The key issue in any FCC preemption of...
The key issue in any FCC preemption of state anti-municipal broadband laws is whether Telecom Act Section 706 would give the agency that authority, said Free Press Policy Director Matt Wood by email Monday: “It doesn’t so much matter whether…
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the Commission takes up that debate in the Open Internet or Technology Transitions proceeding.” Wood was responding to FCC plans to take up anticompetitive state bans and other barriers to broadband competition as part of the “managerial framework” to deal with issues around the IP transition (CD April 29 p3). It will not be included in the draft rulemaking on net neutrality rules. “The FCC has a lot of big issues to tackle, but the central question is whether it has authority over broadband communications networks,” said Wood. “The answer is the same in each case: Title II is the best and strongest authority for any meaningful FCC effort to prevent discrimination, promote competition and ensure the availability of affordable services for everyone."