EPB petitioned the Federal Communications Commission, asking the federal government to preempt Tennessee's law. The FCC ruled that Chattanooga could ignore Tennessee's law, but Tennessee sued. The FCC lost its case in front of the Sixth Circuit of Appeals this summer. The new strategy, Bowling says, is to repeal the 1999 law altogether, a move she is sure will be met with fierce lobbying.
Tennessee's law isn't rare: 23 states have laws restricting local governments from building their own internet services. Nearly all of these laws are carbon copies of one written by telecom lobbyists through the American Legislative Exchange Counsel, and most of them were championed by conservative lawmakers who have bought into the idea that government should not compete with private companies.