
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...
02/05/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
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...
12/02/2026
Chyron unveils PRIME 5.3, the latest software release of the company's powerful engine for live production graphics. PRIME 5.3 delivers the first official i...
12/02/2026
The vendor's VP of Product Management explains how quality assurance, monito...
12/02/2026
LTN announces the appointment of three experienced executives to lead its new Technology organization: Michal Miskin-Amir as EVP and Head of Technology, Jonatha...
12/02/2026
Riedel Communications has officially opened a new office in Kuala Lumpur, Malays...
12/02/2026
Grass Valley has won a competitive NATO-wide tender to provide the new camera system for NATO's main broadcast studio at its Brussels headquarters. The proj...
12/02/2026
Canon U.S.A announces that the vast majority of broadcast lenses utilized on the NBC live broadcast for the Big Game between New England and Seattle on Sunday w...
12/02/2026
The National Basketball Association (NBA) and NBC Sports announce the entertainm...
12/02/2026
The International Olympic Committee (IOC) announces that beIN MEDIA GROUP ( beIN ), the leading global sports, entertainment and media organisation, has secured...
12/02/2026
The Big 12 Conference and ASB GlassFloor introduces a full LED video sports floor that will debut at the 2026 Phillips 66 Big 12 Men's and Women's Baske...
12/02/2026
ESPN announces Year of the Super Bowl, a sweeping 12-month, multi-platform cel...
12/02/2026
Continuing its commitment to serving the faith-based broadcast and live event community, mobile production company TNDV, a division of Live Media Group, will hi...
12/02/2026
The production team of the long-running German investigative series Achtung Abz...
12/02/2026
Vizrt announces the launch of four Campus Stadium Production Bundles, designed t...
12/02/2026
At NAB Show, LiveU will showcase its broadest IP-video EcoSystem to date, design...
12/02/2026
Welcome to the Sports Video Group's new interview series, Follow the Money, ...
12/02/2026
400 Gbps of bandwidth, layered redundancy, and mobile-first connectivity powered...
12/02/2026
Valentine's Day often comes with a soundtrack. In fact, Spotify data shows that more people used Blend, our shared playlist feature, on February 14, 2025, t...
12/02/2026
Some days you want your music to reflect a specific feeling, memory, or vibe that goes beyond a single artist or genre. You want to do more than listen. You wan...
12/02/2026
Our Medicine S2: Frontline Medicine Through A Blak Lens
12 February, 2026
Media releases
A Bigger, Bolder Second Series showcasing First Nations Frontline ...
12/02/2026
L3Harris' VAMPIRE system fires Thales Belgian-made 70 MM rocket from an FZ60...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
The production team of the long-running German investigative series Achtung Abzocke recently upgraded its cameras for the show's 12th season. The objectiv...
12/02/2026
Leading provider of video streaming solutions, Bitmovin, has appointed Ian Baglow as Co-CEO alongside existing CEO and Co-Founder Stefan Lederer. Under this str...
12/02/2026
Vizrt, a leading viewer engagement platform and a trusted expert in live production technologies, today announces the launch of four Campus Stadium Production B...
12/02/2026
Strategic agreement to deliver S3 cloud storage in Switzerland with full data sovereignty and local control including at the level of individual cantons plu...
12/02/2026
Mad About Video is a leading specialist in video for live events and installations throughout Malta. In operation since 2011, it has evolved from a company focu...
12/02/2026
JAGGAER, a global leader in digital procurement and supplier collaboration solutions, today announced the successful delivery of a procurement digitalization pr...
12/02/2026
At NAB Show, LiveU will showcase its broadest IP-video EcoSystem to date, designed to help broadcasters and content creators embrace digital first operations, d...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/02/2026
The six-part crime drama, created by Claire Oakley and produced by Little Door P...
12/02/2026
Wuppertal February 12, 2026
Riedel Opens Kuala Lumpur Office to Strengthen Glo...
12/02/2026
Back to All News
Netflix unveils the trailer for That Night
Entertainment
12 February 2026
GlobalSpain
Link copied to clipboard
WATCH THE TRAILER
DOWNLOA...
12/02/2026
The Digital Product Passport: A New Era of Transparency and Sustainability
Arvato Systems supports companies in getting started with the digital product passp...
12/02/2026
At leading institutions across the globe, the NVIDIA DGX Spark desktop supercomputer is bringing data center class AI to lab benches, faculty offices and studen...
12/02/2026
A diagnostic insight in healthcare. A character's dialogue in an interactive...
12/02/2026
The GeForce NOW sixth-anniversary festivities roll on this February, continuing a monthlong celebration of NVIDIA's cloud gaming service.
This week brings ...
12/02/2026
TIME100 Health list features Scripps Research Professor Darrell Irvine Irvine is recognized for his work in empowering the immune system to fight disease, which...
11/02/2026
FYI: Phone Support Maintenance One thing we pride ourselves on here at Utah Scientific is our 24-hour support included with our signature 10-year hardware warra...
11/02/2026
Leading provider of video streaming solutions, Bitmovin, has appointed Ian Baglow as Co-CEO alongside existing CEO and Co-Founder Stefan Lederer. Under this str...