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State Of Tennessee Sues The FCC For Daring To Step In And Block Its Law Blocking Muni-Broadband

Broadband

from the fighting-against-consumer-interests dept

Tue, Mar 24th 2015 6:11am — Mike Masnick
Apparently the state of Tennessee really doesn't want its citizens to have good, competitive broadband. While the FCC's net neutrality rules keep getting all the attention, as we've discussed, in the long run it may be a bigger deal that the FCC (the same day it released the net neutrality rules) also started dismantling protectionist state laws that block municipal broadband. Those laws -- almost all of which were written directly by big broadband players afraid of competition -- make it close to impossible for local municipalities to decide that they're going to set up true competitors. The FCC preempted two such state laws, including in Tennessee, where one super successful municipal broadband project, in Chattanooga, wanted to expand to other nearby places. However, Tennessee's law blocked this.

We already noted that Rep. Marsha Blackburn was trying to pass legislation that would block the FCC's efforts here, but the state of Tennessee has taken it up a notch and sued the FCC over the rules. You will notice that the arguments used by the state of Tennessee are almost verbatim identical to the lawsuits we wrote about yesterday, challenging the FCC's net neutrality rules:
The State of Tennessee, as a sovereign and a party to the proceeding below, is aggrieved and seeks relief on the grounds that the Order: (1) is contrary to the United States Constitution; (2) is in excess of the Commission's authority; (3) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; and (4) is otherwise contrary to law.
Yes, this is almost word-for-word identical to the claims made about the net neutrality rules and is basically the standard language to challenge any FCC ruling.

But here's the larger question: if you're a resident of Tennessee who likes having fast, affordable, competitive broadband, are you happy about your tax dollars being used to sue the FCC in an effort to uphold a law written by the big broadband players, focused on blocking such competition? It seems like the current Tennessee Attorney General, Herbert Slatery, has painted a giant target on his back for a challenger who actually wants to support the public in Tennessee.
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Filed Under: chattanooga, fcc, marsha blackburn, muni broadband, municipal broadband, pre-emption, tennessee

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  • icon
    Jessie (profile), 24 Mar 2015 @ 6:17am

    Well, this is just great. They could be using this money to keep lobbying for taking away our employee benefits. Don't they know what is important?

    [ link to this | view in chronology ]

  • icon
    DannyB (profile), 24 Mar 2015 @ 6:26am

    Mike, why don't you want the legislators of Tennessee to be able to drive expensive cars and send their children to expensive private schools? What kind of agenda do you have against them? Please consider that if they were to allow the citizens of Tennessee to have excellent municipal broadband for free or reasonable prices, then the flow of money to the legislators would stop. Doesn't that seem unfair to you? Please consider the poor legislators' plight.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 24 Mar 2015 @ 9:18am

      Re:

      I enjoy a good jab at politicians, they deserve it more than most. One thing I'd like to point out, though, is the misconception that the money put into politics is simply paid to the legislators. Speaking very generally here, the money goes to two places, with a third sneaky route.

      First, money is contributed to an election campaign or to a political party. Legislators know that money wins elections, so they are always desperate to have the biggest campaign fund. This usually happens through a PAC. The Citizens United decision was a disastrous event that allowed unlimited spending by special interests on elections through PACs.

      The second route the money takes is through lobbyists. These firms spend gobs of money to buddy up to legislators and then flood them with a specific narrative. They carefully calculate methods to ensure their targets hold the desired beliefs. In addition to influencing the way the legislators think, the lobbyists are also known to write laws themselves to be handed to friendly legislators.

      There is a third, less direct method known as the "revolving door". In this arrangement, work in the government on behalf of a company is rewarded with a high paying job when public service ends.

      The solution to all of this, of course, is to remove money from politics. The sad truth is that all of these things are legal and they are very entrenched by powerful interests. Money talks, as the saying goes, and the people walk.

      [ link to this | view in chronology ]

    • icon
      orbitalinsertion (profile), 24 Mar 2015 @ 9:02pm

      Re:

      You advocate the wrong kinds of Socializmz. The kinds we decry as Socialism, (which has an embedded exclamation point) with our spittle-flecked mouths. Not the other kinds, which we emphatically deny are any kind of socialism at all. Because reasons.

