Given that the FCC only recently lost a court case about its authority to preempt state laws banning muni broadband, how would this situation be any different?
Because this one would serve the interests of the rich and well connected?
I tend to agree that the FCC probably won't be able to ban states from enacting their own form of net neutrality, but I've seen the courts side with business interests with weak arguments more times than I'd like.
Not a lawyer but I believe a lot of the argument there hinged on municipalities legally being creations of the states, with only the powers the states choose to give them.
Courts are wary of letting the federal government regulate how states organize themselves.
I tend to agree that the FCC probably won't be able to ban states from enacting their own form of net neutrality, but I've seen the courts side with business interests with weak arguments more times than I'd like.