Sony Pixel Power calrec Sony

Public Knowledge, Benton to Court: States Can Regulate Broadband Rates

05/12/2021

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.
LINK: https://www.nexttv.com/news/public-knowledge-benton-to-court-states-ca...
See more stories from bandc

Most recent headlines

05/01/2027

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be demoed at CES 2026

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...

09/10/2026

Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026

September 10 2026, 06:00 (PDT) Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026 New Sports Intelligence helps providers better unders...

07/10/2026

Dalet Flex LTS Delivers Smarter Media Operations from Ingest to Distribution

Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...

06/10/2026

Hollywood River Studios Breaks Ground On Major Production St. Louis Campus

Share Copy link Facebook X Linkedin Bluesky Email...

06/10/2026

TiVo One Ad Platform Sets New Revenue Record With 6.3 Million Monthly Users

Share Copy link Facebook X Linkedin Bluesky Email...

06/10/2026

SBT expands playout operations with Pebble Automation

Pebble, a leading specialist in automation, content management and integrated channel solutions, is supporting the continued modernisation of playout at Brazili...

06/10/2026

Techex Addresses C-Band Transition with Combined Satellit...

Techex, a specialist in software-defined live video workflows, will demonstrate the how tx darwin platform combines satellite and IP delivery at NAB New York 20...

06/10/2026

NVIDIA DGX Spark 64GB Gives Developers More Ways to Build and Scale Local AI

NVIDIA DGX Spark 64GB Gives Developers More Ways to Build and Scale Local AI Allen Bourgoyne October 5, 2026 0 Comments Local AI is becoming more usef...

06/10/2026

Cannes Premiere Documentary The Match Shot with Blackmagic URSA Cine

Cannes Premiere Documentary The Match Shot with Blackmagic URSA Cine Brie Clayton October 5, 2026 0 Comments Portraiture and archival footage bring pl...

06/10/2026

Boston Conservatory Artists Turn Chairs on The Voice

Boston Conservatory Artists Turn Chairs on The Voice Watch Lexi Stephens (BFA 25) and Marcus Ladden Jr. (BFA 30) wow the celebrity coaches during their blind au...

06/10/2026

Supreme Court Rejects Nexstar Bid to End DirecTV Dispute

Share Copy link Facebook X Linkedin Bluesky Email...

06/10/2026

SBE Adds Andrew Sveum as Marketing and Growth Director

Share Copy link Facebook X Linkedin Bluesky Email...

06/10/2026

Cobalt Digital to Exhibit IPMX Ecosystem at NAB Show New York

Share Copy link Facebook X Linkedin Bluesky Email...

06/10/2026

RT to explore C.S. Lewis's Belfast roots in new documentary, The Lion, The Witch and the Ulsterman

Andrew Trimble delves into the author's Belfast upbringing Thursday, 8 Octo...

06/10/2026

Why Telecom Operators Are Building Their AI Strategy on Open Models

Telecom operators are increasingly building their AI strategies on open models - and the reasons go beyond mere cost. Open models give telcos the ability to t...

05/10/2026

Eutelsat Ships First 32 New OneWeb LEO Satellites for Upcoming SpaceX Launch

Eutelsat has announced that Airbus Defence and Space has completed the first 32 new OneWeb Low Earth Orbit satellites at its facility in Toulouse, France. The s...

05/10/2026

Racecourse Media Group Appoints Andrew Demaria as First Chief Content Officer

Racecourse Media Group (RMG) has appointed Andrew Demaria as its first Chief Content Officer, effective October 6. Demaria joins from a career spanning more th...

05/10/2026

SMPTE to Host Full-Day Precision Timing Bootcamp at NAB Show New York

SMPTE will host SMPTE Bootcamp: Precision Timing for ST 2110 on Wednesday, October 21, 2026, from 9:20 a.m. to 4:30 p.m. in Room 3D03 at the Javits Center durin...

05/10/2026

Nexstar and DAZN to Simulcast 15 Indiana Pacers Games Across Central Indiana

Nexstar Media Group and DAZN have announced a partnership to simulcast 15 regular season Indiana Pacers games on Nexstar television stations and free on DAZN si...

05/10/2026

Behind The Mic: Tony Romo to Depart From CBS Sports Permanently

Behind The Mic provides a roundup of recent news regarding on-air talent, including new deals, departures, and assignments compiled from press releases and repo...

05/10/2026

Telos Alliance Announces Zephyr Connect SE Now Shipping

Telos Alliance has announced that Zephyr Connect SE, a new hardware codec, is now shipping. The unit joins the Telos iPort High Density multi-codec gateway and ...

05/10/2026

Sofascore and NHL Announce Multiyear Global Partnership

Sofascore and the NHL have announced a multiyear global partnership that will bring new NHL statistics and analytics tools to Sofascore's platform beginning...

05/10/2026

New Orleans Pelicans Announce 2026-27 Broadcast Plans

The New Orleans Pelicans have announced broadcast coverage for the 2026-27 season. Gray Media and the Gulf Coast Sports and Entertainment Network (GCSEN) will c...

05/10/2026

SVG New Sponsor Spotlight: Rezzil Co-Founder Andy Etches on Bringing Movement Intelligence to Broadcast

As sports broadcasters look for new ways to make live action more immersive, ins...

05/10/2026

Austrian Audio introduce the OC616

New multi-pattern LDC revealed Austrian Audio have announced the upcoming launch of a new multi-pattern large-diaphragm capacitor mic that occupies the midd...