      [ link to this | view in chronology ]

  • icon
    Geno0wl (profile), 24 Mar 2015 @ 6:36am

    Single Issue voters

    Tenn. voters, just like almost every single state voters, tend to be single issue voters. That is just how our political system works, especially in our more extreme gerrymandered ways.
    And people DO NOT focus on the "day to day" things that ACTUALLY MATTER. They focus on the big scary things that Politicians sell them. Like "government taking away our guns" or "government trying to take your right to vote away".
    At the end of the day you can shout about "X party/person is screwing your whole state" but since that is the party of "X Issue" they support that is more important to them...nothing will change.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 24 Mar 2015 @ 8:04am

      Re: Single Issue voters

      but it IS effective right?

      Politicians do not give a shit! They just want to win, so they will play the game.

      Contrary to popular believe, you CAN fool most of the people most of the time. Politics is clear proof of that one.

      [ link to this | view in chronology ]

  • icon
    The Mighty Buzzard (profile), 24 Mar 2015 @ 6:44am

    As a soon to be resident

    As a soon to be resident of TN, I hope they lose soon. I'm stuck with a 12Mb connection when the muni broadband one town over offers 60Mb connections including phone service for roughly the same price.

    [ link to this | view in chronology ]

  • identicon
    Bengie, 24 Mar 2015 @ 6:45am

    State rights

    Don't you dare take away State's rights to take away people's rights.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 24 Mar 2015 @ 6:55am

      Re: State rights

      How about this for a solgan:

      The fight for the right to take away rights!

      The above can go in many different directions. Is it the fight to take away the rights of ISPs or a fight to take away the rights of consumers or is it a fight to take away the rights of states to take away rights of those who want to take away rights...

      Who is right?

      [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 24 Mar 2015 @ 7:48am

      Re: State rights

      This is actually a good thing.

      The States have a literal Power Granted that allows them to trump the Federal Government in EVERYTHING except constitutional issues.

      It just does not happen a lot because most do not know that the flow of money turns a lot of your state reps into the bigges wusses you have ever seen.

      I live in Texas, even Rick Perry squeeked like the little bitch he is against ACA aka Obamacare. But he dared not do anything against it for realzies because a lot of money is involved with federal funding.

      If you just take a serious look at how the money does flow, you will quickly see why all of the power resides in Washington, and the moment a state tries to flex their own muscle, shit like FEMA denying funds to global warming deniers.

      How does that sit with you? Federal government saying "believe what I tell you or else", sound familiar? Yes, Science is nothing more than another religion now. Sure just like every other church there are the true believers, fundamentalists, and then there are fucking whacko's... and let me tell you the church of whacko science has been in full tilt for a while.

      Saddly, science advances jut like everything else... one funeral at a time. Humans just will never resist trying to control one another because we are all dirt, filthy stinking prejudicial scum.

      [ link to this | view in chronology ]

      • icon
        Geno0wl (profile), 24 Mar 2015 @ 8:11am

        Re: Re: State rights

        Science is nothing more than a religion now?
        you and I have a vastly different understanding of science literature then.

        [ link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Mar 2015 @ 8:35am

          Re: Re: Re: State rights

          Naw... the difference in our understanding is that Science should be the pursuit of information, knowledge, and factual findings, AND separate from the "Science and Religion" are at odds fundamentalists.

          Global Warming? Yes, it looks to be the case. The True Cause? Yea that is part could be pure pseudo BS... There is just not enough information coupled with the fact that I cannot trust them.

          Trust Science I do, but not THEIR science. History has proven that at the end of the day corruption just will not stay away... and now that politics are involved... it has damaged the "brand" more than anything else.

          IS global warming caused by Man? Maybe, but the same problem exists here... just like back in the day when Fat was vilified. The science just is not conclusive, and if you believe it is... then you are a fundie nut bag, or you lack serious understanding of technology and the meteorological sciences. We fundamentally LACK the technology necessary, if it foolish to believe we know more than we do, that is pure hubris and leads many to failure.

          [ link to this | view in chronology ]

          • identicon
            Anonymous Coward, 24 Mar 2015 @ 8:47am

            Re: Re: Re: Re: State rights

            IS global warming caused by Man? Maybe, ...

