FCC Heads to Court For Broadband's Most Important Fight Yet For years we've noted how 19 states now have protectionist laws in place -- literally written by giant ISP lobbyists -- that prevent towns and cities from building their own broadband networks, or in some cases even striking public/private partnerships with companies like Google Fiber. Last year the FCC voted to dismantle these laws in two states -- Tennessee and North Carolina.

Municipal ISPs there (Wilson, NC's Greenlight, and Chattanooga, TN's EPB) complained the laws were preventing them from expanding their gigabit fiber broadband services. But eager to protect campaign contributors, Tennessee and North Carolina sued the FCC, saying the agency was overstepping its legal authority and violating "states rights." In contrast, the FCC argued that the state bans on public or public/private partnerships run in contrast to its Congressional mandate (under Section 706 of the Communications Act) to ensure "reasonable and timely" broadband deployment. This week the FCC and the two states began their oral arguments before the Sixth Circuit federal appeals court in Cincinnati. FCC boss Tom Wheeler has said the states, at AT&T, Comcast, CenturyLink and Time Warner Cable request, have developed "thickets of red tape designed to limit competition." Speaking to the court, FCC lawyers argued these laws have created "digital deserts that are imploring Chattanooga to come to them." ISPs have generally tried to defend these laws by claiming government shouldn't compete with private industry. But in most of these markets, incumbent providers aren't competing at all -- and have little to no incentive to improve speeds, expand coverage, or lower prices. That's why countless towns and cities have gotten into the broadband business themselves; not because it's fun, but because they feel the private sector has given them no other options. And while ISP lobbyists and various media policy tendrils have worked hard to sow division by framing municipal broadband as a partisan issue, the majority of municipal networks are built in Conservative markets. The idea of letting communities make local infrastructure decisions -- instead of AT&T or Comcast executives -- also has notably broad bi-partisan support. Still, ISPs and the politicians paid to love them have tried to argue that they're simply looking out for the welfare of local community coffers, and that they're altruistically worried about government intrusion into local authority. That giant telecom companies are quite literally writing awful laws oddly isn't a concern to those on the ISP side of the debate. Municipal broadband isn't a very sexy subject for the media, but dismantling these protectionist laws to shore up coverage gaps and generate some competitive pressure on all-too comfortable duopolists -- may just be the most important legal battle facing broadband today. It's unclear when the appeals court is expected to rule, but this may be an issue that ultimately winds up before the Supreme Court. Municipal broadband isn't a very sexy subject for the media, but dismantling these protectionist laws to shore up coverage gaps and generate some competitive pressure on all-too comfortable duopolists -- may just be the most important legal battle facing broadband today. It's unclear when the appeals court is expected to rule, but this may be an issue that ultimately winds up before the Supreme Court.







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Most recommended from 60 comments



TIGERON

join:2008-03-11

Boston, MA Motorola MG7550

18 recommendations TIGERON Member This is worth repeating... ALEC is why we DO NOT have cheap and affordable internet access everywhere. Unless we all demand that we have fiber laid into the ground everywhere even when incumbents such as Comcast, AT&T, Verizon and other ALEC-supported companies who are AGAINST municipal fiber while at the same time refusing to expand or upgrade improve service are doing everything to stop cities and towns from wiring themselves, NOTHING is going to change.



This "I got mine and SCREW YOU" Ayn Rand logic of thinking that certain people spearhead in many threads on this site needs to stop. It is not working for this country anymore. Mr Matt

join:2008-01-29

Eustis, FL 17 recommendations Mr Matt Member Instant Replay If you go back to the history books, in the mid 30's you will see how the power cartels fought the Tennessee Valley Authority to prevent them from wiring rural America for power. Eventually the cartels lost.

r81984

Fair and Balanced

Premium Member

join:2001-11-14

Katy, TX 14 recommendations r81984 Premium Member Where are the republicans? Where are all the republicans complaining about the lack of competition and lack of free market??

I would think every republicans would be fighting against companies trying to limit competition. Right???

goober22

Resident Duh-Huh Member

join:2001-12-28

Panama City, FL 12 recommendations goober22 Member If you thought Monopoly was just a board game So Comcast will be the largest provider in over 1/2 the Nation? Plus they own NBC & Universal & many sports channels and "may" consider T-Mobile.



What could go bad here?



Reminds me of AT&T before "Ma Bell" was split.

somms

join:2003-07-28

Centerville, UT 7 recommendations somms Member Homegrown municipal networks FTW





Just glad my city was progressive enough in this very conservative state to actually get on board with almost complete build-out of FTTH... Farah Faucet

join:2016-03-07 2 recommendations Farah Faucet Member With only 1 good provider Where I live Time Warner basically rules the roost. And because of it internet speeds have not gotten any faster for quite a while and the prices are absurd, and not in a good way