FCC Requests Oral Argument in Muni Broadband Pre-emption Case, DOJ Takes no Position
The FCC requested oral argument in the municipal broadband pre-emption cases Tennessee v. FCC and North Carolina v. FCC (Nos. 15-3291/15-3555). Also filing Thursday in the same dockets, the Department of Justice officially took no position in the case. Letters…
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sent to FCC Chairman Tom Wheeler in August 2014 by North Carolina House Speaker Thom Tillis and North Carolina state Rep. Marilyn Avila were added to the docket in the 6th U.S. Circuit Court of Appeals. Both letters assert the need to have a law like the North Carolina "Level Playing Field Law" to protect consumers from "poor local government financial decision making," Tillis said. "To rule that the North Carolina General Assembly is powerless to prevent such a result brings Chief Justice John Roberts' warnings regarding the 'growing power of the administrative state' to mind."