While over-shadowed by the net neutrality vote the same day, the FCC's decision last year to protect municipal broadband was
potentially more important. For more than fifteen years in bent ISPs have quite literally been allowed to buy state laws that hinder communities from improving their broadband networks, or even in some instances from striking public/private partnerships with the likes of Google Fiber. These protectionist laws,
passed in nineteen different states, are a huge reason why you currently only have the choice of one ty cable provider and one ty telco for broadband service (if you're lucky).
The FCC originally believed it could use its Congressional mandate to ensure "even and timely broadband deployment" to strike down the most restrictive portions of these laws. But as we
noted earlier this month, an appeals court ruled that the FCC doesn't have this authority under Section 706 of the Communications Act. And in
speaking with the New York Times this week, the agency stated for the first time publicly that this is a fight it won't be pursuing further:
"The F.C.C. does not plan to appeal the federal court’s decision “after determining that doing so would not be the best use of commission resources,” Mark Wigfield, a spokesman for the agency, said in a statement. That means municipalities that want to keep expanding their municipal broadband networks will have to fight to overturn state laws on their own."