            It's us. You don't have to trust me, you can look it up.
            The isotope of Carbon that is rising at rates never seen before only comes from fossil fuels. Volcanoes belch a different isotope of Carbon as does our exhaling.

            [ link to this | view in chronology ]

            • identicon
              Anonymous Coward, 24 Mar 2015 @ 9:00am

              Re: Re: Re: Re: Re: State rights

              Correlation does not equal Causation. Further more there is evidence that also supports the opposite effect as well.

              Not sure if you understand that science.

              Earth is too damn big to know with our technological capabilities, including the fact that just using one single chemical as a foundational proof is stupid. You forget one a famous law! For every reaction... there is...

              We live in an insanely complex ecosystem. A single chemical is not enough to set the balance off by a large degree, we have a lot of processes that help counter balance shit.

              We are literally screaming over small changes in temp and threatening to destroy economies. If this is all the proof you needed, no wonder idiots like you burned witches at the stakes (even though that is not real either)! It does not take much to fool you. There is NOTHING conclusive about any of it, and science has always been about having nay sayers around... and even when some of them are fucking stupid... they are still necessary because it may still cause improvements to a wholesomely correct but only slightly flawed finding.

              The idea that putting them under economic strain is no different than saying minorities should be not give any assistance.

              Its fucking stupid to do this to people just because you disagree with them! THAT is what makes you NO DIFFERENT than the people that enslaved other, or treat them like crap just because you "believe" differently.

              [ link to this | view in chronology ]

              • identicon
                Baron von Robber, 24 Mar 2015 @ 9:28am

                Re: Re: Re: Re: Re: Re: State rights

                You must be a singularity of stupid. You know we are the only nation that is arguing about this. The rest of world looks at us and goes, "What the fuck is wrong with you?"

                You have no clue what science is. You use the word "theory" as if it meant "guess". I don't berate you because you are different, I berate you because you argue from ignorance.

                [ link to this | view in chronology ]

            • identicon
              jackn, 24 Mar 2015 @ 1:03pm

              Re: Re: Re: Re: Re: State rights

              and if its not man, I am sure Earth will cut us some slack because it wasn't our fault.

              [ link to this | view in chronology ]

        • icon
          DannyB (profile), 24 Mar 2015 @ 9:32am

          Re: Re: Re: State rights

          > Science is nothing more than a religion now?

          Uh, No.

          Science is politics. To believe otherwise is heresy!

          [ link to this | view in chronology ]

      • identicon
        Anonymous Coward, 24 Mar 2015 @ 8:16am

        Re: Re: State rights

        "The States have a literal Power Granted that allows them to trump the Federal Government in EVERYTHING except constitutional issues."

        On paper, yes. In reality, no. It would take nothing less than an all-out armed revolution for any state to regain its Constitutional rights.

        Texas is the one and only state that, having joined the union by treaty, has the right to secede. But once again, only on paper. The last time (and only time) Texas dared to exercised that right, Washington answered with bullets and bombs -- which would be not too different from the kind of answer returned today.

        In short, Washington rules by force, not by Constitutional authority. And as for the issue of "consent" -- it all comes down to being bribed with our own money. Do you want some of it back? Yes? Now you've consented!

        [ link to this | view in chronology ]

      • identicon
        Baron von Robber, 24 Mar 2015 @ 8:21am

        Re: Re: State rights

        shit like FEMA denying funds to global warming deniers.

        How does that sit with you?

        I love it! Shit heads like deniers should be tied to stakes at the rising sea levels so they can drown in their own delusions, while the rest of us deal with their stupidity.

        [ link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Mar 2015 @ 8:34am

          Re: Re: Re: State rights

          Literal metaphor! I love it.

          [ link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Mar 2015 @ 8:45am

          Re: Re: Re: State rights

          Yes, sound good, but you will be the one tied to stake.

          Once you are okay with it happening to the people you hate, then it starts to happen to the people you love.

          It's funny how stupid you are, despite having a wealth of history.

          First they came for them... and you did not complain, even thought it was great because YOU are not one of them... fully supporting the laws and corruption because it served your purposes.... but then it came for you... and low... were you sad because your own hypocrisy has crushed you in your ignorance!

          http://en.wikipedia.org/wiki/First_they_came_...

