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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.
(Score: 0) by Anonymous Coward on Friday August 12 2016, @04:48AM
With nearly half the country begging for fascism and supporting a presidential candidate who's campaigning on overthrowing our constitutional form of government by subverting, undermining, and ignoring the 1st, 4th, 5th, 6th, 8th, 9th, and 14th amendments, I'm not sure there is an out.
(Score: 2) by Zz9zZ on Friday August 12 2016, @08:23AM
Yeaaah, it does scare me a bit, Hitler didn't come to power as some monster but as a symbol of hope to many people. Then they realized what they brought to life... Trump shows every sign of being the same thing for the US, but I really think he's just a distraction to get Hillary in office. If he wins I think he'll just be a funny puppet show, looking at his personal history it becomes pretty clear, he's a bit too old to change tactics now. He's just another puppet in the theater. Some of the shit he says is like he's begging for people to see him as a fucking lunatic, BEGGING! Its just insane that people support him even more because of it. So either he's a clever plant, or he truly read the spirit of many americans and is riding the wave to glory....
My anecdotal supporting evidence is the media. They played up everything he said, pushed every Trumpism as hard as possible, and now that he solidified his hold over the GOP they have done a 180 and tear him down all over. who can tell what crazy games the media plays, everything they do is batshit crazy.
~Tilting at windmills~