The FCC has formalized its agenda for its February 26 open meeting, which will address two major broadband related items. First, the Commission will consider an order addressing petitions filed by two municipal broadband providers asking the FCC to preempt provisions of State laws in North Carolina and Tennessee that restrict the abilities of communities to provide their own broadband service. The Commission is expected to grant the petitions. Second, the Commission will vote on the Open Internet (or net neutrality) order adopting strong open Internet rules, grounded in Title II of the Communications Act and other sources of the FCC’s legal authority. Earlier this month Chairman Tom Wheeler released a preview of the net neutrality order, indicating that not only would the order invoke Title II authority over broadband but also that its new rules would fully apply to wireless broadband providers. The Commission is also expected to adopt the net neutrality order, which in turn is expected to generate lawsuits and counteractive legislative responses.
