Correspondence to the FCC re: preemption of local government as a source of regulation
brunner at nic-naa.net
Thu Jul 24 21:18:26 UTC 2014
For those interested, first in my morning's inbox is a letter from
Oregon State Senator Bruce Starr (R-15, Hillsboro), and Nevada State
Senator Debbie Smith (D-13), President and President-elect,
respectively, of the National Conference of State Legislatures to FCC
Chairman Thomas Wheeler, expressing their firm conviction as of Tuesday
of this week that states have the constitutional authority to preempt
municipalities in the domain of communications infrastructure.
The letter is not a legal memo, so it expresses little of any use.
Anyone wanting a copy can probably find it on either the FCC or the NCSL
Next is "by hand" of today from Jim Baller, retained by the Electrical
Power Board of the City of Chatanooga, to the FCC. It is a 64pp legal
memo constituting a "Petition for Removal of Barriers to Broadband
Investment and Competition", that is, an argument that Section 706 of
the Telecommunication Act of 1996 takes precedence over Tenn. Code Ann.
§ 7-52-601 ("Section 601").
Here is the link: https://www.epb.net/downloads/legal/EPB-FCCPetition.pdf
I expect the second correspondence will make more interesting reading.
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