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 ...

06/09/2026

Dolby and MagentaTV Bring Fans Closer to the FIFA World Cup 2026 in Germany with Dolby Vision and Dolby Atmos

June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...

04/08/2026

Dalet Announces Commercial Availability of Dalia, Bringing Media-Aware Agentic AI to Enterprise Productions

Dalet, a leading technology and service provider for media-rich organizations, t...

04/07/2026

Detective Conan: Fallen Angel of the Highway Opens in Dolby Cinemas Across Japan, Presented in Dolby Atmos and Dolby ...

April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...

27/06/2026

MultiDyne Acquires the Assets of MRMC

Share Copy link Facebook X Linkedin Bluesky Email...

27/06/2026

Spectrum Intelligence Ventures Launches Latis

Share Copy link Facebook X Linkedin Bluesky Email...

27/06/2026

Krotos Video to Sound Plugin Now Available for Adobe Premiere Pro

Krotos Video to Sound Plugin Now Available for Adobe Premiere Pro Brie Clayton June 26, 2026 0 Comments Editors can analyze footage, generate synchron...

27/06/2026

Mirai Media Elevates Digital and Broadcast Productions with Blackmagic Design

Mirai Media Elevates Digital and Broadcast Productions with Blackmagic Design Brie Clayton June 26, 2026 0 Comments Studio uses Ultimatte 12 HD and Po...

27/06/2026

Lutra Cafe & Bakery Opens At American Tobacco Campus

DURHAM, N.C. - JUNE 26, 2026 - Lutra Cafe & Bakery has opened its first brick-and-mortar location at American Tobacco Campus after owner Chris McLaurin operated...

26/06/2026

SVG GameDay, Ep. 21: Minnesota Vikings Allan Wertheimer - Large-Scale Shows in Minny

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

26/06/2026

Strike Fighter League Announces Second Online Tournament, Set for July 25 in Las Vegas

Strike Fighter League (SFL), a professional air combat digital sport combining f...

26/06/2026

InfoComm 2026: Wisycom Announces MPR60 Firmware Update, MATF Antenna Matrix, and PFL RFoF Box

Wisycom has announced three new additions to its professional wireless ecosystem...

26/06/2026

Eurovision Services Inaugurates Expanded Master Control Room in Madrid

Eurovision Services inaugurated an expanded Master Control Room (MCR) in Madrid on June 1, 2026, building on a broadcast hub the company has operated in the cit...

26/06/2026

Midco Sports and University of North Dakota Renew Broadcast and Sponsorship Partnership

Midco Sports and the University of North Dakota (UND) have announced a two-year ...

26/06/2026

G&D and VuWall Appoint Vutec as Exclusive South Africa Distributor

Guntermann and Drunck (G&D) and VuWall, both part of the Panoptec Technologies Group, have appointed Vutec (Pty) Ltd as exclusive distributor for their KVM and ...

26/06/2026

Visit Seattle Launches Drone Scoreboard at Space Needle for FIFA World Cup 2026

Visit Seattle, the official destination marketing organization for Seattle and King County, has launched what it describes as the world's first drone scoreb...

26/06/2026

CP Communications Provides RF and Wireless Support for 2026 NBA Draft at Barclays Center

CP Communications provided RF video, audio, and crew communications support for ...

26/06/2026

Reimagined MoonPay X Games League Kicks Off With Three-Day Event in Sacramento

Produced by longtime partner Echo Entertainment, the action-sports property is now a team-based year-round league The inaugural season of the MoonPay X Games L...

26/06/2026

MultiDyne Acquires MRMC, Expands into Camera Robotics and Motion Control

The deal establishes MultiDyne Robotics and Motion Control, maintaining the well-known MRMC brand.MultiDyne Video & Fiber Optic Systems has acquired the assets ...

26/06/2026

TNT Sports Heads Into Year 2 of NASCAR Return With New NEP Truck, Expanded In-Car Experience

PX1 will debut at Sonoma as TNT leans into super-slo-mo, drones, SMT data integr...

26/06/2026

Ratings Roundup: USMNT-Australia Draws 23M Viewers; Mexico-South Korea Is Most-Watched Spanish-Language Soccer Match Ever

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

26/06/2026

David Kuckhermann brings calabash to Celemony Tonalic

Virtual session musician plug-in gains new percussion options Celemony's latest update for their virtual session musician platform complements the exist...

26/06/2026

Softube unveil the Console 1 Compact

Half-size model joins Console 1 line-up Shortly after the release of their new Flow Studio controller, Softube have announced the launch of another new surf...

26/06/2026

ELT Group and Rohde & Schwarz sign a cooperation agreement to explore commercial opportunities in electromagnetic warfare and defense

ELT Group and Rohde & Schwarz sign a cooperation agreement to explore commercial...

26/06/2026

Lightware Powers Teddy Swims UK And Europe Tour With Adva...

For Teddy Swims sold-out I've Tried Everything But Therapy tour, event technology specialists, PRG, provided video, automation and lighting across 19 date...

