
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 ...
09/10/2026
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, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
30/09/2026
Drawn to the many moving pieces of a live broadcast, this Los Angeles native is building a path in production management and technical operations...
30/09/2026
TNT Sports goes big for its season opener in Philadelphia, and REMI workflows at Techwood will again anchor much of regular-season production...
30/09/2026
Qvest has appointed Katlyn Alexander as CEO of Qvest in North America, effective August 16, 2026. Alexander, who previously served as COO of Qvest US, succeeds ...
30/09/2026
The American Association of Professional Baseball (AAPB) has wrapped its 2026 season, with leaguewide attendance surpassing 1.4 million for the fifth consecutiv...
30/09/2026
Veritone has announced a multi-year content licensing agreement with ATP Media, the broadcast production and distribution arm of the ATP Tour, making ATP's ...
30/09/2026
Netflix has announced it will become the exclusive home for WWE programming in Japan beginning October 1, 2026. The lineup includes Raw, SmackDown, NXT, Premium...
30/09/2026
SES and Sky have announced a new multi-year agreement for direct-to-home satellite services across the United Kingdom and Republic of Ireland, running into the ...
30/09/2026
Big Blue Marble has announced the addition of live multiview channels to its Clo...
30/09/2026
The NHRA has announced multi-year media rights agreements with FOX Sports, The C...
30/09/2026
FOX 5 Atlanta (WAGA-TV) will carry Nashville Predators games during the 2026-27 season as part of Scripps Sports' regional broadcast network for the team. G...
30/09/2026
AI was a big buzz on the IBC show floor but there weren't a ton of companies...
30/09/2026
The PGA TOUR has announced the appointment ofRyan Holcomb as Senior Vice President and Head of Original Content, according to The Hollywood Reporter. Holcomb wi...
30/09/2026
The sound will be more immersive, with improved design and more mikes on the ice and the players
The National Hockey League's season opener on Tuesday nigh...
30/09/2026
TNT Sports is dropping the puck on the 2026-27 NHL season in a big way in Philad...
30/09/2026
The International Swimming League ( ISL ) today announced the appointment of Gravity Media, global leader in live production and content and media services and ...
30/09/2026
By Ramona Flume
One of the most exciting things about the Sundance Film Festiva...
30/09/2026
Add an envelope generator to any plug-in
Sync Audio's latest creation is a handy utility plug-in that can be used to combine and modulate other effects ...
30/09/2026
All-analogue tape-style drive joins Series A
Strymon's reputation was built on their digital knowhow, so many were surprised (and intrigued) when they a...
30/09/2026
Two new expansion packs released
Sonuscore have just introduced two new expansion packs for The Pulse, its production engine instrument for modern cinematic...
30/09/2026
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...
30/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/09/2026
The An Evening with Emerson, Lake and Palmer tour brings one of rock's most iconic bands back to the stage. These performances seamlessly blend live foota...
30/09/2026
Schibsted Media, one of Norways largest and most influential digital media publishers and content producers, has invested in mixers and digital signal processor...
30/09/2026
Big Blue Marble announces the addition of live multiview channels to Cloud Video Kit, its broadcast-grade video processing platform. The feature is powered by A...
30/09/2026
Leading video software provider Synamedia today announced that Telekom Slovenije, Slovenia's largest provider of telecommunications and TV services, is open...
30/09/2026
PODCAST EXPO 2026 Recorded Using Blackmagic Design Workflow
Brie Clayton September 29, 2026
0 Comments
Conference featuring 24 sessions over two days ...
30/09/2026
IBC2026 Show Report
David Kirk September 29, 2026
0 Comments
The International Broadcasting Convention has long been Europe's equivalent of the US...
30/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/09/2026
Mavis has launched Mavis Camera 8.2, the latest release of its professional camera app for the iPhone and iPad. This update brings support for iPhone 18 Pro and...
30/09/2026
September 30th, 2026
TRIBECA FESTIVAL ANNOUNCES 2027 DATES AND CALLS FOR SUBMISSIONS
Following a Record Box Office Year, the 26th Edition, Presented by OKX,...
30/09/2026
New Solution Expands Harmonic's Network Intelligence Portfolio and Brings Comcast-Developed Fiber Monitoring Technology to Broadband Operators, Providing Re...
30/09/2026
Thank you to Film-TV Video for the original article - you can view it here
It was early 1983. I had just turned 21 when I joined Hitachi Denshi's European...
30/09/2026
How to Shop Well Now starts Monday at 9.35pm
on RT One and RT Player
On the...
30/09/2026
Building on nearly a decade of co-engineering, CoreWeave has built NVIDIA compute, networking and software into a cloud purpose-built for AI that's still re...
29/09/2026
Oak View Group (OVG) has announced Cisco as an Official Technology Partner, with plans to standardize infrastructure across its venue network on Cisco solutions...
29/09/2026
SportsNet Pittsburgh (SNP) won three honors at the 2026 Mid-Atlantic Emmy Awards.
Program awards went to Bucs BP in the Sports Program Live category (produced ...
29/09/2026
The Professional Women's Hockey League has announced home openers for all 12 teams for the 2026-27 season, along with a broadcast partnership with CBC under...
29/09/2026
Manifold technologies has been recognized as a contributor to the Media eXchange...
29/09/2026
FuboTV has announced My Local Sports, allowing subscribers in select markets to add their local regional sports network (RSN) as an add-on to a Fubo Sports subs...
29/09/2026
Asian News International (ANI), a wire agency and video news provider based in India, has deployed Grass Valley's AMPP Media Operating System and Framelight...
29/09/2026
South African Broadcasting Corporation (SABC) has deployed Ikegami UHK-X600 cameras as part of an upgrade to IP-based production infrastructure. The deployment ...
29/09/2026
REMI, REMCO models will drive the bulk of the broadcaster's NHL productions ...
29/09/2026
Three years in, the facility is supporting more centralized race production, com...
29/09/2026
NBC, Peacock, and NBSN are carrying all four Wild Card series with a production ...