          [ link to this | view in chronology ]

          • identicon
            Baron von Robber, 24 Mar 2015 @ 8:51am

            Re: Re: Re: Re: State rights

            That's the most eloquent way of saying, "That's what you are, so what am I?" I've seen.

            Really? Fucking up the whole planet is just a 'boo boo' for ourselves? "Oops, sorry, I didn't mean to starve millions in the future because I refused to see what science was saying and the bread baskets all dried up. And lets not go into the economies of the world having to deal with lost cities underwater."

            [ link to this | view in chronology ]

            • identicon
              Anonymous Coward, 24 Mar 2015 @ 9:14am

              Re: Re: Re: Re: Re: State rights

              The Earth changes and we adapt. It was changing before industry, and it will change long after we are gone.

              Civilization has endured more doomsday theories than the days you have been alive. They never stop and the fucking doomsday clock has been nothing other than threatening the "End is Nigh" all the damn time. You guys just need to chill the fuck out. There is never going to be an end to the problem that humanity faces, but using them to justify the abuse of a class of people that just "believe differently"?

              We are the start and end of all of our problems... always have been, always will be. The Politics.. they love global warming because its a problem they can drum up into a big issue to get suckers like YOU to give up their liberty for it.

              I would much rather deal with a rising tide than a government that has decided how I need to live my life and what my local municipality can or cannot do with their telecoms! Those guys voted in their elected officials... leave them be, the can vote them out when they are done... YOU don't need to go stomping around on them and telling them how it should be done!

              Other than myself... it looks like almost NO ONE believes in liberty anymore. You all want government to tell everybody and everything WHAT TO DO!

              Remember history people... when this gets out of hand... people do die for it. If not in by insurrection, they they die at the hands of their very own oppressive governments.

              [ link to this | view in chronology ]

              • identicon
                Baron von Robber, 24 Mar 2015 @ 9:20am

                Re: Re: Re: Re: Re: Re: State rights

                "The Earth changes and we adapt."
                I was just telling my pet dinosaur that the other day.

                No, you didn't read that part that CO2 levels are rising at levels never seen before. And that molecule traps energy.

                If you think you can adapt fast enough, fine, but plants like fruits and vegetables won't. Like the kind we have called "farms". Have you heard of those?

                [ link to this | view in chronology ]

                • identicon
                  Anonymous Coward, 24 Mar 2015 @ 9:45am

                  Re: Re: Re: Re: Re: Re: Re: State rights

                  "No, you didn't read that part that CO2 levels are rising at levels never seen before. And that molecule traps energy."

                  Actually, they have been thousands of times higher and lower throughout the eons. In fact, plant life and oxygen wouldn't have existed without high concentrations of Co2.

                  Also, 1999 called to tell you that the correlation between Co2 levels and temperature officially deviated from one another. (you know, that hockey stick graph that you guys always scream about) And expect a call from 2013 in a moment to notify you that the global temperature averages have plateaued.

                  "If you think you can adapt fast enough, fine, but plants like fruits and vegetables won't. Like the kind we have called "farms". Have you heard of those?"

                  Say that to the deserts and phytoplankton that are blooming almost out of control as a result of higher concentrations of Co2. (yes, the planet has natural mechanisms in place for dealing with rising Co2 concentrations)

                  Didn't you take Biology 101 in high school?

                  Here's how it works:

                  http://s.hswstatic.com/gif/irrigation-photosynthesis.gif

                  [ link to this | view in chronology ]

                  • identicon
                    Baron von Robber, 24 Mar 2015 @ 10:06am

                    Re: Re: Re: Re: Re: Re: Re: Re: State rights

                    "Actually, they have been thousands of times higher and lower throughout the eons."

                    Really, thousands of times higher? Well let's see.

                    From http://en.wikipedia.org/wiki/Carbon_dioxide_in_Earth%27s_atmosphere

                    "Carbon dioxide (CO2) is an important long-lived trace gas in Earth's atmosphere currently constituting about 0.04% (400 parts per million) of the atmosphere. Due to human activities, the present concentration of CO2 in Earth's atmosphere is the highest in the past 800,000 years,[1] and likely the highest in the past 20 million years.[2]"

                    So at the very least, as you say 1000x more would be 400,000 ppm.

