
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 ...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
12/08/2026
Nielsen is cementing Digital Ad Intel as the new go-to currency for digital ad intelligence in Brazil-now with streaming monitoring in the mix.
S o Paulo, Augu...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
As Matrox Video celebrates 50 years of trusted innovation, the company will showcase its portfolio of interoperable IP technologies and software-defined innovat...
12/08/2026
SMPTE, the home of media professionals, technologists and engineers, today announced a program of expert-led sessions, professional workshops and networking eve...
12/08/2026
Berklee Announces Full Details for Inaugural Block Party, a Music Festival Next ...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
Matthews Studio Equipment introduces T-Go Mounting Solutions extreme camera rigging systems, engineered for the most demanding environments in motion picture pr...
12/08/2026
Anton/Bauer, a Videndum brand and the industry leader in mobile power solutions for broadcast and cinematic production, announces that the EDEN Mobile Power Sta...
12/08/2026
TAG Video Systems, the global leader in software-based IP monitoring and multiviewer solutions, today announced a memory usage optimization that lowers the tota...
12/08/2026
Unified Streaming announces Trusted Media, a new solution that enables broadcasters, streaming platforms, and premium content owners to attach verifiable authen...
12/08/2026
Combining intelligent automation, composable business services and user-centric experiences
The media industry is entering a new phase where AI intelligence is...
12/08/2026
DPA Microphones welcomes Raul Contreras as its new West Coast Regional Sales Manager. In this role, Contreras will oversee sales and customer relationships thro...
12/08/2026
Marshall Electronics' first all-weather, all-IP 4K POV camera, the CV574-WP, makes its European debut at IBC 2026 (Stand 10.C11). Built for the elements, th...
12/08/2026
LA JOLLA, CA-Scientists at Scripps Research have discovered that two seemingly unrelated cellular enzymes become locked together during times of stress, simulta...
12/08/2026
NVIDIA founder and CEO Jensen Huang is ranked No. 1 on Glassdoor's Best CEOs list for 2026.
In the just-released ranking, recognition is earned directly fr...
11/08/2026
Weekly immersive broadcasts will feature 8K 3D video, a 180-degree field of view...
11/08/2026
By Briana Brady, Social Media Manager, Production Hub
Sports content is having ...
11/08/2026
She addresses why media organizations need more than asset storage, how sports t...
11/08/2026
Remote commentary has improved significantly on these broadcasts
At a clip of ...
11/08/2026
A pair of LANTIME IMS M2000 PTP Grandmasters deliver resilient timing infrastruc...
11/08/2026
LTN has announced expanded capabilities for its Live Event Master Control offering, providing sports broadcasters, leagues, rights holders, and content owners w...
11/08/2026
WTA Ventures has appointed IMG as its managed production services partner in a multi-year agreement commencing with the 2027 season. The partnership is the late...
11/08/2026
The New York Jets and CBS New York have agreed to a multi-year extension of their partnership, keeping CBS New York as the official broadcast home of the team. ...
11/08/2026
Nielsen Holdings and DoubleVerify have announced a definitive agreement under which Nielsen will acquire DoubleVerify in an all-cash transaction with an enterpr...
11/08/2026
The Audio Engineering Society has announced the results of its 2026 Board of Dir...
11/08/2026
The CSN co-founder details its network and affiliate' model, how creator wi...
11/08/2026
Gravity Media is providing host broadcast operations for the Esports World Cup (EWC) 2026, supporting ESL FACEIT Group (EFG) in delivering the tournament to glo...
11/08/2026
TAG Video Systems has released a memory usage optimization for its MCM software that reduces the cost per channel by up to two-thirds for compressed workflows. ...
11/08/2026
SMT is expanding its technology partnership with the Cincinnati Open this year, adding new LED displays, production capabilities, and fan-facing experiences at ...
11/08/2026
The Pac-12 has announced that home Olympic sports broadcasts throughout the fall season will be available free on the conference's YouTube channel at youtub...
11/08/2026
Spreading a message of faith requires both widespread accessibility and uncompromising visual quality. Real Life Network (RLN), a free, faith-based digital stre...
11/08/2026
Taking the synergy of sports and entertainment a step further, the NFL venue in Nashville will house iterations of two iconic music clubs
The marriage of Taylo...
11/08/2026
Free library captures pro classical string section
There's no shortage of freebies in The Crow Hill Company's line-up, with their Vaults series offe...
11/08/2026
Percussion instrument introduces all-new engine
Emergence Audio have just introduced a instrument that brings together a vast collection of percussive analo...
11/08/2026
Introduces new all-in-one Spatial Panner tool
Boris FX have recently announced the latest major update for their mastering and broadcast-focused DAW softwar...
11/08/2026
Rohde & Schwarz installs millimeter wave security scanners at Airports of Thaila...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
farmerswife and Cirkus will return to IBC 2026 to showcase new tools designed to help broadcast, media and post-production teams manage workflows with greater s...
11/08/2026
LiveUs LU900Q intelligent production unit played a central role in the host broadcast operation for the Games in Glasgow (July 23 to August 2, 2026). The host b...
11/08/2026
Jigsaw24 has appointed James Morse as Client Director, Media Sales, as it deepens its focus on sports, live events and integrated production. His appointment co...