Today, in an address to the National Conference of State Legislatures, Mathew Berry, Chief of Staff to FCC commissioner Ajit Pai, made clear that states asking the FCC to preempt state law would violate the Constitution, and has no basis in legal precedent. 

In response, Americans for Tax Reform president Grover Norquist issued the following statement:

The bipartisan NCSL has said that it will take the FCC to court to stop any attempt by the Commission to preempt state regulation of taxpayer-funded broadband networks.  The FCC should not waste valuable time and taxpayer dollars in futile legal wrangling.  It’s none of the FCC’s business if state governments forbid cities from wasting taxpayer dollars.