Section 271 has not worked as they had once hoped. From the FCC's perspective, preventing local authorities from mandating open access is not just good Internet policy, it facilitates local voice competition. Yet another consideration is the affect that this case could have on the FCC's universal service programs. Currently, the FCC and its subsidiary corporations run a vast collection of cross subsidization programs to make telecommunications services more available in high cost and low income areas, and to provide telecommunications services, computer networking, and Internet service in schools and libraries. That is, business customers subsidize residential customers.
Urban customers subsidize rural customers.
All phone customers subsidize schools. It may also be the case that in the future the FCC's ability to administer an evolved universal service would be advanced by having just a few major cable Internet access companies without open access, than having to also deal with a multitude of ISPs with open access to cable facilities. Administering a universal service system is complex even if there is one giant monopoly. It is a Herculean task with a small number of regulated companies. It is utterly impossible in a mega-player open competitive environment.