
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...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
29/07/2026
Brightline Lighting, a premier manufacturer of energy-efficient lighting systems for broadcast, videoconferencing, government, education and corporate applicati...
29/07/2026
Applications open for IFFI/WAVES Film Bazaar in Goa - Producer Delegation 28 July 2026
Image credit: Four Years Later
Screen Australia has opened applications...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Foundry today announced that Academy Award-winning creative studio DNEG has implemented Hiero to support its editorial workflows. Part of the Nuke product famil...
29/07/2026
The Latest Addition to the Brand's StudioPro Ecosystem Combines Simple Deployment, Cloud Control and Professional Grade Wireless Reliability
QuickLink, a l...
29/07/2026
The Secret Master Adjustment Layer Hack in After Effects
Graham Quince July 28, 2026
0 Comments
Trish Meyer (who literally beta-tested the original Af...
29/07/2026
Post Completed with Blackmagic Cloud for Shane Kosugi's Feature Film SEEK
Brie Clayton July 28, 2026
0 Comments
Cannes Indie International Film Fe...
29/07/2026
Isabeau Miller Named Chair of Berklee Songwriting Department The Berklee alumna, who previously served on the Songwriting faculty, will begin her new role on ...
28/07/2026
LiveU, the pioneer in IP-video transmission and cloud-based remote production, today detailed its historic performance records set during the 2026 FIFA World Cu...
28/07/2026
The NFL franchise rebuilt their off-site content operation for an era when teams...
28/07/2026
Longtime partners expand viewer choice, data-driven analysis, access, immersive ...
28/07/2026
There is a unique moment before every major production. The audience never sees it.
The cameras are ready. The talent is preparing. Directors review the final...
28/07/2026
The CW Network and ESPN have announced their highly anticipated streaming agreement to bring CW Sports' live events to the ESPN App will officially launch o...
28/07/2026
As more than tens of thousands of spectators filled Paris' Champ de Mars and...
28/07/2026
Appear's X Platform played a central role in Chile's first large-scale c...
28/07/2026
Responding to the broadcast industry's shift to embrace more flexible production platforms, Solid State Logic (SSL) is evolving its comprehensive System T p...
28/07/2026
Production leverages innovative camera technologies, AI, and data to capture the action in four-week inaugural competition
The first-ever professional dunking ...
28/07/2026
Prime Video to exclusively broadcast Wednesday night national NHL regular-season games in Canada...
28/07/2026
Every match will stream live on Paramount+ beginning in February,...
28/07/2026
Baxandall-inspired hardware EQ overhauled
TK Audio's Baxandall-inspired hardware EQ unit has just made a return, bringing the popular unit back into the...
28/07/2026
D700 system gains new live-focused rackmount surface
Asparion have just announced an expansion of their D700 control surface range, introducing a new model ...
28/07/2026
27 July 2026, Johannesburg - The National Film and Video Foundation (NFVF), an a...
28/07/2026
Ad Intel AI is Nielsen's first in a new generation of AI products built to t...
28/07/2026
Contribution to Europe's technological autonomy in the key industry telecommunications
aconnic AG (ISIN: DE000A0LBKW6), Munich, starts commercial shipments...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Encompass Digital Media has been selected by Channel 4, one of the UK's public service broadcasters, to deliver managed linear playout services as part of a...
28/07/2026
Cinegy GmbH, the premier provider of software-defined television technology, has confirmed a new partnership with leading Korean systems integrator and distribu...
28/07/2026
Limecraft today announces version 2026.5 of its AI-powered production platform. Limecraft 2026.5 https://(www.limecraft.com/limecraft-2026-5-multicam-quad-view-...
28/07/2026
X Platform technology enabled a premium UHD viewing experience through a hybrid ground-to-cloud architecture developed with Chilevisi n, ClaroVTR and Pixop
App...
28/07/2026
LiveU, the pioneer in IP-video transmission and cloud-based remote production, today announced it has set historic performance records during the 2026 World Foo...
28/07/2026
dhd.audio announces that its latest generation firmware, Version 10.4, is now available to DHD customers. Version 10.4 introduces expanded configuration capabil...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Brand's Intuitive Metering and Dialogue Tools Improve Efficiency and Maintain Clarity Across Projects Ranging from Sitcoms to Effects Heavy Fantasy Series
...
28/07/2026
TAG Video Systems, a leader in 100% software-based realtime media monitoring, multiviewing and quality control (QC), today announced the latest innovations to i...
28/07/2026
Harvard Athletics Transforms Collegiate Sports Storytelling with AJA Gear
Brie Clayton July 27, 2026
0 Comments
Between the maturation of IP and remot...
28/07/2026
New Live Action Projection Mapping Film Captured with URSA Cine 12K LF
Brie Clayton July 27, 2026
0 Comments
Large format sensor allows Texas Legacy ...
28/07/2026
NVIDIA Agent Toolkit Expands With New Omniverse Libraries, Putting AI Agents to ...
28/07/2026
AI Agents Expand Creative Tools to Millions
Brie Clayton July 27, 2026
0 Comments
Hero image courtesy of Epic Games
Leading creative applications are...
28/07/2026
How Rick Aggeler Built a Music Community for Boston Teens When he was a Berklee student, Aggeler volunteered at the Boys & Girls Clubs of Boston, where he hel...
28/07/2026
Tuesday 28 July 2026
Football is back on Sky Sports following its most watched ...