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 ...

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...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 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...

14/05/2026

Is This the Year for Agentic AI's Breakout in Broadcast?

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

CBS LA, Los Angeles Rams Ink New TV Deal

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

CueScripts CueiT 4 0 Wins Futures Best of Show Award Pres...

CueScript's CueiT 4.0 Wins Future's Best of Show Award, Presented at 2026 NAB Show by TV Tech CueScript, a leading international developer of professio...

14/05/2026

Expert-Led Education Sessions and Development of Online T...

Expert-Led Education Sessions and Development of Online Training Program Accelerate IPMX Adoption and Deployment The Alliance for IP Media Solutions (AIMS) to...

14/05/2026

Klvr rechargeable battery launches in the USA to cut cost...

Klvr is launching in the United States with a professional-grade rechargeable battery solution that cuts costs and improves performance across live entertainmen...

14/05/2026

Shooting into the depths of Bedlam with URSA Cine 17K 65

Shooting into the depths of Bedlam with URSA Cine 17K 65 Brie Clayton May 14, 2026 0 Comments Indie feature film paired digital 65mm capture with a Bl...

14/05/2026

WeMakeColor expands with Baselight, becoming hybrid color facility

WeMakeColor expands with Baselight, becoming hybrid color facility Caroline Shawley May 14, 2026 0 Comments Boutique Mexican-based studio integrates B...

14/05/2026

Berklee's Summer in the City Returns with Free Concerts Throughout Boston Area

Berklee's Summer in the City Returns with Free Concerts Throughout Boston Ar...

14/05/2026

Chelsey Green Named to Billboard's 2026 Women in Music List

Chelsey Green Named to Billboard's 2026 Women in Music List The Berklee professor and chair of the Recording Academy Board of Trustees joins other high-pr...

14/05/2026

Parks: Tubi, Roku Channel Are Top U.S. FAST Platforms

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

Study: Downstream Fiber Usage Outpaces Cable Broadband

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

NABLF to Honor Kidde With Corporate Leadership Award

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

LABF Awards Four 2026 Preservation Grants

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

Netflix Expands NFL Deal to Five Games

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

Scripps Seals Local Broadcast Deal with Detroit Pistons

Share Copy link Facebook X Linkedin Bluesky Email...

14/05/2026

Glensound marks 60 years of audio innovation at Broadcast...

Six decades of products built around the people who use them...

14/05/2026

Vivid Broadcast builds agile remote production network ar...

Designed to embrace multiple production processes and deliver high-end live broadcast workflows, Vivid Broadcast has combined Calrec True Control 2.0 enabled co...

14/05/2026

Jigsaw24 and EVS Partner to Strengthen Future Proof UK Li...

Today, Jigsaw24, the UK's leading media equipment supplier and systems integrator, announces a new partnership with EVS, a global leader in live video techn...

14/05/2026

Transforming bold ideas into market-ready productions: Digital Originals returns

Transforming bold ideas into market-ready productions: Digital Originals returns 14 May 2026 Top (L-R): Bronte Gosper (Musket), Mema Munro (Rogue One), Nathan ...

14/05/2026

Berklee Convenes Leaders in AI, Music for Inaugural AIMS Symposium

Berklee Convenes Leaders in AI, Music for Inaugural AIMS Symposium The three-day event puts musicians at the center of the future of music creation, ethics, a...

14/05/2026

May 13, 2026

Scripps Research establishes endowed chair honoring renowned structural biologist Ian Wilson Keren Lasker to be inaugural chair holder May 13, 2026 LA JOLLA ...

14/05/2026

Discover hidden havens for city wildlife as Back From The Brink returns for a fifth season

Back From The Brink airs Sunday 17 May and Sunday 24 May at 6.30pm on RT One an...

14/05/2026

Sea You in the Cloud: Subnautica 2' Early Access Dives Onto GeForce NOW

Dive masks on - Subnautica 2 is making a splash on GeForce NOW day-and-date with launch, so members can plunge into the title's brand-new alien ocean from a...

13/05/2026

New Adobe Premiere Color Grading Mode Accelerated on NVIDIA GPUs

New Adobe Premiere Color Grading Mode Accelerated on NVIDIA GPUs Joel Pennington May 13, 2026 0 Comments New NVIDIA RTX-accelerated features streamlin...

13/05/2026

dB Broadcast Delivers New IP-based Cloudbass Sports OB Tr...

Grass Valley announced that dB Broadcast has delivered new IP-based outside broadcast (OB) trucks for Cloudbass, featuring Grass Valley LDX 100 Series cameras a...

