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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: 2) by TheGratefulNet on Thursday August 11 2016, @07:26PM

    by TheGratefulNet (659) on Thursday August 11 2016, @07:26PM (#386757)

    clearly, it will get very very bad if we have a violent revolution.

    but I see no sign that a peaceful one that works 'inside the system' can ever work.

    I just don't see it. sorry. the system is too self-serving to fix itself any other way.

    yes, a revolution will suck and we will be far worse off for a long time. but like a forest fire, the forest regrows after such a disaster.

    it could grow into a mad-max world, its true. its a chance that we may have to take. there's the chance we can fix ourselves once we endure a huge tragedy.

    --
    "It is now safe to switch off your computer."
    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

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  • (Score: 2) by Zz9zZ on Thursday August 11 2016, @07:42PM

    by Zz9zZ (1348) on Thursday August 11 2016, @07:42PM (#386765)

    Its not a chance we have to take, at that point it is something that will be forced upon us. The "powers that be" think they are so superior to the peons, but they can't get it through their thick skulls that the good of all spreads to themselves. Their greed has blinded "the system" and will result in the crash, where if they were truly smart then these problems would be addressed and the entire nation would prosper. Idiots, morons, troglodytes in top hats.

    --
    ~Tilting at windmills~
  • (Score: 3, Insightful) by aristarchus on Thursday August 11 2016, @07:47PM

    by aristarchus (2645) on Thursday August 11 2016, @07:47PM (#386769) Journal

    In a small town pushing for a muni-ISP, TheGratefulNet rouses the rabble:

    yes, a revolution will suck and we will be far worse off for a long time

    "They can take our Internets, but they canna' take, our FREEDOM!!!!"

    "Um, hey, Grate, the Pokemon are gone!"

    "What do you mean, the Pokemon are gone? How many?"

    "All of them, Grate! I was in the middle of Pokemon Go!, and suddenly they all just disappeared. It was like they were never really there at all!"

    "Ok, that's it! Give the FCC whatever they want. Give Comcast whatever they want! Give Verizon . . . "

    Sometimes capitulation can go too far. Way too far.