Federal justice department won't defend muni broadband preemption

Out on a limb.
Municipal broadband advocates aren’t getting any help from the federal justice department. In a one line letter filed with a federal appeals court last week, the justice department wrote “respondent United States of America takes no position” in the dispute between the Federal Communications Commission and the states of Tennessee and North Carolina over whether state restrictions on muni broadband can be preempted by the FCC.
According to a Washington Post story (h/t to the Baller Herbst list for the pointer), the likeliest explanation is that the FCC is fighting a losing battle…
… MoreThe Justice Department said Friday that it won’t be helping the Federal Communications Commission fight a couple of key lawsuits on municipal broadband, in a possible indication of trouble ahead for the FCC…
It’s not unheard of for the Justice Department to bow out of a case involving a federal agency.








