Category Archives: Preemption

2014 Year in Review…

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2014 provided fertile soil for those interested in policy research. So with New Years rapidly approaching, I want to uphold tradition and use our last blog post of the year to highlight what we at the Phoenix Center thought to be the most interesting policy issues of 2014 and to provide some select examples of where we believed we added constructively to the debate. Spectrum Availability and Allocation While spectrum policy is always complex, the debate again boiled down to the fundamental questions: how do we free up more spectrum; and once we do, how do we allocate it? For Continue Reading »

The FCC Can’t Use Section 706 to Preempt State Laws Prohibiting Municipal Broadband…

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Ten years ago, the United States Supreme Court held in Nixon v. Missouri Municipal League that the Federal Communications Commission (“FCC”) may not use its authority under Section 253 of the Communications Act to preempt state laws which restrict or prohibit municipal broadband deployment.  Despite this defeat, proponents of municipal broadband have spent the last decade trying to find an alternative legal theory and, with the D.C. Circuit’s recent ruling in Verizon v. FCC, believe they now may have finally found one—namely, the FCC’s new-found authority in Section 706(a) of the Communications Act.  Section 706(a) states that the agency may Continue Reading »