So FRA is trying to do the same thing as FCC and EPA: refuse to make a rule, but say that the refusal preempts state regulation. Let me get this straight: the federal agency finds no justification for a rule, but then says nobody else can make one either (which would require making a rule to preempt the others). Somehow, I think a court or 2 might have a little trouble with that logic (a court has already found that logic lacking with regard to an FCC non-rule related to municipal broadband).