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Andrew McBride Discusses Top Telecom Cases to Watch

Law360
June 9, 2015

Andrew G. McBride, chair of Wiley Rein’s Communications Appellate & Litigation Practice, was quoted yesterday in a Law360 article about telecommunications cases to watch in the second half of 2015.

Court challenges to the Federal Communications Commission’s (FCC) net neutrality rules will be among the most high-profile telecom cases, according to the article. “There’s almost no doubt in my mind, no matter how this case comes out of the D.C. Circuit, it’s headed for the Supreme Court,” Mr. McBride told Law360 in an interview.

The states of Tennessee and North Carolina have also appealed the FCC’s recent preemption of state laws that restrict the expansion of municipal broadband services. Mr. McBride said the issues raised in those cases may also make their way to the Supreme Court of the United States.

“The argument that might attract the attention of the Supreme Court is the constitutional argument,” he said. “Under the Tenth Amendment and general principles of federalism, a federal agency cannot tell the state what powers they can and cannot give to their political subdivisions.”

The Law360 article can be found here.