When the DC Circuit Court handed down a decision ruling against the FCC's Open Internet (network neutrality) rules, it also clarified that the FCC has the power to overrule state laws that limit local authority to build community networks. Harold Feld, Senior Vice President for Public Knowledge, joins us for Community Broadband [no-glossary]Bits[/no-glossary] Episode #84 to explain the decision.
Harold exlains what Section 706 authority is and how all the DC Circuit judges on the case felt that the FCC, at a minimum, has the authority to strike down laws that delay or prohibit the expansion of broadband infrastrcturue.
We then discuss how the FCC can go about striking down such laws to reestablish local authority – a community in a state like North Carolina could file a petition with the FCC for action or the FCC could decide to take action itself. Either way, it will have to build a record that laws revoking local authority to build networks are harmful to expanding this essential infrastructure.
Finally, some of this power filters down to state public utility commissions, but just how much is unclear at present.
Read the transcript from our discussion here.
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