TLDR: FCC Chair Brendan Carr is considering using sections of the Communications Act to preempt state-level artificial intelligence laws. This move, stemming from President Trump’s AI Action Plan, aims to prevent state regulations from impeding the deployment of broadband and other ‘modern infrastructure’ deemed crucial for AI development. While Carr cites Sections 253 and 332 as potential sources of authority, legal experts express skepticism regarding the FCC’s jurisdiction over AI, particularly given broadband’s classification as an information service.
Federal Communications Commission (FCC) Chair Brendan Carr has initiated discussions around the potential preemption of state laws and regulations concerning artificial intelligence (AI). This strategic consideration is driven by the FCC’s objective to ensure that state-level AI rules do not hinder the expansion of broadband networks and the deployment of what Carr refers to as ‘modern infrastructure,’ which is increasingly vital for AI technologies. The topic is expected to be a key point of discussion at the FCC’s September 30 meeting, where a proposal to streamline wireline deployment will also be addressed.
Carr’s rationale centers on the idea that if state or local laws effectively prohibit the deployment of this critical infrastructure, the FCC possesses the authority to intervene. He specifically referenced Sections 253 and 332 of the Communications Act as potential legal avenues for such federal preemption. Section 253 prohibits state and local governments from blocking companies from providing inter- and intrastate telecommunications services, while Section 332 addresses state and federal regulations for mobile services. Both sections contain language that could support federal preemption of state laws.
This initiative aligns with President Donald Trump’s AI Action Plan, unveiled in July, which tasked the FCC with reviewing state AI regulations for potential conflicts with the agency’s mandate. The plan emphasized the need for America’s private sector to be ‘unencumbered by bureaucratic red tape’ to maintain global leadership in artificial intelligence.
However, the prospect of the FCC preempting state AI laws has been met with skepticism from legal experts. Critics argue that the FCC’s jurisdiction over AI is tenuous, especially since broadband is classified as an information service rather than a telecommunications service. This distinction is crucial, as the FCC’s preemption powers under the Communications Act are primarily tied to telecommunications. As one expert noted, ‘AI does not offer telecommunications services, nor does the broadband network on which it rides. Broadband is an information service.’
Despite these legal challenges, Carr remains steadfast in his view that the FCC has a role to play. He stated at the POLITICO AI & Tech Summit that the agency would be ‘looking out for forms of AI regulation at the state level that could be inhibiting this type of infrastructure and then we have some authority to step in.’ The FCC’s review will specifically examine whether state AI rules conflict with its obligations to expand communication services nationwide.
Carr also highlighted the urgency of ensuring U.S. networks have the necessary capacity, speed, and low latency to handle the vast amounts of data required for AI. ‘We want to make sure that U.S. networks, including our mobile networks, have the capacity, the speed, the latency so that all that data that is required for AI can move quickly and ubiquitously through our networks,’ Carr remarked at the 2025 Concordia Annual Summit.
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The FCC’s upcoming meeting will delve into these complex issues, potentially setting a precedent for federal oversight in the rapidly evolving landscape of artificial intelligence regulation.
