Cable and telecom firms score a huge win in their war to kill municipal broadband

[Commentary] Cable and telecommunications companies chalked up their biggest victory yet — in a courtroom, not a legislative chamber. The 6th Circuit US Court of Appeals shut down an effort by the Federal Communications Commission to foster the spread of municipal broadband. The FCC, arguing that the public interest was served by more competition in the broadband market, had tried to overturn state laws in Tennessee and North Carolina blocking the creation or expansion of municipal systems.

But what’s intriguing about the ruling is that it accepted the FCC’s reasoning that competition from municipal systems works well. The restrictions imposed by Tennessee and North Carolina were “onerous,” agreed Judge John M. Rogers, writing for the court. Thanks to this week’s appeals court ruling, supporters of community broadband will have to continue their work without the assistance of the FCC. But by providing lousy service, the cable and telecommunications industries may make their job easier.