The office of Rep. Marsha Blackburn, R-Tenn., fired...

Wheeler’s response (http://bit.ly/1sVVAJn) to Blackburn, vice chairman of the Commerce Committee, and other Republicans. That “response is not only inadequate but further highlights concerns raised by Members of Congress and by Chief Justice John Roberts regarding the dangers posed by the growing power of the administrative state,” Blackburn’s spokesman told us Wednesday. “Chairman Wheeler wrongly assumes that his starting point for regulatory action is Section 706 when in reality it’s the Tenth Amendment to the United States Constitution and Dillon’s Rule. Chairman Wheeler’s letter is further confirmation that he believes that Washington knows best and that state laws are nothing more than inconvenient truths for unelected bureaucrats to ignore.” The 10th Amendment empowers state governments, and Dillon’s Rule derives from several court decisions to define what municipalities can and cannot do when up against state authority. The rule allows state lawmakers “to control local government structure, methods of financing its activities, its procedures and the authority to understake [sic] functions,” said the National League of Cities on its website (http://bit.ly/1ovdAtI). In his letter responding to Republicans, Wheeler said there is “reason to believe” that many state laws limit competition, contrary to federal policy goals, and thus are open to pre-emption. He pointed to Communications Act Section 706 as the authority charging the agency with its role here. Some municipal broadband projects have been “less successful than hoped” while others succeeded, Wheeler added: “I expect that communities will decide for themselves the appropriate type and level of financial risk to take on in light of their needs in the normal course of local self-governance.”