FCC Likely to Appeal Municipal Broadband Reversal, Consultant Says
The FCC likely will appeal its court setback on municipal broadband regulation, said CCMI consultant Andrew Regitsky Friday in a blog post. He noted the commission could ask the 6th Circuit U.S. Court of Appeals for en banc rehearing of…
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a three-judge panel's decision reversing the agency's pre-emption of two state laws blocking municipal broadband providers from expanding into nearby communities in State of Tennessee, State of North Carolina v. FCC, Nos. 15-3291/3555 (see 1608100049). Such requests "are rarely granted and since the Court primarily consists of Republicans, the Commission is likely to lose even if the request is granted," he said. Regitsky said the FCC is "more likely" to appeal the ruling to the Supreme Court. "The Sixth Circuit Court has had more of its decisions overturned by the High Court than any other appeals court," he said. "If Hillary Clinton becomes president, she will most probably appoint a left-leaning justice likely to side with the Commission. That would provide a 5-4 majority at the Supreme Court for justices appointed by Democratic presidents and increas[e] substantially the chance the decision is overturned." Most attorneys we talked to recently said FCC appellate prospects are dim (see 1608110014).