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States’ Rights Municipal Broadband Act of 2015

S. 597 · 114th Congress · Feb 26, 2015 · Lineage

A BILL

To amend section 706 of the Telecommunications Act of 1996 to provide that such section does not authorize the Federal Communications Commission to preempt the laws of certain States relating to the regulation of municipal broadband, and for other purposes.

Section 1 Short title

This Act may be cited as the “States’ Rights Municipal Broadband Act of 2015”.

Sec. 2 Sense of Congress

It is the sense of Congress that the Federal Communications Commission does not have the authority under section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) to prevent any State from implementing any law of such State with respect to the provision of broadband Internet access service (as defined in section 8.11 of title 47, Code of Federal Regulations) by such State or a municipality or other political subdivision of such State.

Sec. 3 Preservation of State municipal broadband laws

Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) is amended—
(1)
by redesignating subsection (d) as subsection (e); and
(2)
by inserting after subsection (c) the following:

“(d) Preservation of State municipal broadband laws—Nothing in this section shall be construed as authorizing the Commission to prevent the State of Alabama, Arkansas, California, Colorado, Florida, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, or Wisconsin, or any other State, from implementing any law of such State with respect to the provision of broadband Internet access service (as defined in section 8.11 of title 47, Code of Federal Regulations) by such State or a municipality or other political subdivision of such State.”