On March 17th the United States Court of Appeals for the Sixth Circuit heard oral arguments in The State of Tennessee et al. v. FCC. This appeal involves a challenge to the FCC’s March 2015 order that preempted certain provisions of Tennessee and North Carolina state laws, which impose restrictions on the deployment of municipal broadband services. The Sixth Circuit will determine whether the FCC has the power to intervene and define the relationship between state and municipal governments when it comes to providing these services. Our expert discussed the FCC’s order, the parties’ arguments, and the takeaways from the oral argument.
- Raymond L. Gifford, Wilkinson Barker Knauer LLP