We Want Wi-Fi: The FCC’s Intervention in Municipal Broadband Networks

Abstract

This note examines a Sixth Circuit ruling against the Federal Communication Commission which found that North Carolina and Tennessee had the authority to limit expansion of municipal broadband services. Schwarze argues that Tennessee v. FCC greatly interferes with the mission of the FCC to spread communications access and proposes a solution by way of a partnership among state governments, municipalities, and private broadband companies to increase access to high-speed internet to areas that lack such services.

Keywords

FCC, broadband, high-speed, EPB, Chattanooga, internet, access, state sovereignty, Tennessee v, preemption, Communications Act, regulation, communications, telecommunications, Wilson, North Carolina, gigabytes, Greenlight, 1996 Act, Section 706, public-private partnership, utility, consumer choice, economic development, dig once

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Catherine L. Schwarze (J.D./LLM (2018) Washington University School of Law)

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