
Public Knowledge and the Benton Institute for Broadband and Society have filed an amicus brief in the U.S. Court of Appeals for the Second Circuit, which is hearing an appeal of a lower court injunction against a New York state law that would mandate affordable broadband.
Back in June, a lower court issued an injunction that temporarily blocks enforcement of the law--which requires ISPs to provide low-cost broadband to low-income households--and signaled that the ISPs are likely to win the underlying case that the law should not go into effect at all.
ISPs--including ACA Connects--argued that the low-cost mandate is a form of common carrier regulation that conflicts with the FCCs most recent decision that internet access is a Title I information service not subject to common carriers regs, and so the New York State law is preempted. Judge Denis R. Hurley of the U.S. District Court for the Eastern District of New York agreed. To be clear, the ABA is rate regulation, and rate regulation is a form of common carrier treatment, he said in granting the June injunction.
Public Knowledge and Benton argue in their brief that the states move to ensure affordable broadband access for New Yorkers is an important public policy goal, that the law is not preempted by federal law under any theory or preemption, telling the court: Far from Congress attempting to preempt or preclude state action, the Communications Act clearly anticipates, and even encourages, states to join in the regulation of communications services.
That includes rate regulation, they argue, over which the FCC has given up any say in the matter after it reclassified broadband as a Title I information service and effectively gave up control over internet access. Significantly, this reclassification decision ceded FCC authority for any form of rate regulation. Upon review by the D.C. Circuit, the court determined that FCC lacked authority to preempt the states in areas like rate regulation where the FCC had ceded its authority.
Specifically, the Affordable Broadband Act, which was to have gone into effect June 15, would require ISPs in the state to offer low-income households high-speed broadband--at least 25 Mbps download speeds--for $15 per month, or of 200 Mbps for no more than $20. About 2.7 million households would qualify, or more than a third of all the households in New York. The service has to be offered as a standalone and must be advertised and promoted so people know it is available.
At her nomination hearing for the third Democratic seat on a five-member FCC, Gigi Sohn, former head of Public Knowledge, said she was not in favor of broadband rate regulation, but did not agree that low-cost broadband requirements in new broadband subsidies under the Biden Administration were the same thing.
As to the need for low-cost broadband mandates, ISPs are already offering a variety of low-cost broadband plans using the FCCs Lifeline broadband subsidies, and will be offering more with billions of dollars of COVID-19 and broadband infrastructure aid money.
Also: Biden Broadband Billions Will Boost Small Business
ISPs who also challenged the law included CTIA, The New York State Telecommunications Association, USTelecom, NTCA-the Rural Broadband Association, and the Satellite Broadcasting & Communications Association. NCTA did not, pointing out that plenty of others already had.
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
01/06/2026
January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026
Throughout the week, Dolby brings to life the latest innovatio...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
01/04/2026
January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION
Douyin Users Can Now Create And Share Videos With Stun...
10/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
Rock-It Sports' Deron Brown & Laura Rowlands on Launching a New Brand, Suppl...
09/01/2026
Warner Bros. Discovery's Chris Brown on the Broadcaster's First French O...
09/01/2026
NFL Playoffs 2026: CBS Sports Travels to Jacksonville With Packed Arsenal of Pro...
09/01/2026
NFL Playoffs 2026: NBC Sports Is Set To Roll Out New Scorebar, Insert Graphics T...
09/01/2026
NFL Playoffs 2026: Prime Video Production Team Caps Historic Season With Iconic ...
09/01/2026
NFL Playoffs 2026: FOX Sports Kicks Off Postseason Slate With Two-Game Wild Card...
09/01/2026
NFL Playoffs 2026: ESPN's Run Brings Monday Night Football' Flagship Op...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
SMPTE , the home of media professionals, technologists, and engineers, today introduced the board officers and regional governors who will serve terms beginning...
09/01/2026
Globecast, the leading provider of broadcast, media and entertainment managed services, today announced the appointment of Chris Pulis as Group Chief Technology...
09/01/2026
The Hollywood Professional Association (HPA) today announced several updates to its board of directors. As part of HPA s annual governance cycle, new leadership...
09/01/2026
SDVI, the leading platform provider for cloud-native media supply chains, today announced that Simon Eldridge has been appointed chief operating officer. In thi...
09/01/2026
Cobalt Digital, the leading designer and manufacturer of award-winning ST 2110 and SDI signal processing products, and a founding partner in the openGear initi...
09/01/2026
iWedia, a global leader in connected TV software solutions, announces that its market-proven ATSC 3.0 software stack is powering the broadcast functionality of ...
09/01/2026
Amino, a global leader in enterprise video and digital signage technology, today announced a strategic partnership with Xibo, a leading global digital signage s...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
09/01/2026
RT Player has 157 million streams, up 10% year-on-year
An increase on 2024, RT...
09/01/2026
RT 2FM has today announced the highly anticipated list of 2FM Rising Artists for 2026, kicking off 2FM Rising week for the eighth year on The Tracy Clifford Sh...
09/01/2026
RT to Host the 2026 RTS Ireland Awards
Thursday, 16 April 2026 | Dublin Royal Convention Centre
The RTS Ireland Television Awards 2026 | Gradaim RTS 2026 | R...
09/01/2026
Every that was easy shopping moment is made possible by teams working to hit s...
08/01/2026
An evidence-based analysis on disinformation and information manipulation in Sudan's ongoing conflict is published today. (January 8th 2026).
Thomson Found...
08/01/2026
At CFP Semifinals, ESPN Again Flexes Its Operational Muscle With 20+ MegaCast Vi...
08/01/2026
SVG Students To Watch: Sophie Fowler, University of OregonThe Portland product has honed her skills as a producer, director, and TD at Quack VideoBy Brandon Cos...
08/01/2026
Follow the Money, Episode 3: Inside the Sports-Media Biz With Sam McCleery and K...
08/01/2026
SVG New Sponsor Spotlight: Qualstar's Jeff Sengpiehl on the Enduring Power a...
08/01/2026
Legendary February: Production Leaders at NBC Sports Pull Back the Curtain on Ol...
08/01/2026
In 2025 we launched the Spotify Partner Program to give creators more ways to tu...
08/01/2026
On Wednesday in Los Angeles, Spotify welcomed creators and press to a brunch cel...
08/01/2026
The Hollywood Professional Association (HPA) today announced several updates to its Board of Directors. As part of HPA's annual governance cycle, new leader...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Spain's national public broadcaster, RTVE, has upgraded one of its main television production facilities in Madrid with the installation of two Alfalite NEO...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Maxon's new release of Cinebench features performance enhancements and adds support for the latest Nvidia and AMD GPUs as well as Apple Silicon.
Maxon is t...
08/01/2026
Zixi, the industry leader in IP-based video transport and orchestration, today announced the appointment of Heather Mellish as Vice President, Global Sales.
In...
08/01/2026
Pebble, the leading automation, content management and integrated channel specialist, has provided a complete update of its installation at Canal Sur in Spain. ...
08/01/2026
iWedia, a global leader in software solutions for connected TV devices, proudly announces the success of its collaboration with Panasonic on the Z95B OLED TV, o...
08/01/2026
Secuoya Chile, a leading provider of television content creation and supporting services, has invested in Ikegami UHK-X600 and UHL-X40 broadcast cameras as the ...