Can the FCC clear the way for cities to build broadband? Legal fight heats up over agency’s powers
Small cities want the federal government’s help in sweeping aside state laws that prevent them from offering better Internet service. The dispute has triggered a broader debate about the Federal Communications Commission’s power under the Constitution.
The outcome of the dispute, which turns on a single legal phrase, will not only determine the future of broadband in cities across the country, but will also be a test of strength for the FCC as it tries to regulate powerful cable and broadband providers. So what’s the legal issue? As it turns out, the public utilities’ argument for FCC power turns on the meaning of a four-word phrase: “or other regulating methods.”