
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
11/12/2025
Dalet, a leading provider of cloud-native, end-to-end media workflow solutions, ...
21/11/2025
WASHINGTON The Federal Communications Commission by a 3-0 vote adopted a Notice of Proposed Rulemaking (NPRM) to advance Congress's mandate to clear a minim...
21/11/2025
STAMFORD, Conn. Charter's Spectrum has expanded the devices that can offer 4K content on the Spectrum TV app to compatible Apple TV 4K and Roku devices....
21/11/2025
NAPERVILLE, Ill. Media industry employers are continuing their multiyear trend of increasing salaries for all worker segments but lag general industry raises, s...
21/11/2025
WASHINGTON The National Association of Broadcasters said it is accepting nominations for the 2026 NAB Technology Awards, honors that recognize excellence in bro...
21/11/2025
American Amplifier Technologies has released a vector network analysis module....
21/11/2025
The Best Movie Musicals on Every Streaming Platform From Wicked to The Sound of Music, heres where to stream all the classic movie musicals and recent hits on...
20/11/2025
MLB Media-Rights Shakeup: NBC's New Three-Year Deal Covers Sunday Night Bas...
20/11/2025
MLB Media-Rights Shakeup: New Deal Will Bring 30 National Games to ESPN's Li...
20/11/2025
MLB Media-Rights Shakeup: Netflix Lands Opening Night, Home Run Derby, Field of ...
20/11/2025
MLB Media-Rights Shakeup Overview: ESPN, NBCU, Netflix Ink Three-Year DealsESPN gets new 30-game package, MLB.TV; NBC extends Sunday nights; Netflix adds tentpo...
20/11/2025
SVG Students To Watch: Henry Thuss, Indiana UniversityThe Southern California product has his goals set on the front benchBy Brandon Costa, Director of Digital ...
20/11/2025
Done+Dusted's Guy Carrington on Creating the Spectacular League of Legends W...
20/11/2025
FIA Extreme H World Cup Host Broadcaster Aurora Goes Inside the Production of th...
20/11/2025
Platinum White Paper: Amagi Utilizes Cloud Production for Sports Events - Multi-...
20/11/2025
2025 Sports Broadcasting Hall of Fame: Marc Herklotz, Steady Hand Behind the Sce...
20/11/2025
NFL Deep Dive: How 32 Cameras at Each Stadium Drive Virtual Measurement, Boundar...
20/11/2025
Charlie Shackleton attends the 2025 Sundance Film Festival premiere of Zodiac K...
20/11/2025
Your playlists are personal. They're the soundtracks to your road trips, your quiet mornings, and your biggest celebrations; collections of memories and dis...
20/11/2025
Spotify, uzun s redir zerine al t T rk m zik k lt r n n ikon haline gelmi ...
20/11/2025
For the first time, Spotify has teamed up with The Hollywood Reporter to cohost ...
20/11/2025
This year's ARIA Awards marked a turning point for Australian music, and Spotify was right at the heart of it. For the first time in the awards' nearly ...
20/11/2025
L3Harris has achieved NSA Cybersecurity Directorate certification for its KSV-650 space hub end cryptographic unit, ensuring secure, adaptable communications fo...
20/11/2025
L3Harris is strengthening its long-term partnership with Poland through the opening of a new facility in Warsaw to serve as a central business hub for regional ...
20/11/2025
15 March 2012
SHARE Facebook Twitter Linkedin Email
Cinegy and Vericom are pleased to announce the recent deployment of Cinegy Archive for production and as...
20/11/2025
6 September 2012
SHARE Facebook Twitter Linkedin Email
FIC Turkey supplies media content to Pay TV under Fox TV Channel brands in Turkey.
At the start of s...
20/11/2025
25 June 2014
SHARE Facebook Twitter Linkedin Email
Last month VIVA finalized its Cinegy installation in order to produce and broadcast the World Cup Brazil ...
20/11/2025
1 October 2014
SHARE Facebook Twitter Linkedin Email
With 5 locations spread out around Baden-W rttemberg, Schw bisch Media required a scalable end to end s...
