
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 ...
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...
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...
22/05/2026
Germany's Magenta TV, which will have 44 exclusive FIFA World Cup match broa...
22/05/2026
DAZN, the world's leading sports entertainment platform, has acquired global broadcast rights to the International Federation of American Football's ( I...
22/05/2026
ATHLOS, the all-women's professional track and field league, has announced i...
22/05/2026
The National Academy of Television Arts & Sciences (NATAS) today announced that the 47th Annual Sports Emmy Awards and the 47th Annual News & Documentary Emmy A...
22/05/2026
Wooden Camera today announced the release of new accessories for the Blackmagic URSA Cine Immersive. The new lineup includes a redesigned Top Plate and Side Rai...
22/05/2026
YES Network and OTT Advisors have announced a sixth consecutive season of their streaming partnership, continuing their collaboration on the Gotham app. OTT Adv...
22/05/2026
NESN, New England's premier sports network, will again turn its camera to Fe...
22/05/2026
Dale Pro Audio is hosting an RF over Fiber Livestream Webinar on May 28 from 1-2:30 pm EST. With major sporting events and large-scale productions putting incre...
22/05/2026
Audio-Technica has announced key leadership appointments designed to further strengthen its sales organization and drive continued growth across the Americas. M...
22/05/2026
After nearly four decades shaping the global combat sports landscape, Scott Coker has announced a powerful return as he looks to build a new international mixed...
22/05/2026
Skyline Communications, the company behind the globally deployed DataMiner xOps platform, today announced the launch of xOps Vanguard Runway, a strategic accele...
22/05/2026
For the fully onsite production, 30 cameras - including a SkyCam and Megalodon - will capture the action in Texas
One of the world's biggest rodeo producti...
22/05/2026
Leading Argentina-based sports media company Torneos y Competencias S.A. has modernized its playout operations, implementing a fully redundant, multichannel env...
22/05/2026
As the 2026 Major League Pickleball season kicks off this weekend in Dallas, it ...
22/05/2026
Shure has become a minority investor in Edge Sound Research, a start-up company that is developing new experiential audio technologies that redefine how many au...
22/05/2026
In advance of this year's Sports Emmy Awards, SVG is taking a deep dive into...
22/05/2026
The National Hockey League (NHL) and Amazon Music announced that GRAMMY Award-winning superstar Jelly Roll will provide the official theme song of the 2026 Stan...
22/05/2026
David Pogue will keynote SVV Summer Camp and discuss Apple at 50: How the World...
22/05/2026
In its second year as rightsholder, FOX Sports goes bigger across the board for ...
22/05/2026
Heading into FOX Sports' second Indianapolis 500, Lead Director Mitch Riggin...
22/05/2026
At our 2026 Investor Day, we shared an inside look at the rebuild of our advertising business. This pivot to our own purpose-built platform is already driving s...
22/05/2026
Podcasting on Spotify continues to grow, and so do the ways listeners engage with it. At Investor Day 2026, we shared how we're building the next chapter of...
22/05/2026
Limited-time collections now available
Restoration experts CEDAR Audio have recently launched a new line of Icons plug-ins that make their powerful processo...
22/05/2026
Three new classics join Model Pass line-up
Boss' PX-1 Plugout Pedal offers an innovative approach to guitar pedals, providing users with a hardware stom...
22/05/2026
At its Meitingen site, SGL Carbon has implemented two key projects to further de...
22/05/2026
Statement regarding 2026 National NAIDOC Lifetime Achievement Award for the late...
22/05/2026
Latest data reveals steady distributor rankings, a seasonal shift toward digital...
22/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/05/2026
Amagi Media Labs Limited (NSE: AMAGI, BSE: 544679), a cloud-native SaaS platform providing AI-enabled solutions to global media and entertainment companies, tod...
22/05/2026
An nima Post Relies on Cintel to Revive Classic Mexican Films
Brie Clayton May 22, 2026
0 Comments
Film scanner and DaVinci Resolve Studio help manage...
22/05/2026
Boris FX Sapphire Adds Optical Beauty and Hypnotic Textures
Jessie Electa Petrov May 22, 2026
0 Comments
The 2026.5 release introduces advanced defocu...
22/05/2026
Deployment Preserves Trusted Workflows While Enabling a Path to UHD and SMPTE ST 2110
Leading Argentina-based sports media company Torneos y Competencias S.A....
22/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/05/2026
Back to All News
Ex-Husband, Current Husband, One Wild Rescue: Korean Action Co...
22/05/2026
Catch the latest in Irish music live from venues such as Whelan's, R is n Du...
21/05/2026
Game Creek Video Columbia and Celtic, NEP Supershooter 8 will house onsite produ...
21/05/2026
Freshly graduated, this upstart producer, director, and camera operator is already working as an AP on videoboard shows for the Philadelphia Phillies
In the li...
21/05/2026
Media Links has announced a channel partnership with Clearcast Asia, a broadcast...
21/05/2026
SiriusXM and NASCAR have announced a multi-year renewal of their broadcasting agreement. SiriusXM will continue to carry live broadcasts of every NASCAR Cup Ser...
21/05/2026
Audio-Technica held a demonstration event at its Technica House location in New ...
21/05/2026
Ateme has announced that RTL Deutschland has selected Ateme's software-based...
21/05/2026
LiveU has announced that BCC Live deployed the LU900Q intelligent production unit for the first time during the 2026 Memorial Hermann IRONMAN Texas North Americ...
21/05/2026
ATSC has announced that Mark Aitken, President of ONE Media and Senior VP of Advanced Technology at Sinclair Broadcast Group, will receive the 2026 Mark Richer ...
21/05/2026
BBright has published a technical analysis of the Media eXchange Layer (MXL), de...