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House considers bill to keep broadband regulation at federal level; members voice concerns about gaps
Summary
House Bill 11,36 would clarify that broadband remains under federal regulation (FCC) and not the Tennessee Public Utility Commission. Supporters said it avoids state duplication; critics warned that federal flux could leave a regulatory vacuum and harm consumer protections.
The Tennessee House debated House Bill 11,36, a bill clarifying that broadband Internet access services should remain regulated by the Federal Communications Commission rather than the Tennessee Public Utility Commission, regardless of how federal classification of broadband (Title I vs. Title II) changes.
Chairman Boyd, sponsor of the measure, said the law “simply clarifies that no matter where this lands at the federal level, we expect the FCC to regulate it, not the state of Tennessee,” and that the bill removes an obsolete reporting requirement. He said the change avoids ambiguity about which regulator has authority if federal classifications shift.
Representative Clemens and other members questioned whether relying entirely on federal regulators was prudent given potential changes in federal leadership or vacuums in enforcement. Clemens said he was “a little… afraid that if there is a gap in regulation or a gap in facilitation of the business industry” the state could be left without recourse.
Representative Bain, who has worked on rural broadband organizing, warned the bill “would strip local and state governments of their ability to regulate broadband policies” and said she feared it favored large telecom providers over local public-interest approaches. Other speakers, including Representative Bang, asked whether the bill would block consumer protections such as fair pricing and reliability; Chairman Boyd said such protections would be handled at the federal level.
The House adopted a committee amendment that rewrote the bill and then voted on third consideration. The clerk announced the roll-call tally as 71 yeas and 18 nays. Several members asked that legislative history make clear the entities defined in state code are not being converted into telecommunications service providers under Tennessee law.
Floor debate centered on balancing the desire to avoid duplicative regulation with concerns about relying on federal enforcement and preserving options for future state action. The sponsor said the body could revisit state regulation in a future session if necessary.
