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Court Rejects FCC Preemption of State Muni Broadband Laws

08.10.2016

Background: Today, the Sixth Circuit Court of Appeals struck down the Federal Communications Commission’s order preempting two state laws that put limits on municipal broadband networks.

The following statement is from USTelecom President Walter McCormick:

“Today’s decision is a victory for the rule of law. The FCC’s authority is not unbridled, it is limited to powers specifically delegated by the Congress, and it does not extend to preemption of state legislatures’ exercise of jurisdiction over their own political subdivisions. As an industry that shares the commission’s interest in accelerating broadband deployment, we would suggest that the best way for the FCC to accomplish its goals is to concentrate on eliminating federal regulatory impediments to innovation and investment – where there remains to be much that can and should be done.”

 

ABOUT USTELECOM

USTelecom is the nation’s premier trade association representing service providers and suppliers for the telecom industry. Its diverse member base ranges from large publicly traded communications corporations to small companies and cooperatives – all providing advanced communications services to both urban and rural markets.