05/10/2026

IK Multimedia Tonex 2 Player now available

Software gains Tonex Board rig support When IK Multimedia launched the Tonex Board, they mentioned that it would soon be followed by a significant update to...

05/10/2026

fedDSP release quadCHO

Offers a modern take on classic chorus effects fedDSP's latest creation has been designed to offer a modern take on the classic chorus effect, combining...

05/10/2026

SMPTE to Offer Full-Day Precision Timing Bootcamp for ST 2110 at NAB Show New York

Share Copy link Facebook X Linkedin Bluesky Email...

05/10/2026

Matthews Studio Equipment Ships Sliding Leg C-Stand 2-Pack

Share Copy link Facebook X Linkedin Bluesky Email...

05/10/2026

From Spots to Audiences: How Advanced Advertising Is Reshaping Local TV

Share Copy link Facebook X Linkedin Bluesky Email...

05/10/2026

Combined Paramount-WBD Studio to be Named Skydance

Share Copy link Facebook X Linkedin Bluesky Email...

05/10/2026

URSA Cine 12K LF Captures Poste Italian's Anniversary Film

URSA Cine 12K LF Captures Poste Italian's Anniversary Film Brie Clayton October 4, 2026 0 Comments Jacopo Mutti reveals the practical choices behi...

05/10/2026

Green Hippo Estuary Series MC1 and MC2 Media Controllers are Now Shipping

Green Hippo Estuary Series MC1 and MC2 Media Controllers are Now Shipping Brie Clayton October 4, 2026 0 Comments Made for Shows that Don't Have T...

05/10/2026

Telos Alliance Announces Telos Zephyr Connect SE Is Now Available

Telos Alliance Announces Telos Zephyr Connect SE Is Now Available Search Cleveland, Ohio (October 5, 2026) - Telos Alliance , trusted global leader in br...

05/10/2026

RT to provide comprehensive coverage of Budget 2027 on TV, radio and online

RT will provide comprehensive coverage and analysis of Budget 2027 across online, radio and television on Tuesday 6 October, with extensive reporting and analy...

05/10/2026

From Scan to Treatment Plan, AI Helps Close Breast Cancer's Deadliest Gaps

Breast cancer is the most commonly diagnosed cancer among American women - yet the gaps in care are wide. A majority of women over age 40 skip the recommended a...

04/10/2026

Shure's MV6 gets Gen 2 upgrade

Dedicated streaming mic gets an overhaul Following on from the success of their dedicated streaming microphone, the MV6, Shure have announced the launch of ...

03/10/2026

MLB Network's Secaucus Facility Transforms Into Production Hub for Live Game Coverage on JioStar in India, BBC in UK

The broadcaster's capability as an internal production house continues with ...

03/10/2026

Ratings Roundup: NFL Ratings Down Slightly Through 3 Weeks; Ravens-Cowboys in Rio Is Top NFL International Game Ever

Ratings Roundup is a rundown of recent ratings news and is derived from press re...

03/10/2026

Release Rundown: What to Watch in October, From Wicker to Once Upon a Time in Harlem

Olivia Colman stars in Wicker, which premiered at the 2026 Sundance Film Festi...

03/10/2026

Nielsen to Introduce New Content Measurement Solutions in Early 2027

Nielsen is evolving its cross-platform content measurement solutions to give every corner of the media industry studios, distributors, content creators, right...

03/10/2026

FCC Updates EEO Rule WordingNo Form 395-B

Share Copy link Facebook X Linkedin Bluesky Email...

03/10/2026

EDO: Spanish-Language TV Ads Outperform Spots in English

Share Copy link Facebook X Linkedin Bluesky Email...

03/10/2026

Bantaray Mobile Sports Production Delivers Niche Sports to Growing Audiences with AJA

Bantaray Mobile Sports Production Delivers Niche Sports to Growing Audiences wit...

02/10/2026

NESN, SportsNet Pittsburgh Debut New-Look Scorebug, Graphics for NHL Season

Design reflects feedback on graphics introduced for MLB Red Sox and Pirates games Boston Bruins games on NESN and Pittsburgh Penguins games on SportsNet Pittsb...

02/10/2026

NBC Sports Leans Into Image Quality, Drones, Distinct Camera Positions, REMI as College-Football Slate Hits Big Stretch

NEP SS7/ST7 anchors Big Ten Saturday Night; nine Peacock games are produced from...

02/10/2026

SVG GameDay, Ep. 33: National Football Leagues Tim Tubito - Fan Entertainment at Home & Abroad

In-venue and creative video staffers at the professional and collegiate level ha...

02/10/2026

GameTime Productions Delivers National Broadcast Production for AUSL Season

GameTime Productions provided national broadcast production services for the Athletes Unlimited Softball League (AUSL) 2026 season, with coverage distributed ac...

02/10/2026

Audio-Technica Introduces HP-HBM50x Replacement Headband for ATH-M50x

Audio-Technica has introduced the HP-HBM50x, a genuine replacement headband for the ATH-M50x professional studio monitor headphones. The HP-HBM50x is compatible...

02/10/2026

ASG Helps Black Lava Studios Build 9.1.6 Immersive Audio Facility

Advanced Systems Group (ASG) has helped audio professional Steve Schatz design and build Black Lava Studios, a 9.1.6 Dolby Atmos mixing and mastering facility i...