said by IowaCowboy:I wonder if that same rule you mentioned could also be used to challenge state bans on muni fiber in federal court since the FCC did not grant the states the authority to regulate muni fiber.
Good question, for which I have no answer.
But I suspect the FCC won't be willing to try such a lawsuit. It's one thing for the FCC itself to preempt state law on the basis of Section 706, quite another to sue in court to overturn those laws. While the two would give the same result, and on its face don't seem that different, in fact they are very different. It's the difference between the FCC doing something on its own vs. suing in court.
Not sure they have the stomach for the latter.