Tennessee headed to court this week to defend the state's municipal broadband ban from the FCC's efforts to remove state restrictions on community broadband. As we've covered ad nauseum over the years, Tennessee is one of more than twenty states to pass laws hindering or outright prohibiting communities from building their own broadband networks (or even striking public/private partnerships). The laws are almost always written by incumbent ISPs like AT&T, Comcast and Time Warner Cable looking to protect turf.
Back in February the FCC
voted to use its Congressionally-mandated authority to begin stripping away some of these restrictions in the hopes of improving broadband connectivity.
Needless to say that incumbent ISPs (and the loyal recipients of their campaign contributions) didn't like this, and immediately set about suing the FCC in court. The complaint is generally framed as one of states' rights (though the fact that telecom operators are writing state law doesn't appear to be of concern to these folks).
In Tennessee, municipal broadband/utility operator EPB broadband has been unable to expand its service due to state law. Tennessee headed to court this week to begin defending itself against what it argues is an unfair encroachment of federal authority.
"In rewriting Tennessee law, the order does much more than impose federal communications policy," the state argued in its appeal (pdf). "It abandons past precedent and redefines the relationship between state and municipal governments by expanding the territorial jurisdiction of a local governmental unit."
In short, Tennessee would like it very much if the Federal government would not interfere in its god-given right to let AT&T and Time Warner Cable write protectionist state law that ensures high broadband prices and limited competition remain the norm statewide. The FCC, in contrast, argues it has full authority under Section 706 of the Communications Act to remove state barriers to improved broadband penetration.
The FCC is scheduled to file its response in the case by November 5.