Earlier quoted context omitted.
This isn't very charitable. You should be happy that the GOP doesn't rotely apply their 'principles' even when it's idiotic to do so. Federal laws that create 'maximums' like this always come with preemption. Otherwise a different states are going to enact different versions of NN to score political points accomplishing one of two things: a rule that tries to simplify the regulatory environment will actually make it…
I don't think the FCC did, nor can they, create a new "federal law" though, right? The FCC removed a regulation. Do states not have the right to regulate in the absence of any federal regulation?
The FCC being able to pass and remove regulations in an area means Congress has created federal law governing that area and assigned to the FCC regulatory authority in that area.
Further, even with no federal law, dormant commerce clause concerns come into play.