I've been warning about this for several years now and liberals always find ways to pooh pooh it or divert to another subject. So, check this out: How much clearer can that be? And notice, he wants the FCC to strike down state laws! I'll repeat that – he wants the FCC to strike down state laws! What happened to states' rights? What is happening to freedom in this country? Read the full story @ http://www.nationaljournal.com/tech/obama-backs-government-run-internet-20150113
#1, The airwaves are owned by the people of the United States, not individual states. FCC has authority to override state laws that restrict access to this federal resource. #2, you realize this is a case of Obama wanting LESS regulation. #3, Why should cities be banned from building a wifi network if they want to? That's just gross interference in local affairs.
Should the federal government still have authority when the radio waves do not go far enough to cross state lines? What about when the radio station is on the border between two states, and both states do not want the federal government interfering, and the signal does not reach any other state? I thought the federal government had the Power to "regulate Commerce with foreign Nations, and among the several States". (Article I, Section 8, Clause 3) How does controlling radio signals always involve regulating commerce between states? Seems like a constitutional overreach.
Yes. The airwaves are a federal resource, not a state resource. The federal government also has the right to regulate things that are federal resources, no matter where they are located. The electromagnetic spectrum is one of those things. To give a few practical examples, a state would not be allowed to set up a radio transmitter on a frequency that interferes with another frequency. Such conflicts require federal regulation, inasmuch as a transmitter's signal may cross state lines, or may cause local interference with a national signal. Environmental regulations are another example of how the federal government has the authority to regulate common resources -- such as air and water -- regardless of which state the particular land or facility is located in.
Although I oppose state laws restricting communities from funding their own wireless networks if they want them, I don't think the FCC has the authority to do this. I mean, how could a regulatory agency override a state law? If it's an issue, these states should repeal their laws.
The administration's position is that states don't have the authority to regulate who can and cannot build such networks. Only the FCC does. If a state passes a law regulating something that it has no authority to regulate, that law is invalid and can be overridden by federal agencies. Just like when Arizona tried to get involved in citizenship enforcement.
The administration's position is wrong, and they've been told so in court at least twice. The FCC doesn't have the authority to regulate internet usage as a common carrier. If the states were pre-empting those wireless frequencies for some other purpose, then yes, that would be FCC business. But I'm unclear under what regulation or part of the FCC charter they have the authority to force states to allow municipalities to provide internet access. I grant those are bad laws, but that doesn't mean every bad law can be overridden by the federal government.
