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posted by martyb on Thursday August 11 2016, @05:49PM   Printer-friendly
from the about-headlines:-don't-use-no-double-negatives dept.

The Register has a story about a court ruling that possibly puts one nail in the coffin of the attempt by the FCC (Federal Communications Commission) to prevent states from banning municipal ISPs.

The Sixth Circuit Court of Appeals said on Wednesday [PDF] that the American regulator lacks the authority to overrule state laws that prevent cities from operating their own ISPs.

Last year, the watchdog declared it was unfair of North Carolina and Tennessee to block community-run broadband. Now an appeals court has said the FCC overstepped the mark by trying to undo that block with a preemptive order. In other words, in this case, the US states can't be pushed around and overruled by the communications regulator as it lacks the clear authority to do so.

"This preemption by the FCC of the allocation of power between a state and its subdivisions requires at least a clear statement in the authorizing federal legislation," the judges noted.

"The FCC relies upon S706 of the Telecommunications Act of 1996 for the authority to preempt in this case, but that statute falls far short of such a clear statement. The preemption order must accordingly be reversed."

We obviously have not seen the last of this, especially since the amateur lawyer in me believes the court decision was in error.


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  • (Score: 1, Insightful) by Anonymous Coward on Thursday August 11 2016, @07:22PM

    by Anonymous Coward on Thursday August 11 2016, @07:22PM (#386751)

    Banning municipal ISPs is one out of countless examples of widespread corruption. But it looks like you chose to be disingenuous.

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  • (Score: 0, Troll) by Anonymous Coward on Thursday August 11 2016, @07:34PM

    by Anonymous Coward on Thursday August 11 2016, @07:34PM (#386760)

    I'm sorry, I wasn't aware they suspended elections in North Carolina and Tennessee, and that the only possible remedy to this is an appeal to the FCC to then regulate ISPs in ALL states because apparently it is too much bother to petition their local representatives.

    Which they even can, but... gasp! ...it will require, you know, due process of law.

    Maybe they should send in the national guard to bring cost effective internet service to those poor huddled masses too.

    • (Score: 0) by Anonymous Coward on Thursday August 11 2016, @07:38PM

      by Anonymous Coward on Thursday August 11 2016, @07:38PM (#386761)

      I'm sorry, I wasn't aware they suspended elections in North Carolina and Tennessee, and that the only possible remedy to this is an appeal to the FCC to then regulate ISPs in ALL states because apparently it is too much bother to petition their local representatives.

      Yet again, you're being disingenuous. First you pretend that the matter is solely about the banning of municipal ISPs and not the widespread corruption that this points to, and then you change the topic to how North Carolina and Tennessee still have elections, which is completely irrelevant and doesn't prove that there isn't widespread corruption. I, at least, didn't say anything about the FCC being the only solution.

      • (Score: 2) by fnj on Friday August 12 2016, @12:54AM

        by fnj (1654) on Friday August 12 2016, @12:54AM (#386852)

        disingenuous

        "You keep using that word. I do not think it means what you think it means."

    • (Score: 2) by fnj on Friday August 12 2016, @12:56AM

      by fnj (1654) on Friday August 12 2016, @12:56AM (#386853)

      I'm sorry, I wasn't aware they suspended elections in North Carolina and Tennessee

      Suspending elections is not the only way to subvert the electoral process.