muni broadband

FCC's muni broadband distraction shudders to a final stop

4 October 2016 by Steve Blum
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It’s officially over: the Federal Communications Commission does not have the authority to preempt state authority over municipal broadband systems, even when it thinks the way in which that authority is wielded constitutions a barrier to infrastructure investment. The federal appeals court in Cincinnati made that decision in August, in a case brought against the FCC by Tennessee and North Carolina, and issued the final order yesterday. It was a formality that brings the case to an end.… More

Bill introduced in congress would ban state limits on local broadband service

18 September 2016 by Steve Blum
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With two weeks to go before the U.S. congress takes a pre-election break, progress on broadband-related bills appears to be as bogged down as it was in the California legislature’s recently concluded session. That’s not stopping Silicon Valley representative Anna Eshoo from throwing another community broadband bill into the hopper, though.

House resolution 6013 would, in effect, overturn a federal appeals court ruling that said the Federal Communications Commission can’t preempt a state’s ability to restrict municipal broadband projects.… More

FCC preemption loss is muni broadband win

17 August 2016 by Steve Blum
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One more vote, and you’re mine.

Waving the magic federal wand and erasing state restrictions on muni broadband seems like a wonderful idea, until the wand waves the other way and muni broadband disappears. That’s why last week’s federal appeals court decision overturning the FCC’s preemption of Tennessee and North Carolina laws limiting muni broadband systems was welcome news.

The current Federal Communications Commission majority tried to preempt the state restrictions during a burst of presidential community broadband populism a year and a half ago.… More

FCC's muni preemption attempt looks gone for good

14 August 2016 by Steve Blum
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Wednesday’s appeals court decision that tossed out the Federal Communications Commission’s preemption of state limits on municipal broadband is looking more and more like the final word.

The reaction of those on the losing side of the judge’s decision – the FCC and the cities of Chattanooga, Tennessee and Wilson, North Carolina – can be summed up as disappointed resignation. Lots of sorrow but no fighting words, as in they got it wrong and we’re gonna take it all the way to the supreme court.… More

FCC can't preempt state limits on muni broadband, appeals court rules

10 August 2016 by Steve Blum
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Park the bulldozer.

Congress did not give the Federal Communications Commission the authority to override state government-imposed limits on expansion by municipal broadband systems. That’s the simple and – as far as it goes – unanimous opinion of three federal appeals court judges who overturned the FCC’s preemption of muni broadband restrictions in Tennessee and North Carolina.

In general, a state has complete authority to determine what cities and counties can do, within the limits of the law.… More

Federal appeals court rejects FCC's muni broadband preemption

10 August 2016 by Steve Blum
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The FCC cannot preempt state law in Tennessee and North Carolina, and give local governments permission to extend the reach of municipal broadband systems if state legislatures say otherwise. That’s the bottom line from an appeals court decision issued this morning by a three judge federal appeals court panel in Cincinnati. I’ll have more when I’ve finished reading the decision, or you can read it for yourself here:

Federal appeals court opinion reversing FCC municipal broadband preemption

FCC tongue-tied as appeals court judge blows holes in muni preemption

22 March 2016 by Steve Blum
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The Federal Communications Commission has serious difficulties explaining why it has the power to preempt state laws that restrict municipal broadband service. Matthew Dunne, an FCC lawyer, argued the agency’s case before three federal appeals court judges on Thursday, defending last year’s decision to remove state-imposed restrictions on municipal broadband systems in Chattanooga, Tennessee and Wilson, North Carolina.

The case hinges on whether the FCC is using authority granted (or not) by congress to remove barriers to broadband deployment, or if it’s simply interfering in a state’s traditional – and well litigated – right to manage what its cities and counties can do, and how they can do it.… More

Tacoma muni fiber upgrade will need city subsidies, and that's the optimistic case

22 December 2015 by Steve Blum
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It’ll be a long time making up the shortfall, if everything goes perfectly.

If the City of Tacoma wants to hang on to control of its municipal cable system, adding broadband to the service – as the city council voted to do – won’t be enough to pay the bills. Financial help from the city will be needed to upgrade the system to gigabit capacity, according to a presentation prepared by a consultant for the Tacoma public utility board, which shares oversight responsibilities with the council.… More

Tacoma city council votes to double down on muni broadband

20 December 2015 by Steve Blum
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Go, but try to keep it in the city.

Tacoma’s municipal cable system will remain city owned and operated, at least for the foreseeable future. The Tacoma city council voted to reject offers made by locally-based broadband companies to lease the system, invest money in upgrades and operate it as a private business. Instead, the council told the city’s municipal electric utility, which runs the system, to come back with a business plan for keeping it in public hands by next April.… More

Tennessee says muni broadband law limits cities not service

24 November 2015 by Steve Blum
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The Federal Communications Commission went beyond the bounds of regulating interstate telecommunications when it issued an order that preempted state restrictions on municipal broadband systems in Tennessee and North Carolina. That’s one of two core arguments that the state of Tennessee made yesterday as it rebutted the FCC’s defence of the order in a federal appeals court case…

The Order contains none of the hallmarks of interstate communications policy regulation; it is neither neutral nor generally applicable.

… More