Back in February you'll recall that the FCC voted 3-2 to dismantle portions of state broadband laws in Tennessee and North Carolina that restricted towns and cities from deciding their own broadband policies for themselves. The laws are usually written by the broadband industry with one goal: protect incumbent ISP revenues from competition -- whatever form that competition takes.
As
noted repeatedly, that revenue protection comes at the cost of local rights to decide for themselves what's best for their local community. In many states, local towns and cities are even prohibited from strikes public/private agreements to improve local broadband.
When the FCC released the full ruling earlier this month, the agency stated it had the legal authority to prune these state laws under the 1934 Communications Act and the 1996 Telecommunications Act to ensure broadband is being deployed on a "reasonable and timely basis."
As expected, the FCC has now been sued for that decision by the state of Tennessee. According to the state's lawsuit, the FCC "has unlawfully inserted itself between the State of Tennessee and the State’s own political subdivisions." Tennessee proceeds to proclaim the FCC's decision runs "contrary to the United States Constitution" and is "arbitrary, capricious and an abuse of discretion."
Critics could of course counter that Tennessee taking AT&T campaign contributions and letting the telco write protectionist state law is "arbitrary and capricious" in and of itself. The lawsuit came the same day the FCC was also sued by the broadband industry for its recently passed net neutrality rules.
259718983 State of Tennessee v FCC