As expected, legal challenges to two key rulings by the Federal Communications Commission have begun to trickle in. Both the FCC's Open Internet ruling and it's pre-emption of anti-municipal broadband laws in two states are now subject to legal actions.
The FCC's Open Internet Order, which was largely opposed by internet service providers (ISP's) is the subject of a suit filed on behalf of the US Telecom, a trade association for telephone companies. Also filing to block the FCC's intentions to regulate internet service under Title II of the Communications Act is Alamo Broadband. Other challenges are expected.
In a ruling of particular interest to municipal broadband utilities, the FCC decided to pre-empt laws in Tennessee and North Carolina that prevented existing municipal broadband providers from offering service beyond their parent electric utility's service boundaries. The state of Tennessee has sued in the Sixth Circuit Court of Appeals, claiming the FCC has “unlawfully inserted itself between the State of Tennessee and the State’s own political subdivisions.”
In a ruling of particular interest to municipal broadband utilities, the FCC decided to pre-empt laws in Tennessee and North Carolina that prevented existing municipal broadband providers from offering service beyond their parent electric utility's service boundaries. The state of Tennessee has sued in the Sixth Circuit Court of Appeals, claiming the FCC has “unlawfully inserted itself between the State of Tennessee and the State’s own political subdivisions.”
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