
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 ...
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...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Foundry Unlocks Professional-Grade AI for VFX with Griptape Enterprise; Appoints...
08/08/2026
Award Winning New Horror Film Shot Using Blackmagic Camera App
Brie Clayton August 7, 2026
0 Comments
Fire Alive, shot using the Blackmagic Camera i...
07/08/2026
Diversified has appointed industry veteran Pete Emminger as global chief technology officer. Emminger will lead the company's global go-to-market technology...
07/08/2026
O'Shea Jackson Jr., Dave Franco, and Mason Thames appear in Idiots by Macon Blair, an official selection of the 2026 Sundance Film Festival. (Courtesy of ...
07/08/2026
An instrument made for the adventurous composer
Described as an instrument made for the adventurous composer , Sonuscore's latest sample library has b...
07/08/2026
Latest solo Synchron libraries arrive
VSL have just released the final two instalments in their range of muted solo string libraries. Recorded in the large ...
07/08/2026
Channel strip offers plug-in control & recall
Along with some new additions to their Inherit modular preamp system, GC Audio's announcements for NAMM 20...
07/08/2026
Opening Statement: Public hearing of the Inquiry into Racism, Hate and Violence ...
07/08/2026
DoubleVerify Shareholders to Receive $13.60 Per Share in Cash, Representing a 30...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
The Award Recognizes ACT's Outstanding Sales Performance, Marketing Collaboration and Long-standing Commitment to the NEUTRIK Brand
ACT Entertainment, one ...
07/08/2026
Beamr Imaging Ltd. (Nasdaq: BMR), a leader in video optimization technology and solutions, today announced it is bringing AI upscaling to live sports, broadcast...
07/08/2026
Berklee City Music Presents Nine Scholarships and Awards at Annual Concert Student recipients from seven states and Canada received scholarships, housing awar...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Riedel Communications at IBC2026: Live Production Experience Showcasing Integrated IP Production Workflows
At IBC2026, Riedel Communications will bring modern ...
07/08/2026
Shotoku Showcases Expanding Aura PTZ Ecosystem and Award-Winning Swoop Robotic Crane at IBC2026
Shotoku Broadcast Systems will officially introduce its Aura fa...
07/08/2026
Highlights will include new Dante fiber connectivity, expanded IPMX capabilities and award-winning signal processing solutions
Cobalt Digital, the leading des...
07/08/2026
Bob Moses Concert at Red Rocks Captured with URSA Cine 12K LF
Brie Clayton August 6, 2026
0 Comments
PYXIS 12K and URSA Cine 12K LF enable cinematic c...
07/08/2026
Use It or Else Is Not an AI Implementation Strategy
Andy Marken August 6, 2026
0 Comments
Source - Hitchhikers Guide to the Universe, Touchstone Pi...
07/08/2026
Friday 7 August 2026
Heated Rivalry will return to Sky and NOW in Spring 2027 e...
07/08/2026
Migration of more than 1,000 radio services delivers improved resilience, efficiency and sustainability
07 August 2026, Winchester, UK Arqiva, the UK's l...
07/08/2026
On 6 August, the European Commission and the SpaceRISE consortium concluded nego...
07/08/2026
The Traitors Ireland Uncloaked is also back with all the behind the scenes drama...
06/08/2026
The broadcaster's 14-race schedule begins in Iowa and ends in November with ...
06/08/2026
In-venue and creative video staffers at the professional and collegiate level ha...
06/08/2026
As media organizations consolidate teams, technology platforms, and content libr...
06/08/2026
Firmware updates introduce Dolby's next-generation picture engine, content-aware optimization, and new motion and ambient-light tools...
06/08/2026
TNT Sports will have wall-to-wall coverage of the upcoming FIBA Women's Bask...
06/08/2026
swXtch.io (Stand 5.MR13) has unveiled groundSwXtch for Audio over IP (AoIP), a software application that lets broadcasters and media organizations move audio in...
06/08/2026
At IBC2026, Riedel Communications (Stands: 10.A24, 10.A31, 10.A38) will bring modern media production to life with the Live Production Experience - a connected ...
06/08/2026
The first live-sports director to receive the prestigious honor, eight-time Emmy...
06/08/2026
NBC Sports will continue to present the Preakness Stakes on NBC and Peacock thro...
06/08/2026
Cobalt Digital (Stand 8.F90) continues to reinforce its commitment to delivering...
06/08/2026
Wave Central has promoted promotion Jeff Daubert to Director of Sales, Americas.
In his expanded role, Daubert will lead Wave Central's sales strategy and ...
06/08/2026
KMH Integration is expanding its ability to serve media, broadcast, and IT organizations by adding Keith Hanadel, an accomplished architect with decades of indu...
06/08/2026
Advanced Systems Group (ASG) has promoted Michele Ferreira from Vice President of its Systems Integration team to the newly created position of Chief Business O...
06/08/2026
Demonstrations will include new JPEG XS, Dolby audio, cloud-gateway, stream-processing, and distribution capabilities...