                    Would you mind citing an article that says our Earth's atmosphere had CO2 at 400,000ppm or greater in the past?

                    PS, you're not Gish Galloping away from this one.

                    [ link to this | view in chronology ]

                    • identicon
                      Anonymous Coward, 24 Mar 2015 @ 10:24am

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: State rights

                      Sorry, hundreds of times higher than they are now. Search Cambrian explosion co2 levels. During that period, Co2 levels were at 6000 ppm.

                      Regardless, your 'gish gallop' on Co2 concentrations and how plant life adapts is completely false - which I corrected.

                      Fyi, it's wise to not quote anything from Wikipedia let alone anything having to do with the climate. Have ever looked at the change history? It's a mess...

                      [ link to this | view in chronology ]

                      • identicon
                        Anonymous Coward, 24 Mar 2015 @ 10:41am

                        Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: State rights

                        Meant to add that anything before the Cambrian explosion was hundreds of times higher and the correlation of dropping Co2 levels and the beginning of life seem to be closely related.

                        All in all, the deregulation of environmentally destructive industries needs to stop. They are after all the ones who are systematically destroying the natural mechanisms that are in place for regulating co2 levels. From deforestation, to dead zones ,such as the Gulf of Mexico, to GMOs that are killing the insects (honey bees) that are needed for pollination. They're the ones that must pay.

                        [ link to this | view in chronology ]

                      • identicon
                        Baron von Robber, 24 Mar 2015 @ 10:45am

                        Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: State rights

                        My bad, I thought I said fruits & vegetables, not plants.

                        While they are a subset, they are not all. If you want Sumac Soup for lunch, eat my guest.

                        Now 6000ppm during the Cambrian didn't come about because of fossil fuel burning. But it sure is now and NEVER at rates like the way it's shooting up now.

                        http://en.wikipedia.org/wiki/File:Carbon_Dioxide_400kyr.png
                        http://upload.wikimedia.org/wikipedia /commons/3/3c/Evidence_CO2.jpg

                        At at those rates, we will pass 6000ppm easily.

                        [ link to this | view in chronology ]

              • identicon
                Anonymous Coward, 24 Mar 2015 @ 10:03am

                Re: Re: Re: Re: Re: Re: State rights

                "Civilization has endured more doomsday theories than the days you have been alive."

                Not to mention, civilization has only been around for 2% of human existence.

                [ link to this | view in chronology ]

                • identicon
                  JustSomeGuy, 24 Mar 2015 @ 10:30pm

                  Re: Re: Re: Re: Re: Re: Re: State rights

                  And humans have been around for only three-fifths of bugger-all of the time that LIFE has endured here.

                  It's life that will survive any catastrophe short of dispersing the entire planet in golfball-sized pieces across the galaxy. Just as it has survived the many mass extinction events in the past.

                  [ link to this | view in chronology ]

      • icon
        John Fenderson (profile), 24 Mar 2015 @ 8:23am

        Re: Re: State rights

        "Yes, Science is nothing more than another religion now"

        If you actually believe this, then you don't have the first clue what science actually is. Hint: it's the exact opposite of religion. Religion is believing things on faith. Science is believing things based on evidence. Also, the "things" are different. Science tends to address the questions of "what" and "how", religion tend to address the question of "why".

        The only similarity between the two is that neither is infallible. But science is self-correcting.

        [ link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Mar 2015 @ 8:42am

          Re: Re: Re: State rights

          Yes, Science should be the opposite, while also not being opposed, however... if you look at the science now, and do not see the stupid fundamentalism, then I am more worried about you and your friend named logic... its a shame, but he might not be your friend.

          You just cannot trust anything when this level of political bullshit is flying around. This is an exact reason why the world if falling apart.

          This is the same bullshit science scenario that went down when we vilified Fat! and started loading the fuck out of everything with sugar. Here is a hit, it all happened because of a stupid fucking politician!

          And despite KNOWING that politicians are dumber than the rocks they stand on, you are okay with it? You know as well as I do they could never understand the science yet we still as them to make decisions on it. That my friend is the real stupid about all of this.

