Authored By david.morton

The Federal Communications Commission approved a petition Thursday from two municipal broadband providers to preempt their states’ laws restricting the areas where they can provide Internet service.

The 3-2 vote along partisan lines will enable EPB, one of the petitioners, to expand its fiber optic Internet service outside of its electric service area. The expansion could eventually benefit surrounding rural communities where existing connections are slightly faster than dial-up speeds. EPB officials have said they are looking to expand service to communities that have asked them to do so.

The FCC’s Democratic commissioners framed their support for the petition in terms of expanding opportunities to communities that are underserved by private-sector options. Republican commissioners said they do not believe the federal agency has the authority to override state law.

EPB is planning a news conference at 3 p.m. today and is withholding official comment until then, a spokesman said.

The FCC’s memorandum opinion and order was approved by FCC Chairman Tom Wheeler and Democratic Commissioners Mignon Clyburn and Jessica Rosenworcel. Republican Commissioners Ajit Pai and Michael O’Rielly dissented.

The FCC said in a statement that its decision opens the door for EPB and another public Internet provider in Wilson, North Carolina, to expand their services and overcome legal barriers preventing them from meeting local demands. The decision will also allow similar providers in Tennessee and North Carolina to expand their services.

“The state laws had effectively prevented the cities from expanding broadband service outside their current footprints despite numerous requests from neighboring unserved and underserved communities,” the FCC statement reads.

The two petitions were filed last summer.

Although Tennessee allows EPB and other municipal electric systems to provide telecommunications services, the public companies are prevented from offering Internet and cable services outside their electrical system footprint. Those rules were first established by the General Assembly in 1999.

Deb Socia, executive director of Next Century Cities, said in a statement that the FCC’s decision is a “major step forward” for communities seeking better Internet service.

“Choice and competition are key ingredients to broadening the reach and opportunities afforded by this vital infrastructure,” she said. “This decision is a win for local choice and a win for competition. It sets a powerful precedent nationwide that cities should be free to choose when it comes to high-quality Internet.”

The FCC is also expected to approve net neutrality rules today.

It’s unclear what effect the commission’s vote will have on a state bill intended to remove the electric service area restrictions. State Sen. Janice Bowling and state Rep. Kevin Brooks are sponsoring the bill in the General Assembly. Their legislation is backed by the Tennessee Municipal Electric Power Association, an organization representing 60 utility companies.

Updated @ 11:38 a.m. on 2/26/15 to add more information.

Updated @ 1:20 p.m. on 2/26/15 to add more information.