Trade Law Daily is a Warren News publication.

The FCC won’t rule on recent petitions seeking...

The FCC won’t rule on recent petitions seeking commission preemption of state laws in North Carolina and Tennessee that restrict municipal broadband projects until “after a full opportunity for comment by all interested parties in an open proceeding and a…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

careful analysis of the specific factual, policy, and legal issues involved,” Chairman Tom Wheeler said in letters to five Senate Democrats and three House Democrats. “I respect the important role of state governments in our federal system, but I know that state laws that directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly without a careful consideration of all relevant legal and policy issues” (http://bit.ly/1oKFO3y). The cities of Chattanooga, Tennessee, and Wilson, North Carolina, filed preemption petitions with the FCC in late July (CD July 28 p5). The eight Democrats -- California Reps. Anna Eshoo and Henry Waxman, Connecticut Sen. Richard Blumenthal, New Jersey Sen. Cory Booker, Minnesota Sens. Al Franken and Amy Klobuchar, Massachusetts Sen. Ed Markey and Pennsylvania Rep. Mike Doyle -- asked Wheeler in June to clarify how the FCC would eliminate barriers to community broadband.