, KY & Union College Vs At&t (or was it bell south back in the mid 90's). anyway iirc current poles are owned by those that set them and FCC has regulation to prevent others access. so the city and college set it's own poles along the other side of US-25E from the fiber backbone along US I-75.

Matthew Berry, the chief of staff to FCC Commissioner Ajit Pai, who is also a former FCC general counsel told the National Conference of State Legislatures today at their legislative summit that the Commission does not have "the legal authority to preempt state laws regulating municipal broadband."

His linked remarks discuss Nixon v. Missouri Municipal League and explains in detail why he thinks the language of Section 706 does not support pre-emption, in light of the Nixon decision.