
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 ...
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...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
23/06/2026
When we began planning our transition from an SDI-based infrastructure to a new ...
23/06/2026
Imagine Communications has announced the appointment of Greg Garmon as Senior Vice President, Americas Video Sales. Garmon will oversee account growth and busin...
23/06/2026
Snap has promoted Emma Wakely to Head of Sports and Media Partnerships, Americas, succeeding Anmol Malhotra, who has been elevated to Global Head of Content and...
23/06/2026
YES Network and The Gotham Sports App will air MI New York's Major League Cr...
23/06/2026
The Universal Talent Identifier (HAND) has issued HAND IDs to 34 top projected prospects in the 2026 NBA Draft class, including AJ Dybantsa, Cameron Boozer, and...
23/06/2026
World Boxing has announced the launch of World Boxing TV, a subscription-based streaming platform built on the Joymo platform, offering live events, on-demand c...
23/06/2026
FloSports will stream 32 off-road motorcycle racing events on FloRacing, includi...
23/06/2026
SES has announced the expansion of its ASTRA TV platform in Spain with the addition of 14 regional channels in HD and UHD quality and the launch of new hybrid s...
23/06/2026
Appear ASA has announced its role in Rede Legislativa de R dio e TV's contri...
23/06/2026
LTN has announced that PBS has selected it as its IP video partner to modernize content distribution and contribution across more than 330 public television sta...
23/06/2026
Ease Live has announced that its graphics overlay platform is powering an interactive fan experience on Rally.TV, the official streaming platform of the FIA Wor...
23/06/2026
Chyron has announced updates to Chyron LIVE, its cloud-native live production pl...
23/06/2026
ESPN has announced ESPN Fan House, a fan engagement hub powered by Flowcode, launching in August ahead of the 2026 college football season. Publicis Sports will...
23/06/2026
The city's solid position in broadcast, entertainment, and sports attracted the major microphone manufacturer
Sennheiser Group is moving its Americas Regio...
23/06/2026
128 channels of signal routing & DSP
Announced just before the NAMM Show 2026, Violet Audio's latest digital audio matrix offers 128 channels of signal ...
23/06/2026
Latest Current expansion created by EPROM
Minimal Audio have just launched the latest Current Expansion, Memory Rites. Designed in collaboration with renown...
23/06/2026
Popular hardware EQ gets official plug-in emulation
Undertone Audio have just launched a new plug-in that brings one of their most popular hardware designs ...
23/06/2026
December 7, 2022
Colorfront (colorfront.com) - the multi-award-winning develope...
23/06/2026
April 23, 2026
NAB 2026, Las Vegas - the Academy and Emmy Award-winning develop...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
PlayBox Neo appoints Besco as Channel Reseller to establish a firm foothold in Asia Pacific's thriving high-tech export-driven economic boom
PlayBox Neo, t...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
LTN, a global leader in IP-based video transport and network services, today announced that PBS has selected LTN as its IP video partner to modernize and future...
23/06/2026
LiveU will introduce its Q Era to Australia and New Zealand for the first time at ABE2026 on Stand No. 25, (July 30 31). Leading the showcase is the LU900Q, a n...
23/06/2026
Miri Technologies Inc. has begun shipping its highly anticipated V410 live 4K video encoder/decoder for streaming, IP-based production workflows and AV-over-IP ...
23/06/2026
DHD audio reports the completion of an upgrade to the audio production facilities at the Galilee headquarters of Radio Tzafon. The station broadcasts two progra...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Multifaceted Growth Executive Brings 20+ Years of Experience Leading Organizations Across Tech and M&E
Imagine Communications today announced the appointment ...
23/06/2026
Australians in Film and Screen Australia's talent development initiative UNT...
23/06/2026
Visual Productions Unveils RdmRelay2 Four-channel Relay Control at InfoComm 2026
Brie Clayton June 22, 2026
0 Comments
New Relay Solution Combines DMX, ...
23/06/2026
SMPTE Makes Its Standards Freely Accessible, Opening Standards Library to the Gl...
23/06/2026
23rd June 2026, London: UKTV and BBC Entertainment have unveiled a joint co-comm...
23/06/2026
Also starring Jonny Lee Miller, Sheldon Shepherd and Bel Powley, the ambitious f...
23/06/2026
The priority now is a clear and credible plan
June 23, 2026, Winchester, UK - Arqiva, the UK's leading communications infrastructure provider, welcomes tod...
23/06/2026
The RT Toy Show Appeal has raised over 31 million since its inception in 2020 ...
23/06/2026
News Highlights:
NVIDIA technology runs 81% of the TOP500 and 90% of the systems new to the list.
26 systems on the TOP500 adopted the NVIDIA Grace CPU, up ei...
23/06/2026
Companies are asking how to build specialized AI that fits with the way their workflows actually run.
The first wave of enterprise AI was about access. Compan...
23/06/2026
Newly identified molecule strengthens the eye's response to damage in retinal disease Scripps Research discovery finds that restoring the naturally occurrin...
22/06/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
22/06/2026
Cosm has announced the appointment of David Ho as Chief Legal Officer, a newly created executive role reporting to President and CEO Jeb Terry. Ho will oversee ...
22/06/2026
Warner Bros. Discovery and Amazon Web Services (AWS) have announced the developm...
22/06/2026
Daktronics has completed an audio control system upgrade at Petco Park in San Di...