FCC, America lose big on municipal broadband

By Joan McCarter
Monday Sep 05, 2016 · 3:31 PM EDT

The Federal Communications Commission has decided not to appeal a court ruling that says states can impose laws restricting localities from creating public broadband services. The FCC voted to block states from imposing these restrictions back in February 2015 and the states sued, winning in the U.S. Court of Appeals for the Sixth Circuit.

The cities that were seeking to expand municipal broadband networks—Chattanooga, Tennessee and Wilson, North Carolina—were also involved in the case. The cities have not yet said whether they will appeal.

The FCC relied on a novel legal argument in the case. Congress authorizes the FCC to promote competition in local telecommunications markets and to remove barriers that prevent infrastructure investment, and the FCC said that this authority allows it to preempt the state laws. But Congress never specifically authorized the FCC to preempt state laws, a fact that judges cited in overturning the FCC decision.

The New York Times describes what this could mean for the small businesses and people living in these cities. One example is Vick Family Farms, which has dramatically increased production and sales to Europe thanks to ultrafast internet provided by the city of Wilson, North Carolina. Now they could potentially be unplugged.

"We're very worried because there is no way we could run this equipment on the internet service we used to have, and we can't imagine the loss we'll have to the business," said Charlotte Vick, head of sales for the farm.

The loss of business to local farms is of far, far less concern to the state's Republican lawmakers than the health of Big Telecom.

Read more
http://www.dailykos.com/stories/2016/9/5/1565289/-FCC-America-lose-big-on-municipal-broadband