Petitions for Preemption of State Restrictions on Broadband Deployment
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: July 28, 2014
PLEADING CYCLE ESTABLISHED FOR COMMENTS ON ELECTRIC POWER BOARD AND
CITY OF WILSON PETITIONS, PURSUANT TO SECTION 706 OF THE
TELECOMMUNICATIONS ACT OF 1996, SEEKING PREEMPTION OF STATE LAWS
RESTRICTING THE DEPLOYMENT OF CERTAIN BROADBAND NETWORKS
WCB Docket Nos. 14-115 and 14-116
Comment Date: August 29, 2014
Reply Comment Date: September 29, 2014
On July 24, 2014, the Electric Power Board of Chattanooga, Tennessee, and the City of Wilson,
North Carolina (collectively, Petitioners), filed separate petitions asking that the Commission act pursuant
to section 706 of the Telecommunications Act of 19961 to preempt portions of Tennessee and North
Carolina state statutes that restrict their ability to provide broadband services. 2
The Electric Power Board is an independent board of the City of Chattanooga that provides
electric and broadband service in the Chattanooga area.3
The City of Wilson provides electric service in
six counties in eastern North Carolina and broadband service in Wilson County. 4
Both Petitioners allege
that state laws restrict their ability to expand their broadband service offerings to surrounding areas where
customers have expressed interest in these services, and they request that the Commission preempt such
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments on or before August 29, 2014 and reply comments on or before
1 Section 706 of the Telecommunications Act of 1996, Pub. L. No. 104-104, § 706, 110 Stat. 56, 153 (1996), as
amended by the Broadband Data Improvement Act, Pub. L. No. 110-385, 122 Stat. 4096 (2008), is now codified in
Title 47, Chapter 12 of the United States Code, at 47 U.S.C. § 1302.
2 See Petition Pursuant to Section 706 of the Telecommunications Act of 1996 for Removal of State Barriers to
Broadband Investment and Competition, filed by Electric Power Board, Chattanooga, Tennessee, WC Docket No.
14-116 (filed July 24, 2014) (EPB Petition); Petition Pursuant to Section 706 of the Telecommunications Act of
1996 for Removal of State Barriers to Broadband Investment and Competition, filed by City of Wilson, North
Carolina, WC Docket No. 14-115 (filed July 24, 2014) (Wilson Petition).
3 EPB Petition at 16, 20.
4 Wilson Petition at 2.
5 Id. at 1-2; EPB Petition at 1-2.
September 29, 2014, as indicated above. Comments may be filed using the Commission’s Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. Because more than one docket number appears in the caption of this proceeding, filers
must submit two additional copies for the additional docket number. Parties are strongly
encouraged to file comments electronically using the Commission’s ECFS.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to email@example.com or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.6 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
6 47 C.F.R. §§ 1.1200 et seq.
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
For further information regarding this proceeding, contact Claudia Pabo or Matt Warner of the
Competition Policy Division, Wireline Competition Bureau, at (202) 418-1595 or (202) 418-2419.
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