State Officials Push Back Hard on Pre-emption

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Groups representing state legislatures -- including some state legislators themselves -- joined with groups made up of state regulatory commissioners and governors to talk with reporters about the threat of the Federal Communications Commission pre-empting state municipal broadband laws.

The associations talked about the need to protect the sovereignty of state laws over the municipalities that are political subdivisions of the states. Legislators from South Carolina and Utah said the laws were meant to prohibit cross-subsidization of broadband and to ensure taxpayers weren't on the hook for municipal broadband systems that failed, to the tune of many millions of dollars. The groups also expressed concerns about setting a precedent of federal pre-emption, and where it could strike next. The groups signaled that if the FCC goes ahead with pre-emption, the agency can expect a tough court fight. They seemed confident that court precedent was in their favor.


State Officials Push Back Hard on Pre-emption Government-run Internet service could set off flurry of lawsuits (The Hill)