Tennessee has continued its fight against a city that wants to expand municipal broadband service, arguing in a legal brief that the Federal Communications Commission can’t preempt state laws that limit the rights of cities and towns to offer Internet access.
In a brief filed Friday in a federal appeals court, Tennessee argued that states have an “inviolable right to self-governance,” which means that a state may delegate powers to its political subdivisions—i.e. cities and towns—as it sees fit. The brief was in support of the lawsuit Tennessee filed against the FCC in March, shortly after the commission voted to preempt the broadband-limiting state law.
“Far from being a simple matter of preemption, as the FCC claims, this intervention between the State and its subordinate entities is a manifest infringement on State sovereignty,” Tennessee’s lawyers wrote Friday.