In early June, Tom Wheeler touted in a blog post that “I believe that it is in the best interests of consumers and competition that the FCC exercises its power to preempt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.”
And like, shazaam, just last Friday, Chattanooga, TN’s municipal broadband provider – EPB – and the City of Wilson, NC petitioned the FCC to preempt / overturn portions of Tennessee and North Carolina law that protect taxpayers by limiting municipally-provided communications services.
Though Tom Wheeler and the petitioners might believe that the FCC can preempt these state laws via Section 706 of the Telecommunications Act – a dubious, untested formula provided by the recent DC Circuit ruling, which struck down core aspects of the agency’s Net Neutrality rules – at least 20 states and their taxpaying voters would beg to differ.
The following video (shot before this news occurred), features Less Government’s Seton Motley as he discusses why this latest proposal stinks for rightfully fearful taxpayers.