FCC Says It Won't Appeal Muni Broadband Ruling by 6th Circuit Panel
The FCC says it won't appeal its municipal broadband setback at the 6th Circuit U.S. Court of Appeals (see 1608100049). "The FCC will not seek further review of the Sixth Circuit's decision on municipal broadband after determining that doing so…
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would not be the best use of Commission resources," a commission spokesman emailed Monday. A three-judge 6th Circuit panel reversed the federal agency's pre-emption of two state laws preventing localities from extending their muni broadband efforts to surrounding communities (State of Tennessee, State of North Carolina v. FCC, Nos. 15-3291/3555). Most attorneys we talked to were dubious of FCC appellate prospects, with some skeptical the agency would even appeal (see 1608110014).