          That is why someone said they would rather tend to the inconveniences of TOO MUCH freedom than that of too LITTLE!

          [ link to this | view in chronology ]

          • icon
            John Fenderson (profile), 24 Mar 2015 @ 8:48am

            Re: Re: Re: Re: State rights

            "You just cannot trust anything"

            A fundamental component of science is that "trust" is not desirable or necessary.

            [ link to this | view in chronology ]

            • identicon
              Anonymous Coward, 24 Mar 2015 @ 9:05am

              Re: Re: Re: Re: Re: State rights

              > A fundamental component of science is that "trust" is not desirable or necessary.

              True in theory. In practice, trust must be extended simply because we simply don't have time in our lives to prove everything from first principles again. That trust often gets called "established fact".

              Case in point: Vaccines. You trust the theory behind vaccines because numerous studies in the past have verified the results. You trust those studies rather than making a new one. You trust the facts those studies relied on (eg "existence of virii") for the same reason. And so on.

              And when the Cosmic Aliens whip away the curtain and say "gotcha! Those fossils were planted!", there'll be a lot of facts that suddenly have to be reexamined in light of new data. And a lot of people upset that the trust they placed in those facts was misplaced.

              [ link to this | view in chronology ]

              • identicon
                Baron von Robber, 24 Mar 2015 @ 9:15am

                Re: Re: Re: Re: Re: Re: State rights

                But that's not much of a 'trust'. I trust the engineers did their job in constructing roads because I drive on them everyday.

                At any time, a scientist can try to reproduce another scientist's experiment/observations to see if they are the same.

                The ones caught cheating, tend to lose their careers (don't you wish the same would happen to politicians?). Some have even committed suicide, it's so serious.

                So it's not much of a trust. Part of science is that any theory is that it's peer reviewed and is reproducible.

                [ link to this | view in chronology ]

              • icon
                John Fenderson (profile), 25 Mar 2015 @ 10:33am

                Re: Re: Re: Re: Re: Re: State rights

                What Baron von Robber said. Also,

                "And when the Cosmic Aliens whip away the curtain and say "gotcha! Those fossils were planted!", there'll be a lot of facts that suddenly have to be reexamined in light of new data. And a lot of people upset that the trust they placed in those facts was misplaced."

                We may mean different things by "trust", I suppose. If what you said actually happened, I don't see how anyone's "trust" was misplaced. Trust != faith.

                I think you're misunderstanding the process of science. There have been many, many times when widely-accepted hypotheses have been found faulty even though they had been generally accepted for decades or hundreds of years.

                That doesn't mean, however, that the original hypothesis was suddenly rendered useless or that anyone's trust in it was misplaced. It means that the understanding of reality was redefined. A classic example is with relativity theory. Before that, Newtonian theory was the king. However, that relativity became a thing didn't suddenly mean that Newtonian physics was false. Only that it was incomplete.

                By the way, these massive shifts in the understanding of reality are a feature of science, something to be celebrated. They are indicative that science is something that you can, in fact, generally trust -- because omissions and errors are eventually discovered and hypotheses get refined.

                The reason that happens is because science is not based on trust at all, but on the fact the opposite. No scientist trusts the results of other scientists. They actually test things for themselves.

                If you have a special topic that you feel is being misunderstood by the current set of generally accepted hypotheses, you can test them for yourself. If you can demonstrate a flaw, you will not only advance mankind's knowledge, but you will be praised by the scientific community and perhaps even get rewarded with recognition and grant money.

                This, too, is a critical part of the scientific process.

                [ link to this | view in chronology ]

                • identicon
                  Baron von Robber, 25 Mar 2015 @ 11:16am

                  Re: Re: Re: Re: Re: Re: Re: State rights

                  Exactly! In the case of Newton's Laws of Gravity, it stood as was for many centuries because it described our planets motions very well.
                  But over time, they noticed that mercury's orbit wasn't exactly as Newton's Laws predicted.