13/05/2026

Ikegami Announces its Broadcast Asia 2026 Innovations

Ikegami will exhibit the latest additions to its wide range of broadcast production cameras, control units, viewfinders and monitors on stand 5D3-1 at Broadcast...

13/05/2026

XRSA and FISE Partner to Deliver Immersive Action Sports...

FISE, working with the founding members of the XR Sports Alliance (XRSA), Accedo, Qualcomm Technologies, Inc. and HBS, have collaborated to develop an immersive...

13/05/2026

Canon Unveils New EOS R6 V Full-Frame EOS Camera and RF20-50mm F4 L IS USM PZ Built-In Power Zoom Lens

Canon Unveils New EOS R6 V Full-Frame EOS Camera and RF20-50mm F4 L IS USM PZ Bu...

13/05/2026

Boston Conservatory at Berklee Honors Beth Morrison and Moses Pendleton at Commencement Ceremony

Boston Conservatory at Berklee Honors Beth Morrison and Moses Pendleton at Comme...

13/05/2026

CBS Boston to Air CCBL Baseball

Share Copy link Facebook X Linkedin Bluesky Email...

13/05/2026

Study: Free Streaming Emerges as TV's New Normal

Share Copy link Facebook X Linkedin Bluesky Email...

13/05/2026

Amagi Announces Major Enhancements To CLOUDPORT

Share Copy link Facebook X Linkedin Bluesky Email...

13/05/2026

FCC Releases Updates to TVStudy Software

Share Copy link Facebook X Linkedin Bluesky Email...

13/05/2026

Nexstar Names Elizabeth Ryder EVP, General Counsel

Share Copy link Facebook X Linkedin Bluesky Email...

13/05/2026

Foundry releases Nuke Stage- simplifying virtual producti...

Creative software developer Foundry today announced the latest developments on Nuke Stage. A purpose-built application for end-to-end virtual production and in-...

13/05/2026

Tradfluencer - The Sharon Shannon Story

A definitive portrait of one of Ireland's most influential musicians New TV documentary airs Monday 18 May on RT One and RT Player at 9.35pm Watch the...

13/05/2026

Hermes Unlocks Self-Improving AI Agents, Powered by NVIDIA RTX PCs and DGX Spark

Agentic AI is changing the way users get work done. Following the success of OpenClaw, the community is embracing new open source agentic frameworks. The latest...

13/05/2026

NVIDIA, Ineffable Intelligence Team Up to Build the Future of Reinforcement Learning Infrastructure

Reinforcement-learning agents - AI systems that learn by trial and error - can c...

12/05/2026

Beyond the Hype: A Strategic Post-Hoc Analysis of NAB 2026

Beyond the Hype: A Strategic Post-Hoc Analysis of NAB 2026 If NAB Show 2026 had an underlying theme, it was a quiet, industry-wide pivot from the high-energy sp...

12/05/2026

G&D and CT Square Establish Joint Venture for India and Middle East Distribution

Guntermann and Drunck (G&D), a Panoptec Technologies Group company, and CT Square, led by Chandresh Shah, have announced a joint venture to distribute G&D and V...

12/05/2026

Telemundo Reports Record Advertiser Demand for FIFA World Cup 2026 Coverage

With 30 days until the start of the FIFA World Cup 2026, Telemundo, the exclusive Spanish-language home of the tournament in the United States, has announced th...

12/05/2026

NHLs Stanley Pup Returns for Third Year on June 8

The NHL has announced the return of Stanley Pup for its third consecutive year, a 90-minute special featuring adoptable rescue dogs competing on a miniature rin...

12/05/2026

NBCUniversal Outlines Ad Technology and Content Strategy at 2026 Upfront

NBCUniversal presented its 2026 Upfront to advertisers at Radio City Music Hall, detailing upcoming programming across NBC, Peacock, Bravo, and Versant properti...

12/05/2026

FOX Sports Funds Fandom Research Initiative at Harvard Kennedy School

FOX Sports has announced funding for the Fandom and Social Connection Initiative at Harvard Kennedy School's Shorenstein Center on Media, Politics, and Publ...

12/05/2026

TNDV and Live Media Support NCAA Final Four Weekend for 13th Consecutive Year

TNDV and Live Media, both divisions of Live Media Group, supported live broadcast coverage around NCAA Final Four weekend in Indianapolis, including the March M...

12/05/2026

European Football Alliance Signs Distribution Agreement with Fubo Sports Network

The European Football Alliance (EFA) has announced a content distribution agreement with Fubo Sports Network, the free ad-supported streaming TV (FAST) channel ...