Governors warn FCC: Back off state laws
The National Governors Association is warning the Federal Communications Commission not to interfere with state laws preventing cities from building out their own Internet services.
The group told the FCC that it should “honor the longstanding partnership” between the federal government and states “and avoid triggering unintended consequences” by blocking laws in North Carolina and Tennessee. The governors group claimed that stepping in would violate the 1996 Telecommunications Act as well as President Obama’s 2009 executive order telling agencies not to preempt state laws unless there is a firm legal footing. “The public elects representatives to govern them,” the NGA wrote. “There is a legal distinction between laws that are unconstitutional from those that some factions do not support,” they added. “The tool to address the latter is the ballot box."