News & Analysis as of

Preemption The United States Federal Communications Commission Infrastructure

Best Best & Krieger LLP

Call to Action: Impending Threat to Communities’ Property Rights, Revenues and Police Powers Demands Planning and Response from...

Local governments must prepare now for renewed efforts in Washington, D.C. to restrict, and in some cases, eliminate a community’s ability to manage their property, receive fair compensation for the private use of public...more

Jones Day

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

Jones Day on

In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

Perkins Coie on

The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Davis Wright Tremaine LLP

FCC Preempts Two State Laws That Limit the Geographic Reach of Municipal Broadband Systems

On February 26, 2015, the Federal Communications Commission voted to strike down provisions of North Carolina and Tennessee laws that restrict the area in which municipally-owned broadband systems in those states are allowed...more

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