Correspondence to the FCC re: preemption of local government as a source of regulation
jra at baylink.com
Thu Jul 24 22:10:24 UTC 2014
For the record, Eric, I'm certain that states can preempt municipalities. The question is can FCC preempt States?
On July 24, 2014 5:18:26 PM EDT, Eric Brunner-Williams <brunner at nic-naa.net> wrote:
>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
>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:
>I expect the second correspondence will make more interesting reading.
Sent from my Android phone with K-9 Mail. Please excuse my brevity.
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