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FCC's Municipal Broadband Loss Cuts Off Policy Options

Law360, Washington (August 17, 2016, 4:22 PM EDT) -- The Federal Communications Commission's Sixth Circuit loss last week over its push to promote expanded municipal broadband by preempting state laws leaves the FCC with little recourse but to ask a likely reluctant Congress for new authority, experts said.

The FCC likely knew that it would face an uphill battle in relying on Section 706 of the Telecommunications Act of 1996 to override laws in North Carolina and Tennessee in what some saw as a lawless move, telecom attorneys told Law360. The agency now appears to be without a path to accomplish its policy objectives, experts said.

The court ruled that...

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