20/11/2025
27 April 2015
SHARE Facebook Twitter Linkedin Email
Cinegy, which develops and produces media asset management products that are used in flagship production...
20/11/2025
12 August 2015
SHARE Facebook Twitter Linkedin Email
Munich, Germany, 26 October 2015 - Cinegy, which develops and produces software technology for digital ...
20/11/2025
5 November 2015
SHARE Facebook Twitter Linkedin Email
Munich, Germany 3 November 2015 - Cinegy, which develops and produces software technology for digital ...
20/11/2025
12 February 2016
SHARE Facebook Twitter Linkedin Email
Munich, Germany 9 February 2016 - Cinegy, which develops and produces software technology for digital...
20/11/2025
22 June 2016
SHARE Facebook Twitter Linkedin Email
Munich, Germany 21 June 2016 - Cinegy today announced that ABS BROADCAST, one of the largest independentl...
20/11/2025
10 January 2017
SHARE Facebook Twitter Linkedin Email
Find us on page 12 of the Program Guide 2016
Tags
NewBay Media Awards , Program Guide 2016 , broadc...
20/11/2025
15 March 2017
SHARE Facebook Twitter Linkedin Email
Munich, Germany 15 March 2017 - Cinegy today announced that Thailand's Next Step direct-to-home Free...
20/11/2025
12 December 2017
SHARE Facebook Twitter Linkedin Email
Munich, Germany 13 December 2017 - Cinegy today announced that it is making its Cinegy Air Cloud Pack...
20/11/2025
25 June 2018
SHARE Facebook Twitter Linkedin Email
Munich 25th June 2018 - Cinegy today announced that Canada-based Accessible Media Inc. (AMI) has implemen...
20/11/2025
27 May 2019
SHARE Facebook Twitter Linkedin Email
The best quality live video from the worst networks - Haivision
Although DVB and the World Wide Web are...
20/11/2025
24 November 2020
SHARE Facebook Twitter Linkedin Email
ATV Expand and Increase their Playout and Editing Capabilities using Cinegy Software
Munich, Germany...
20/11/2025
1 September 2021
SHARE Facebook Twitter Linkedin Email
Munich, Germany, 1st September 2021:
Cinegy GmbH, the premier provider of software technology for di...
20/11/2025
20 September 2021
SHARE Facebook Twitter Linkedin Email
ElectronicVerve continues a strong history of supporting Cinegy customers in India
Munich, Germany,...
20/11/2025
1 November 2022
SHARE Facebook Twitter Linkedin Email
Munich, Germany, 01 November 2022: Cinegy, a premier provider of software technology for digital video...
20/11/2025
31 October 2023
SHARE Facebook Twitter Linkedin Email
Britt Broadcast at TBC...
20/11/2025
CINCINNATI Oklahoma Community Television (OCT) has selected GatesAir and Triveni Digital as key technology partners in an ATSC 3.0 deployment that establishes a...
20/11/2025
WASHINGTON The Federal Communications Commission has opened a wide-ranging inquiry into the relations between broadcast networks and their affiliates that could...
20/11/2025
NEW YORK Ad spend in the creator economy has more than doubled since 2021 from $13.9B to $29.5B in 2024 and that amount is projected to reach $37 billion in 202...
20/11/2025
Graduate Spotlight: Krysta Mirsik DePuy The educator from Hackettstown, New Jersey, shares how it took her 11 years to find the right graduate program for her...
20/11/2025
LONDON The winners of the Rise Awards 2025, which recognize women and companies whose achievements have stood out in the media technology industry, have been an...
20/11/2025
SANTA MONICA & NEW YORK Lionsgate's Worldwide Television Distribution Group and Debmar-Mercury have launched MovieSphere Gold in more than 30 million homes....
20/11/2025
ALAMEDA, Calif. Clear-Com has introduced its four-channel HelixNet beltpack, a next-generation advancement of its widely used two-channel model, and anticipates...