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e c vt i r e Di r e c t o r

July 22, 2014



1he lonorable 1homas \heeler
Chairman
lederal Communications Commission
445 12th Street, S.\.
\ashington, D.C. 20554

Dear Chairman \heeler:

On behal o the National Conerence o State Legislatures ,NCSL,, we write to express our opposition to
your recent remarks articulating your desire to preempt state laws regulating taxpayer unded broadband
networks. As you consider your course o action on this matter, we encourage you to heed the principles o
ederalism and caution you o the numerous decisions by the United States Supreme Court with regard to the
relationship between the state and its political subdiisions. 1his is a undamental tenet o state goernment
and NCSL will challenge the constitutionality o any action on the part o the lederal Communications
Commission ,lCC, seeking to diminish the duly adopted laws o the impacted states or preent additional
states rom exercising their well-established rights to goern in the best interests o the oters.

Aside rom the Constitutional challenges, such an attempt disregards the countless hours o deliberation and
otes cast by locally elected lawmakers across the country and supplants it with the impulses o a ie-
member appointed body in \ashington, D.C.. As you have conceded previously, I understand that the
experience with community broadband is mixed, that there have been both successes and failures. Your
words in mind, is it that unreasonable policymakers in 21 states hae responded by enacting saeguards on
municipal networks to mitigate the pitalls associated with entry

State legislators understand the transormatie power o broadband. \e hae considered and adopted
numerous measures promoting deployment by encouraging competition in the marketplace as well as public-
priate partnerships. \e share the aspiration that eery American hae access to broadband and look
orward to working cooperatiely with you and the lCC to moe the needle on this important endeaor.

\e appreciate the opportunity to communicate the iews o our colleagues across the country. Should you
hae any questions, please contact James \ard in our \ashington, D.C. oice at 202-624-8683 or
james.wardncsl.org"
Sincerely,



Senator Bruce Starr Senator Debbie Smith
Oregon Senate Neada Senate
President, NCSL President-Llect, NCSL