Update on Municipal Broadband Decision. The Fate of Pinetop, NC

[Commentary] Greenlight, the muni provider of Wilson (NC), took advantage of the Federal Communications Commission’s 2015 municipal broadband order and began offering gigabit broadband in Pinetop (NC), population 1400. Pinetop lies in Edgecomb County, next door to Wilson County. Under the 2010 North Carolina anti-muni law, Greenlight could serve anyone in Wilson County but not go outside Wilson County to neighboring Edgecomb County. But Wilson decided to take a shot and honor Pintetop’s request to provide service (Greenlight already provides electric service in Pinetop as a munipal electric provider, so it wasn’t much of a leap). The legal situation on this is now somewhat complicated. The 6th Circuit had not stayed the FCC’s preemption order in 2015, so it was totally legal for Greenlight to offer service. What is unclear now is how to read NC law now that it is “un-preempted” by the Sixth Circuit overturning the FCC. I admit I have no idea how to even begin to answer this question.