FCC bid to boost broadband competition faces attack over “constitutionality”

The Federal Communications Commission will face a lawsuit if it tries to invalidate state laws that restrict the ability of cities and towns to offer Internet service, the National Conference of State Legislatures (NCSL) wrote to FCC Chairman Tom Wheeler.

Such a move would infringe on states' rights protected by the Constitution, the group claimed.

Chairman Wheeler has said he intends to "preempt state laws that ban competition from community broadband," relying on authority detailed in a court decision that overturned the FCC's network neutrality rules. These state laws make it difficult or impossible for municipalities to create their own broadband networks that compete against private Internet service providers like Comcast, AT&T, and Verizon.