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The FCC's decision regarding TN and NC was highly specific to the barriers in each state. Even if the FCC is victorious in court, cities in other states would have to challenge their state's ban/barrier at the FCC. That will happen under a new FCC Chair, no idea if that FCC would make the same finding as Wheeler's did. Reclassifying Internet access as Title II has no impact on these state policies. The question at hand has to do with whether states creating onerous barriers to municipal networks is an attempt to regulate interstate commerce. The courts previously found that the '96 Telecom Act did not preempt state authority to prohibit muni networks in Nixon v. Missouri.
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Jun 21, 2016