The State of Tennessee filed a Brief with the Sixth Circuit Court of Appeals last week in response to an Order issued by the Commission earlier this year.  (Vol. XII, Issue 9).  The Order granted petitions to preempt state laws in Tennessee and North Carolina that prevented municipal broadband providers Electric Power Board (EBP) in Chattanooga, Tennessee and the City of Wilson, North Carolina from expanding their broadband networks and service beyond their authorized service areas.  In its Brief, the State of Tennessee argued that the FCC exceeded its authority and encroached upon the state’s right to regulate municipalities within its borders.