Congressional leaders reacted to a U.S. Court of Appeals ruling on Wednesday that overturned an FCC decision to preempt state restrictions on municipal broadband networks.
U.S. Sen. Deb Fischer (R-NE) led a letter in December that raised concerns about FCC orders to preempt state laws regulating government-owned broadband networks in Tennessee and North Carolina.
Fischer argued that the FCC should not impinge on state decisions about fiscal and economic policy.
“(Thursday’s) Sixth Circuit Court ruling addressed the FCC’s brazen overreach on municipal broadband,” Fischer said. “States are best positioned to understand the unique needs of their citizens and protect taxpayers from wasteful spending. The court’s decision upholds states’ rights to develop and implement their own fiscal and economic policies. Importantly, the ruling will also ensure that the FCC works with, not around, Congress as we to strive to deploy broadband across America.”
U.S. Reps. Fred Upton (R-MI), the chairman of the House Energy and Commerce Committee, and Greg Walden (R-OR), the chairman of the Subcommittee on Communications and Technology, said in a joint statement that the court made the correct decision.
“The FCC’s regulatory overreach was not only ill-conceived but illegal, and this direct rebuke should serve as yet another wake up call for the commission to heed the limits of its authority,” Upton and Walden said. “States have been and will continue to be best suited to determine whether municipalities should build out broadband networks using tax-payers’ dollars. The FCC should refocus its efforts on promoting private investment in broadband deployment, embracing the will of states and their citizens.”