For the record, Eric, I'm certain that states can preempt municipalities. The question is can FCC preempt States? - jra
On July 24, 2014 5:18:26 PM EDT, Eric Brunner-Williams <[email protected]> wrote: >For those interested, first in my morning's inbox is a letter from >Oregon State Senator Bruce Starr (R-15, Hillsboro), and Nevada State >Senator Debbie Smith (D-13), President and President-elect, >respectively, of the National Conference of State Legislatures to FCC >Chairman Thomas Wheeler, expressing their firm conviction as of Tuesday > >of this week that states have the constitutional authority to preempt >municipalities in the domain of communications infrastructure. > >The letter is not a legal memo, so it expresses little of any use. >Anyone wanting a copy can probably find it on either the FCC or the >NCSL >websites. > >Next is "by hand" of today from Jim Baller, retained by the Electrical >Power Board of the City of Chatanooga, to the FCC. It is a 64pp legal >memo constituting a "Petition for Removal of Barriers to Broadband >Investment and Competition", that is, an argument that Section 706 of >the Telecommunication Act of 1996 takes precedence over Tenn. Code Ann. > >ยง 7-52-601 ("Section 601"). > >Here is the link: >https://www.epb.net/downloads/legal/EPB-FCCPetition.pdf > >I expect the second correspondence will make more interesting reading. > >Eric -- Sent from my Android phone with K-9 Mail. Please excuse my brevity.
