Tennessee v. Federal Communications Commission

832 F.3d 597 (2016)

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Tennessee v. Federal Communications Commission

United States Court of Appeals for the Sixth Circuit
832 F.3d 597 (2016)

Facts

Both Tennessee and North Carolina law authorized municipalities to offer cable and Internet services within their service areas. Under that authority, both Chattanooga, Tennessee, and the City of Wilson, North Carolina (collectively, the cities) provided broadband services to residents and businesses living or operating in their respective municipal areas. The neighborhoods surrounding both cities lacked Internet service of similar quality, prompting residents to request that the cities expand their service areas. The cities, however, were limited by state statutes that prohibited or severely limited a municipality’s expansion of its telecommunications offerings beyond the municipality’s geographic boundaries. The Federal Communications Commission (FCC) (defendant), which was charged with removing barriers to broadband service, issued an order purportedly preempting the respective state statutes imposing limitations on expansion, effectively placing decisions about expansion of municipal offerings in the hands of the municipalities themselves. Tennessee and North Carolina (plaintiffs) challenged the FCC’s order, arguing that it exceeded the FCC’s authority.

Rule of Law

Issue

Holding and Reasoning (Rogers, J.)

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