FCC Can't Block State, Local Laws Based on Theory, NLC Says
The FCC may pre-empt state and local laws that ban broadband deployment, but the agency may not stop rules that “might inhibit” deployment, the National League of Cities wrote the agency's Broadband Deployment Advisory Committee. “Congress did not intend the…
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Commission to preempt state and local laws that make the provision of service more difficult -- just those that ban, or have the effect of banning, service provision,” said NLC's letter released Tuesday in docket 17-83. Section 253(c) and (d) stop FCC pre-empting local management of the right of way “beyond a limited scope,” the city group said. The commission can’t use Section 253 to pre-empt local authority over wireless facilities that are governed by Section 332(c)(7), it said. Market-based rent is fair and reasonable compensation, NLC said.