Section 706 of the federal Telecommunications Act of 1996 requires the FCC to “accelerate deployment” of high-speed Internet access to all Americans by “removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” Public utility customers in Chattanooga, Tennessee, and Wilson, North Carolina, enjoy high-speed Internet access. People outside those communities wanted the high-speed services expanded to them, but state law forbids that access, thus limiting service to large private-sector providers such as Comcast and Time Warner Cable. The FCC issued an order preempting the state laws in Tennessee and North Carolina, thus allowing the public utilities to expand their service. 

a. Can the FCC lawfully preempt state law in this situation? Explain. 

b. Should the FCC be able to preempt state law in this situation? Explain. See State of Tennessee, State of North Carolina v. Federal Communications Commission, 832 F.3d 597 (6th Cir. 2016).