The Question of Preemption: The FCC Considers Lifting Municipal Broadband Restrictions

[Commentary] One of the most controversial issues the Federal Communications Commission will face this fall is whether it can and should preempt (i.e., invalidate) state laws that restrict their municipalities from constructing and operating their own broadband networks. This post does not address the wisdom of these projects, but rather whether the FCC has the legal authority to preempt those state laws.