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Tennessee Defends Its Community Broadband Ban in Court

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.

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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.

Most recommended from 88 comments



NO to ESPN
@zscaler.com

15 recommendations

NO to ESPN

Anon

State Legislators Should be Prosecuted under RICO Laws

The state legislators should be prosecuted under RICO laws in federal court. The normal protection that state legislators vote for themselves do no apply in a federal court.
ramsaso
Premium Member
join:2014-01-04
Houston, TX

1 edit

5 recommendations

ramsaso

Premium Member

Doesn't TN have anything better to do?

Other than denying their citizens the right to a faster and cheaper internet service?
gaforces (banned)
United We Stand, Divided We Fall
join:2002-04-07
Santa Cruz, CA

4 recommendations

gaforces (banned)

Member

Commerce clause in Constitution

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

»en.wikipedia.org/wiki/Co ··· e_Clause
techguru306
join:2015-02-11
Cincinnati, OH

3 recommendations

techguru306

Member

This will be an interesting Case.

It will be interesting to see what the court will have to say about this. The FCC regulates communications weather it be TV, Internet, and phone service. If Tennessee wins it is a big loss for the consumers and a big win for the oligopoly.