Wednesday, August 10, 2016

State rights are upheld

Today, the U.S. Court of  Appeals (6th Circuit) ruled that the FCC does not  have the preemptive authority, under the 1996 Telecom Act, to block state statutory  provisions that restrict or prohibit the expansion of municipal broadband into underserved nearby communities.

While the Court acknowledged the public benefits of expanding high-speed broadband, it reversed the FCC's order concluding that the federal regulatory body does not have the authority to reallocate decision-making on this issue from the state to its municipalities.

http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0189p-06.pdf

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