                  From http://en.wikipedia.org/wiki/Mercury_%28planet%29
                  "Advance of perihelion
                  Main article: Perihelion precession of Mercury
                  In 1859, the French mathematician and astronomer Urbain Le Verrier reported that the slow precession of Mercury's orbit around the Sun could not be completely explained by Newtonian mechanics and perturbations by the known planets. He suggested, among possible explanations, that another planet (or perhaps instead a series of smaller 'corpuscules') might exist in an orbit even closer to the Sun than that of Mercury, to account for this perturbation.[86] (Other explanations considered included a slight oblateness of the Sun.) The success of the search for Neptune based on its perturbations of the orbit of Uranus led astronomers to place faith in this possible explanation, and the hypothetical planet was named Vulcan, but no such planet was ever found.[87]

                  The perihelion precession of Mercury is 5600 arcseconds (1.5556°) per century relative to Earth, or 574.10±0.65 arcseconds per century[88] relative to the inertial ICFR. Newtonian mechanics, taking into account all the effects from the other planets, predicts a precession of 5557 arcseconds (1.5436°) per century.[88] In the early 20th century, Albert Einstein's general theory of relativity provided the explanation for the observed precession. The effect is small: just 42.98 arcseconds per century for Mercury; it therefore requires a little over twelve million orbits for a full excess turn. Similar, but much smaller, effects exist for other Solar System bodies: 8.62 arcseconds per century for Venus, 3.84 for Earth, 1.35 for Mars, and 10.05 for 1566 Icarus.[89][90]"

                  I've seen and used one Einstein's equation. It's Newton's but with an additional formula that comes into play when one of the masses is large.
                  Basically Newton is still useful, but when large masses, long distances or long times are involved, Einstein is more needed.

                  [ link to this | view in chronology ]

            • identicon
              Anonymous Coward, 24 Mar 2015 @ 9:20am

              Re: Re: Re: Re: Re: State rights

              A fundamental component of science is that "trust" is not desirable or necessary.

              So, do you support the science that says certain minorities are not human?

              You know... back in the day... they used science to classify all sorts of things... and it was *ahem* just accepted.

              Luckily the science later revealed that science just exactly the kind of bullshit it was. However... they type of science just keeps coming around.

              And just like here... as terrible as it may be for the Muni-Broadband blocking laws... the FCC does not have an explicit right to step on it. Sure they can say they do not agree, but States-Rights do in fact trump the power of the FCC and just about every other Federal Agency to boot. The ONLY thing a state cannot trump is a constitutional issue that the Feds are required to enforce even against the states. Not sure telecom rises to that level.

              [ link to this | view in chronology ]

              • identicon
                Baron von Robber, 24 Mar 2015 @ 9:31am

                Re: Re: Re: Re: Re: Re: State rights

                "So, do you support the science that says certain minorities are not human?"

                Yea they were Bible thumping fuckheads. But anybody today, that understands science and especially, evolution, KNOWS you need diversity to survive as a species.

                [ link to this | view in chronology ]

      • identicon
        Anonymous Coward, 24 Mar 2015 @ 8:54am

        Re: Re: State rights

        dont forget hitler and the children. And ebola too.

        [ link to this | view in chronology ]

  • identicon
    avideogameplayer, 24 Mar 2015 @ 6:50am

    I've got a feeling this is gonna be the first of many lawsuits...

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 24 Mar 2015 @ 7:04am

    Question

    I'm no lawyer but at this point, is it possible for municipalities like Chattanooga to sue those who are suing the FCC to prevent them from succeeding?

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 24 Mar 2015 @ 7:07am

    the stench of rotten government in Tennessee

    Forgive me for mixing a Cushing issue with a Bode issue, but I just wanted to point out that Tennessee appears to be one of the most corrupt states in the country when it comes to civil asset forfeiture abuse.

    http://www.jrn.com/newschannel5/news/newschannel-5-investigates/policing-for-profit

    [ link to this | view in chronology ]

  • identicon
    TMC, 24 Mar 2015 @ 7:13am

    Arguments

    I can't view the indexed filing being Scribd is a big pile of shit, but I'm guessing the phrase "commerce clause" doesn't appear anywhere therein?

    [ link to this | view in chronology ]

  • icon
    Padpaw (profile), 24 Mar 2015 @ 7:56am

    more than just the judges in the pocket of the big companies it seems.

