Sixty House Republicans attacked the FCC for its...

it appears the Commission has determined it will move forward without Congress’ approval and despite states’ determination to protect their taxpayers,” the Republicans said, calling state governments more attentive to the needs of state residents. The FCC would set “a dangerous precedent” and violate “state sovereignty” by preempting the laws, they said. The letter included eight questions and a request for answers by June 30. They asked the FCC Chairman Tom Wheeler whether, if the courts struck down the action, it would weaken the agency’s credibility and the level of deference the agency must pay local lawmakers. “How does the FCC believe [Communications Act] Section 706 authority trumps the states’ rights in the Constitution?” they asked, also wondering if the FCC would “bailout” municipalities or states upon municipal broadband failure. Other signers included Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, and Reps. Steve Scalise, R-La., and Darrell Issa, R-Calif. But the FCC is, without prejudgment, proceeding in a fact-based manner, potentially looking at conducting a case-by-case evaluation of petitions that municipalities would file asking the agency to pre-empt state laws, a spokesman told us. The January U.S. Court of Appeals for the D.C. Circuit decision upheld the Section 706 authority that would allow for this process, with the dissent explicitly naming such state laws as a barrier to infrastructure investment, the spokesman said.