The recent ruling by the 6th Circuit Court that rebuked the FCC’s municipal broadband order is a victory for federalism and the Tenth Amendment.
In an editorial for the Daily Caller, Executive Director of Digital Liberty, Katie McAuliffe elaborated on the heart of the FCC’s history of abuse, and the heart of the municipal broadband issue:
“Under the guise of broadband competition, the FCC actually tried to tell states how to run their finances. Agencies cannot regulate where Congress did not give them the authority to do so. They knew it was a step too far, but with all of its excesses somehow slipping past the courts, why not go for broke?
But the courts finally nailed the FCC to the wall. The court was so definitive that the FCC isn’t even challenging this one. “A challenge is not a good use of agency resources,” a spokesperson said.