    I view politicians that take bribes as traitors. They are selling out their country for their personal interests. It might be an American company today, but if they are selling out now why not to a foreign interest tomorrow.

    [ link to this | view in chronology ]

  • icon
    jupiterkansas (profile), 24 Mar 2015 @ 8:15am

    There's Marsh Blackburn again. Let's see, four of her top 10 contributors are...

    AT&T $25,000
    Comcast $20,000
    National Cable & Telecommunications Association $20,000
    Verizon $15,000

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 24 Mar 2015 @ 8:16am

    Follow the money.,some or all high ranking elected official(s) are getting their pockets lined.

    [ link to this | view in chronology ]

  • icon
    Robert (profile), 24 Mar 2015 @ 9:05am

    2 years @ Boom

    These are the very reason our Republican Voters will finally be able to she everything true about them. Once Obama is gone, and he did a great job, what will Voters in these red States do?
    It's been a great 6 years for Republicans to say that the black is evil and stupid stuff like that, and I hope that they see that Congress don't care about God or abortion, they rather spend our tax money on killing people, and I am quite sure Jesus didn't preach hare, kill, so I would want to be as far away as possible from a Republican congressman come judgment day.

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 24 Mar 2015 @ 9:07am

    I Want Google Fiber

    Funny. When Google Fiber moves in, suddenly Cox and Comcast start testing and deploying 1000MB service. What? I thought that was too expensive for them to upgrade. Hmmm...

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 24 Mar 2015 @ 12:31pm

    When I moved to Tennessee a year and a half ago, my choices for broadband were Comcast or nothing. After they missed three separate install windows, I cancelled and have been without home internet for the last year and a half. Fuck the legislature.

    [ link to this | view in chronology ]

  • identicon
    JustSomeGuy, 24 Mar 2015 @ 10:20pm

    Article 1, section 8.

    Is Tennessee a member of the United States? I would think so.

    Surely then, they've signed over all rights to Congress regarding interstate commerce, no?

    Or are they claiming that the residents of their fine state don't actually use the internet beyond the state's borders?

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 25 Mar 2015 @ 12:18pm

      Re: Article 1, section 8.

      ... interstate commerce...
      You're off-topic.

      This discussion is about global warming, or science, or Newton, or something... maybe underwater nuke plants...


      ( Ars Technica, in its story, at least linked to a copy of Tennessee's complaint which attached Exhibit A: The FCC Memorandum Opinion and Order which is at issue. Perhaps that's why the discussion over there is not about... underwater nuke plants. )

      [ link to this | view in chronology ]

  • identicon
    artcat742, 25 Mar 2015 @ 12:45pm

    As a Chattanooga resident....

    I feel this is absurd. We are proud to be nicknamed "Gig City" with our local city-owned broadband/fiber optic network (offering 100 gigabits of internet). I refuse to live in an area that isn't serviced by EPB. Shame on the State of Tennessee for opening the doors to Comcast and AT&T furthering their power, and trying to close the door on local, beneficial commerce. The money that we pay EPB goes right back into the community. And, the service is so outstanding that there was a collective cheer from surrounding communities after the "net neutrality" ruling, because so many people no longer have to look at their neighbor's broadband connection to EPB, and they can finally get it at their own homes.

    [ link to this | view in chronology ]

  • identicon
    Rekrul, 27 Mar 2015 @ 2:52pm

    "How dare the government tell us that we can do something that the cable companies paid us to make illegal!"

    [ link to this | view in chronology ]

  • identicon
    BK, 25 Apr 2015 @ 10:22pm

    TN Gov hates its citizens

    I live in TN. Im mad as hell at our gov. They are insisting that I continue to pay more for less when there are better services available but just not in my area. In fact its only about 5 miles from 1 gig internet yet Im stuck with 60 meg and I pay more for it. Im disabled and only have so much money to spend. I am voting against every one of these idiots next election. I also hate that tax money that is forced to be paid every damn year is going to fight against something I actually want to be legal.

    I wish every idiot in the gov would take a flying leap so we can start over with younger more informed people. Maybe get some that aren't in it simply for the money. Im thinking of finding a lawyer who wants some attention and suing my own TN Gov for suing the FCC.

    [ link to this | view in chronology ]


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