
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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
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...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
CueScript's CueiT 4.0 Wins Future's Best of Show Award, Presented at 2026 NAB Show by TV Tech
CueScript, a leading international developer of professio...
14/05/2026
Expert-Led Education Sessions and Development of Online Training Program Accelerate IPMX Adoption and Deployment
The Alliance for IP Media Solutions (AIMS) to...
14/05/2026
Klvr is launching in the United States with a professional-grade rechargeable battery solution that cuts costs and improves performance across live entertainmen...
14/05/2026
Shooting into the depths of Bedlam with URSA Cine 17K 65
Brie Clayton May 14, 2026
0 Comments
Indie feature film paired digital 65mm capture with a Bl...
14/05/2026
WeMakeColor expands with Baselight, becoming hybrid color facility
Caroline Shawley May 14, 2026
0 Comments
Boutique Mexican-based studio integrates B...
14/05/2026
Berklee's Summer in the City Returns with Free Concerts Throughout Boston Ar...
14/05/2026
Chelsey Green Named to Billboard's 2026 Women in Music List The Berklee professor and chair of the Recording Academy Board of Trustees joins other high-pr...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/05/2026
Six decades of products built around the people who use them...
14/05/2026
Designed to embrace multiple production processes and deliver high-end live broadcast workflows, Vivid Broadcast has combined Calrec True Control 2.0 enabled co...
14/05/2026
Today, Jigsaw24, the UK's leading media equipment supplier and systems integrator, announces a new partnership with EVS, a global leader in live video techn...
14/05/2026
Transforming bold ideas into market-ready productions: Digital Originals returns 14 May 2026
Top (L-R): Bronte Gosper (Musket), Mema Munro (Rogue One), Nathan ...
14/05/2026
Berklee Convenes Leaders in AI, Music for Inaugural AIMS Symposium The three-day event puts musicians at the center of the future of music creation, ethics, a...
14/05/2026
Scripps Research establishes endowed chair honoring renowned structural biologist Ian Wilson Keren Lasker to be inaugural chair holder
May 13, 2026
LA JOLLA ...
14/05/2026
Back From The Brink airs Sunday 17 May and Sunday 24 May at 6.30pm on RT One an...
14/05/2026
Dive masks on - Subnautica 2 is making a splash on GeForce NOW day-and-date with launch, so members can plunge into the title's brand-new alien ocean from a...
13/05/2026
New Adobe Premiere Color Grading Mode Accelerated on NVIDIA GPUs
Joel Pennington May 13, 2026
0 Comments
New NVIDIA RTX-accelerated features streamlin...
13/05/2026
Grass Valley announced that dB Broadcast has delivered new IP-based outside broadcast (OB) trucks for Cloudbass, featuring Grass Valley LDX 100 Series cameras a...
13/05/2026
Ikegami will exhibit the latest additions to its wide range of broadcast production cameras, control units, viewfinders and monitors on stand 5D3-1 at Broadcast...
13/05/2026
FISE, working with the founding members of the XR Sports Alliance (XRSA), Accedo, Qualcomm Technologies, Inc. and HBS, have collaborated to develop an immersive...
13/05/2026
Canon Unveils New EOS R6 V Full-Frame EOS Camera and RF20-50mm F4 L IS USM PZ Bu...
13/05/2026
Boston Conservatory at Berklee Honors Beth Morrison and Moses Pendleton at Comme...
13/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/05/2026
Creative software developer Foundry today announced the latest developments on Nuke Stage. A purpose-built application for end-to-end virtual production and in-...
13/05/2026
A definitive portrait of one of Ireland's most influential musicians
New TV documentary airs Monday 18 May on RT One and RT Player at 9.35pm
Watch the...
13/05/2026
Agentic AI is changing the way users get work done. Following the success of OpenClaw, the community is embracing new open source agentic frameworks. The latest...
13/05/2026
Reinforcement-learning agents - AI systems that learn by trial and error - can c...
12/05/2026
Beyond the Hype: A Strategic Post-Hoc Analysis of NAB 2026 If NAB Show 2026 had an underlying theme, it was a quiet, industry-wide pivot from the high-energy sp...
12/05/2026
Guntermann and Drunck (G&D), a Panoptec Technologies Group company, and CT Square, led by Chandresh Shah, have announced a joint venture to distribute G&D and V...
12/05/2026
With 30 days until the start of the FIFA World Cup 2026, Telemundo, the exclusive Spanish-language home of the tournament in the United States, has announced th...
12/05/2026
The NHL has announced the return of Stanley Pup for its third consecutive year, a 90-minute special featuring adoptable rescue dogs competing on a miniature rin...
12/05/2026
NBCUniversal presented its 2026 Upfront to advertisers at Radio City Music Hall, detailing upcoming programming across NBC, Peacock, Bravo, and Versant properti...
12/05/2026
FOX Sports has announced funding for the Fandom and Social Connection Initiative at Harvard Kennedy School's Shorenstein Center on Media, Politics, and Publ...
12/05/2026
TNDV and Live Media, both divisions of Live Media Group, supported live broadcast coverage around NCAA Final Four weekend in Indianapolis, including the March M...
12/05/2026
The European Football Alliance (EFA) has announced a content distribution agreement with Fubo Sports Network, the free ad-supported streaming TV (FAST) channel ...