As we noted last week, two different cities with their own broadband networks (Wilson, NC and Chattanooga, Tennessee) have formally asked the FCC to declare that laws in their states hindering community broadband aren't enforceable, giving FCC boss Tom Wheeler the perfect opportunity to back up claims that he'd take action. Such bills are written and lobbied for by companies like Comcast, AT&T and Time Warner Cable, and often restrict local citizen rights to determine for themselves what the best course of action for their community is.
To get the bureaucratic ball rolling, the FCC has formally issued a public notice (pdf) asking for public and corporate comment on their intervention when it comes to such protectionist laws.
"Both Petitioners allege that state laws restrict their ability to expand their broadband service offerings to surrounding areas where customers have expressed interest in these services, and they request that the Commission preempt such laws," observes the FCC. Chattanooga's EPB claims a Comcast-backed law lets them offer voice services over fiber lines, but prohibits them from offering broadband over those same lines if it's outside their existing utility footprint.
While the public notice opens the door to a potentially protracted discussion about whether the FCC should intervene in these instances, that doesn't necessarily mean the agency will have the political fortitude to actually do so. Incumbent ISPs have already had
Rep. Martha Blackburn push a bill stripping FCC funding should they act, and has
used proxy groups to threaten lawsuits against the FCC.