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Update: FCC Cannot Preempt State Law Without Congress


UPDATE: 2017, FCC under new Chairman is revising Net Neutrality rules

UPDATE: On August 10th, 2016, the United States Court of Appeals for the Sixth Circuit overturned the FCC decision on municipal broadband discussed in this post, finding that the FCC does not have the authority to preempt state laws without an express directive from Congress. The case may be appealed to the United States Supreme Court as there appears to be a split in the circuits. You can read the full Sixth Circuit decision HERE.


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