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FCC Loses Court Battle To Let Cities Build their Own Broadband (theverge.com)
Jacob Kastrenakes, writing for The Verge: The Federal Communications Commission's plan to let cities build their own broadband networks hit a major roadblock today, as a federal appellate court ruled that the commission was overstepping its authority. The United States Court of Appeals for the Sixth Circuit said today that the FCC is not able to, essentially, remove state laws that prevent the construction of municipal broadband networks, as it attempted to do in Wilson, North Carolina and Chattanooga, Tennessee last year. Both Wilson and Chattanooga had petitioned the FCC for permission to build out their own broadband networks -- a measure some cities are turning to in order to increase competition among internet providers, who often hold regional monopolies and more or less refuse to compete. State laws, however, prevented them from doing so; that's the case in 19 states in total, all of which could have been affected by future FCC orders had the court ruled in its favor.Ars Technica has more details.
How funny that in a recent thread someone was trying to claim it was a fantasy that government regulation had no effect on ISP choice, when the federal government stands in the way of even local governments being able to do what they want in their own cities.
State laws, however, prevented them from doing so; ...
Are you being sarcastic? It's the Federal government that is trying to create more competition but STATE governments are stopping it.
Well, first, the relationship between the states and tghe Federal government are not the same.
Second, A state regulating business within it's own borders is not "interstate commerce". But don't count out some tool from trying to make that argument.
Third, it's too bad change is hard. Seems to me, it was set up that way on purpose.
When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
"So why is it bad when the Federal Government tells a State what to do, but it's a-okay when the State tells a City what to do?"
... the court said, requires an agency's power to be clearly stated in federal law."
Why is it bad, or why is it illegal? The federal Constitution reserves powers not granted to the feds for the states. Whether a state has power over a city is a matter of that state's Constitution. From a quick look at the NC Constitution, the state General Assembly seems to have the power to enact "general laws uniformly applicable throughout the State," which seems to give them authority to preempt local laws, so long as it's done uniformly.
"the Federal Government is perfectly authorized to regulate interstate commerce, right?"
Even accepting that the Internet is interstate commerce, the issue is how much of that authority has Congress given the FCC. The linked article specifically mentions that - "to overrule a state law
"National Security is the chief cause of national insecurity." - Celine's First Law