Local Attys Perplexed By FCC's New 'Moratoria' Policy

Law360 (August 22, 2018, 8:38 PM EDT) -- A Federal Communications Commission policy change that preempts express or implied bans on local broadband infrastructure deployment was aimed at helping internet service providers cut through unnecessary red tape, but attorneys representing small governments fear the ruling’s broad language only creates more uncertainty.

When the commission declared earlier this month that state and local rules blocking the rollout of new internet infrastructure are illegal, it opened the door for case-by-case challenges from service providers or other parties who believe a local government is not acting fast enough to clear new infrastructure applications or is otherwise slowing network expansion.

For many stakeholders,...

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