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Tennessee Sues FCC For Dismantling Its Muni-Broadband Ban

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.

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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


Most recommended from 109 comments



ev
@rr.com

6 recommendations

ev

Anon

Tennessee

So glad the government of Tennessee is actually looking out for the 1,500 or 2,000 brave folks still employed by the large McILECs in the state and not the other 6.55 million humble citizens living there. All those garbage bagerr uh plastic sheaths don't repair themselves, y'know!

neill6705
join:2014-08-09

6 recommendations

neill6705

Member

If it wasn't clear who our politicians work for, it sure is now.

This lawsuit doesn't say anything about states rights. The protectionist laws were terrible and if these politicians truly gave a shit about their constituents, they would have let them die. If anything, this lawsuit underscores the need for campaign finance reform.

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

3 recommendations

IowaCowboy

Premium Member

Another lawsuit that should be thrown out

The FCC acted appropriately and hopefully the Tennessee muni broadband ban is the law that will be struck down.