Nine months ago, the FCC voted to peel back laws in Tennessee and North Carolina that eliminate local authority and discourage expansion of broadband investment. As was expected, both states filed appeals and those appeals were consolidated for review by the U.S. Court of Appeals for the Sixth Circuit covering Michigan, Ohio, Kentucky, and Tennessee.
It has been a long and arduous journey for the parties, their attorneys, and local authority advocates. In order to help MuniNetworks.org readers stay informed of the parties and their arguments, we gathered together a collection of resources related to the original Order and the Appeal.
- Memorandum Opinion and Order of the FCC adopted February 26, 2015 [PDF]: http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0312/FCC-15-25A1.pdf
- FCC Opinion and Order Striking Down Local Authority Limits in TN and NC: Highlights
- Podcast with Jim Baller on the decision, Episode 143 of the Community Broadband Bits Podcast
Update: On August 10, 2016, the U.S. Court of Appeals for the Sixth Circuit filed its opinion in the case. The Court reversed the FCC's ruling, restoring the state barriers in Tennessee and North Carolina. Naturally, we are disappointed, as are a number of local authority advocates. For access to the Opinon, Statements from pro-muni advocates, FCC Commissioners, and more, visit our August 10th story.
Downloads of briefs are available as attachments here.