26/06/2026

Taurus TPN powers AV workflows at NurnbergMesse

Modern exhibition and event venues face the challenge of seamlessly integrating traditional conference technology, professional broadcast workflows and IP-based...

26/06/2026

FCC Adopts New Cybersecurity Requirements for Alerting Systems

Share Copy link Facebook X Linkedin Bluesky Email...

26/06/2026

Study: Roku Most Used But Not Highest Rated Streaming Platform

Share Copy link Facebook X Linkedin Bluesky Email...

26/06/2026

Samsung Ads Announces First Shoppable CTV Partners

Share Copy link Facebook X Linkedin Bluesky Email...

26/06/2026

Gray Media Names Annie Cordell General Manager of WMBF

Share Copy link Facebook X Linkedin Bluesky Email...

26/06/2026

Neko Oji: The Guy That Got Reincarnated as a Cat Edited with DaVinci Resolve Studio

Neko Oji: The Guy That Got Reincarnated as a Cat Edited with DaVinci Resolve Stu...

26/06/2026

Adobe to Acquire Topaz Labs

Adobe to Acquire Topaz Labs Brie Clayton June 25, 2026 0 Comments Adobe has seen strong demand for its AI products for creatives, including Adobe Fire...

26/06/2026

Berklee Students Earn Dedicated Section at Raindance Film Festival in London

Berklee Students Earn Dedicated Section at Raindance Film Festival in London Five documentary short films produced in the Africana Studies Department screen a...

26/06/2026

Prison Wives of TikTok is Locked In for U and U&W

Flicker Productions to produce five-part docu-reality series following women who have fallen for men in prison and have become TikTok sensations, with brands an...

26/06/2026

Automating post-production workflows with Baselight, Daylight, Nara & FilmLight API. New York. 8 July 2026

Catch up on the latest developments across Baselight and Daylight v7, Nara and F...

26/06/2026

DFT installs second Polar HQ at China News Film Confirming Position as China's Leading 8K Film Preservation Partner

26. June 2026 News DFT is pleased to announce that a second Polar HQ film s...

26/06/2026

New documentary Freedom Founder: Thomas McKean and the American Revolution comes to RT

New documentary Freedom Founder: Thomas McKean and the American Revolution airs ...

25/06/2026

Launching a Career in Broadcast Engineering: Academic Paths and Essential Certifications

Launching a Career in Broadcast Engineering: Academic Paths and Essential Certif...

25/06/2026

SVG Students To Watch: Jude Kieffer, Ball State University

This superstar shooter/storyteller from Central Indiana hopes to make his mark in the blossoming sports-documentary and -features space In the live-sports-vid...

25/06/2026

Presidio and NHL Renew Multiyear North American Technology Partnership

Presidio and the National Hockey League have announced a multiyear renewal of their North American partnership. Presidio will remain an Official Technology Inno...

25/06/2026

Strike Fighter League Hits the Industry as First Professional Air Combat Sport

Strike Fighter League (SFL) is the world's first professional air combat digital sport that combines elite human performance and physical immersion with cut...

25/06/2026

Rise Reveals 2026 Worldwide Mentoring Cohorts to Support Future Industry Leaders

Rise, the award-winning advocacy group for gender diversity in the broadcast and media technology sector, is pleased to announce the global mentoring cohort for...

25/06/2026

MLB Network To Air American Association of Professional Baseball All-Star Game for First Time on July 15

The 2026 American Association of Professional Baseball (AAPB) All-Star Game will...

25/06/2026

Mediaproxy Partners with HVS for U.S. Broadcast Market

Mediaproxy has named Heartland Video Systems (HVS) as its exclusive partner for US television broadcasting. The Wisconsin-based systems integrator will represen...

25/06/2026

Backblaze Inks Five-Year Multi-Exabyte Data Storage Agreement with CoreWeave

Backblaze has formed an agreement with CoreWeave to create The Essential Cloud for AI. Under the multi-exabyte, $335 million agreement, Backblaze will provide...

25/06/2026

Clear-Com FreeSpeak Cell Tested by RTL Deutschland on 5G Network at Nrburgring

Clear-Com has announced the successful deployment and testing of FreeSpeak Cell by RTL Deutschland during a live event production at the N rburgring race circui...

25/06/2026

Mobile TV Group Launches Full-Stack MTVG Production Platform, Powers Angels Broadcast Television

Mobile TV Group (MTVG) has announced the launch of the MTVG Production Platform,...

25/06/2026

Sony Pictures Entertainment Announces $100 Million Investment in Cosm

Sony Pictures Entertainment (SPE) has announced a $100 million strategic investment in Cosm as lead investor in the company's Series C financing round, acqu...

25/06/2026

FOX Sports Renews Concacaf Gold Cup Rights and Adds Nations League Through 2029

FOX Sports and Concacaf have announced a multi-year media rights agreement making FOX Sports the U.S. English-language home of the Concacaf Gold Cup and Concaca...

25/06/2026

InfoComm 2026: Daktronics and Grass Valley Win rAVe Pubs Best Solution for Large Venue or Live Events

Daktronics and Grass Valley have received the rAVe Pubs Best Solution for Large ...