Focus Areas:    Administrative Law | Broadband | FCC | Preemption | Telecom Act

Reply Comments of TechFreedom and the International Center for Law & Economics, In the Matter of NC & TN Petitions for Preemption of State Laws Restricting Municipal Broadband Networks, FCC

Reply Comments of TechFreedom and the International Center for Law & Economics, In the Matter of City of Wilson, N. Carolina Petition for Preemption of N. Carolina Gen. Statute Sections 160a-340 et Seq., 30 F.C.C. Rcd. 2408 (2015)

Summary

“The International Center for Law and Economics (ICLE) and TechFreedom filed initial comments in these proceedings urging the Federal Communications Commission (“FCC” or
“Commission”) not to preempt the state laws at issue in North Carolina and Tennessee because (1) the Commission lacks the legal authority to do so under Section 706, (2) even if the
FCC had such authority, it would be a double-edged sword, which could be used to ban government-owned networks in the future, so it should not be exercised in this case, (3) such a
reversal in approaches could be premised on the rather obvious economic point that government provision of broadband may in fact decrease broadband deployment and investment in the aggregate by deterring private broadband competition; and (4) in general, government-run broadband, which lacks profit-driven feedback loop, is unlikely to serve consumers better in the long-run than private provision of broadband…”

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