
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...
31/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
31/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
31/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
31/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Top L-R: The Friend's House is Here, Josephine, The Lake, Bedford Park, Who Killed Alex Odeh?
Second Row L-R: Take Me Home, American Pachuco: The Legend of...
30/01/2026
Spotify, Haziran ay sonunda kadar stanbul'da yeni bir ofis a aca n ve T rkiye pazar n y netmek zere yeni bir atama ger ekle tirdi ini duyurdu. Bu kaps...
30/01/2026
The Artemis II wet dress rehearsal will simulate the launch countdown, fully loading fuel and verifying systems ahead of the first SLS and Orion crewed flight....
30/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Grass Valley , the leading technology provider for live production solutions, and NETGEAR Inc. (NASDAQ: NTGR), a global leader in network solutions, today anno...
30/01/2026
tvONE, a leading video processor, signal distribution technology and media server developer, announces the expansion of Amit Singh's role to Regional Sales ...
30/01/2026
With a career that spans four decades across television, film and post-production, Freelance Sound Designer and Post-production Sound Mixer Mike Aiton has built...
30/01/2026
DPA Microphones will feature its new, fully integrated wireless microphone ecosystem, designed to let audio professionals work faster, cleaner and with total co...
30/01/2026
As the Middle East continues to accelerate investment in next-generation media, broadcast, and immersive content technologies, Ventum Tech today announced a str...
30/01/2026
Mark Roberts Motion Control (MRMC), a Nikon company and global leader in robotic camera systems, today announced its participation at Integrated Systems Europe ...
30/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/01/2026
Boston Conservatory at Berklee Hosts the National Opera Association's 2026 C...
30/01/2026
Student Spotlight: Sriram Narayanan The classical pianist shares his experience growing up with a language disability and finding his voice through music.
Ja...
30/01/2026
Heading into 2026, the pace of change across radio, TV, and digital media is reaching an inflection point. Audience behaviors continue to evolve, measurement mo...
30/01/2026
30 Jan 2026
VEON Partners with MindBridge to Enhance Financial Analytics, Audit...
30/01/2026
Introducing the NEW Techtel.tv! | FEB 5% OFF Offer
30 Jan Written By Suzanne Costello
Our Website & Online Store: Now Unified for a Seamless Experience.We...
30/01/2026
Friday 30 January 2026
Easels at the ready! All new judging line up for series ...
30/01/2026
Friday 30 January 2026
Britain can switch off terrestrial TV in the 2030s, with...
30/01/2026
Back to All News
The Danish Crime Series The Asset' Returns for a Second Season
Entertainment
30 January 2026
GlobalDenmark
Link copied to clipboard
...
30/01/2026
Two key themes came through strongly:
Inconsistent measurement remains a major barrier to comparing performance across Retail Media Networks
Independent cer...
29/01/2026
The National Film and Video Foundation (NFVF), in collaboration with a distribut...
29/01/2026
Michele Fracchiolla Succeeds Andrew Barr as President of EMEA region from April 1, 2026
London, January 29, 2026
Hitachi Europe Ltd. today announces the appoi...
29/01/2026
MELBOURNE, Fla., January 29, 2026 - L3Harris Technologies (NYSE: LHX) reports fu...
29/01/2026
Bluey' Wins Second Consecutive Top Streaming Title of the Year with 45 Billi...
29/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/01/2026
Boston Conservatory Orchestra Presents East Coast Premiere of Peter and Leonardo...
29/01/2026
29 Jan 2026
Kyivstar Announces Pricing of Secondary Offering of Common Shares Held by VEON NEW YORK, New York, January 29, 2026 -- VEON Ltd. (Nasdaq: VEON), a ...
29/01/2026
Mercedes-Benz is marking 140 years of automotive innovation with a new S-Class b...
29/01/2026
X-Rite Pantone Appoints Cindy Cooperman as Vice President and General Manager of...
29/01/2026
New two-part true crime documentary, OUTBACK TERROR: THE FALCONIO MURDER, aims to shed new light on a case that continues to intrigue on both sides of the world...
29/01/2026
Back to All News
Love is Blind: Sweden Returns for a Third Season - Premiering ...
29/01/2026
Back to All News
Unmask Bridgerton' Season 4 With Our Complete Coverage Guide
Yerin Ha as Sophie Baek and Luke Thompson as Benedict Bridgerton in Season ...
29/01/2026
Back to All News
Extraordinary Crime Mysteries, Mythical Worlds and High-Stakes...
29/01/2026
FOX Sports Unveils Historic FIFA World Cup 2026 Broadcast Schedule Monumental Slate Features 340 Hours of Live First-Run Programming Across FOX Sports Platfo...