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Congress could do it, either directly or by granting more authority to the FCC.


Does the FCC have authority over fiber and cable? That's not using any public airwaves/broadcast bandwidth.


Yes, the FCC has authority over fiber and cable. Skim the amended Communications Act of 1934 (47 U.S. Code ยง 151 - Purposes of chapter; Federal Communications Commission created [1]):

> For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges...

[1] https://www.law.cornell.edu/uscode/text/47/151


Yes, see National Interest.




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