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 ...
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...
02/05/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
01/04/2026
January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION
Douyin Users Can Now Create And Share Videos With Stun...
04/03/2026
Lega Basket Serie A (LBA), the governing body for Italy's premier basketball...
04/03/2026
Wrexham AFC co-chairmen Rob Mac and Ryan Reynolds will host a first-of-its-kind ...
04/03/2026
The countdown is underway and with just 100 days to go until the world's greatest sporting event begins on Thurs., June 11, FOX Sports, America's Englis...
04/03/2026
No matter where they are in the world, service members and veterans can stream N...
04/03/2026
Telemundo officially releases Somos M s, the anthem for the network's cove...
04/03/2026
The Hollywood Professional Association (HPA) concluded the 2026 HPA Tech Retreat, convening more than 800 industry leaders, technologists, creatives, and execut...
04/03/2026
Smith Entertainment Group transformed how local sports are consumed by creating ...
04/03/2026
The production method, which spans a distance of 36.2 miles, was designed and im...
04/03/2026
Haivision, a global provider of mission-critical, real-time video networking and...
04/03/2026
When Hugues Meyrath came out of retirement to take the helm as CEO of Quantum, i...
04/03/2026
Last week's launch of Banana Ball Championship League has spurred a significant upgrade of production facilities
The Savannah Bananas, arguably the hottest...
04/03/2026
sldkfjsdlfkjsldkfjsldkjfslkdjfslkdjfsl
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus...
04/03/2026
For many fans, a song's backstory can be just as compelling as the final pro...
04/03/2026
In 2006, Spotify was founded on the belief that technology could bring artists a...
04/03/2026
Spotify is back on the ground for the Houston Livestock Show and Rodeo, and we&#...
04/03/2026
Spotify had an energizing week in Sydney, Australia, filled with powerful conver...
04/03/2026
Earlier this year, we launched Directed By, a documentary-style series that pull...
04/03/2026
100 Days to Go: SBS Unveils World Class Team for The Greatest Show on Earth -The...
04/03/2026
KT and Rohde & Schwarz to showcase AI-enhanced radio transmission performance In a joint 6G AI proof-of-concept demonstration, the CMX500 one-box tester from ...
04/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/03/2026
Luxembourg, 3 March 2026 - SES S.A. has today published its 2025 Annual Report, following the announcement of the company's full year financial results for ...
04/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/03/2026
Luxembourg, March 3, 2026 - SES, a leading space solutions company, along with I...
04/03/2026
04 Mar 2026
VEON Partners with GSMA Innovation Fund to Accelerate Digital Innov...
04/03/2026
04 Mar 2026
VEON's Beeline Uzbekistan and Rakuten Symphony Partner for Open...
04/03/2026
Wednesday 4 March 2026
Sky Sports unveils plans for 2026 Formula 1 coverage
Sky Sports is preparing for one of the most highly anticipated F1 seasons in recen...
04/03/2026
Back to All News
Bloodhounds' Season 2 Gears Up for April 3 Premiere with ...
04/03/2026
Back to All News
Netflix Ads Suite Expands Capabilities
Business
04 March 2026
GlobalUnited States
Link copied to clipboard
After launching the Netflix Ad...
04/03/2026
Scripps Research welcomes healthcare innovator Joe Kiani to the Board of Directors Kiani brings decades of experience in patient safety and public service.
Mar...
04/03/2026
Nanoparticle vaccine approach takes on a new target: Hepatitis C virus Scripps Research scientists reengineer critical proteins on the surface of HCV, paving th...
03/03/2026
Beyond Sports, a Sony group company, and LIV Golf, the world's golf league, ...
03/03/2026
Ilitch Sports + Entertainment announces the launch of Detroit SportsNet (DSN), a year-round broadcast home for two of Detroit's franchises. With flexible op...
03/03/2026
Advanced Systems Group, LLC (ASG), a technology and services provider for media ...
03/03/2026
The PGA of America, NBC Sports and USA Sports extend their media rights agreemen...
03/03/2026
AI device ecosystem company HONOR enters into a strategic technical collaboratio...
03/03/2026
Cleveland's Telos Alliance, pioneers in broadcast technology for 30 years, l...
03/03/2026
The MD 9235 microphone head for wireless handhelds has been a firm favorite with many engineers and artists for its ability to cut through high on-stage levels ...
03/03/2026
Haivision Systems Inc. (Haivision), a global provider of mission-critical, real-...
03/03/2026
Broadcast Management Group (BMG) announces the expansion of its 62,000-square-fo...
03/03/2026
Maroon 5's musical tour in 2025 marked a leap forward in live audio as Monitor Engineer Dave Rupsch utilized Sennheiser's all-digital Spectera wireless ...
03/03/2026
Designed specifically for pro basketball, the renovated space at Gainbridge Fiel...
03/03/2026
As part of the move, former CEO Phillipp Lawo joins the broadcast-tech provider's Supervisory Board
Lawo has announced appointment of Jamie Dunn as chief e...
03/03/2026
A team of legendary announcers and analysts and a classic graphics look will bring the past to life
NBC Sports and Peacock will return to yesteryear for tonigh...
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.
