
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...
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...
06/08/2026
The deal includes three premium mobile units, engineering personnel, existing br...
06/08/2026
Broadcast Management Group produced Amazon Prime's inaugural Obsessed Fest a...
06/08/2026
Exhibit will feature new variable-ND functionality, OLED viewfinders, remote-camera tools, and UHD production monitors...
06/08/2026
Compact full-frame E-mount lens targets sports, wildlife, and other long-range shooting applications...
06/08/2026
Live broadcast will honor Roger Federer and Mary Carillo on Aug. 29, with onsite...
06/08/2026
End-zone board receives higher-resolution LED technology and an updated Show Control system ahead of the 2026 football season...
06/08/2026
New 16- and 32-pad MIDI controllers now available
Fender have just announced that the two new performance-focused controllers that were unveiled at NAMM 202...
06/08/2026
Standalone version, performance improvements & more
Lewitt have just released a significant update for their speaker and room virtualisation software, intro...
06/08/2026
Combines celeste samples with synth engine
After launching earlier in 2026 with deFORM, ebbandflow have returned with their first sampled acoustic instrumen...
06/08/2026
SGL Carbon's consolidated sales in the first half of 2026 totaled 394.2 million, down 13.0% from the prior year (H1 2025: 453.2 million). On the one hand,...
06/08/2026
The BBC has announced casting for the forthcoming six-part series Hercule from Mammoth Screen and Agatha Christie Limited.
Joining Bluemel are Henry Ashton (A ...
06/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/08/2026
Proven offering builds on more than 20,000 live sporting events with greater automation, flexibility, and operational control
LTN , the industry leader in tran...
06/08/2026
Hornets Tech, a specialist in broadcast connectivity and IP video, is bringing a new range of encoders, decoders and an IPTV platform to IBC2026.
Broadcast in...
06/08/2026
Introducing Adobe for ChatGPT: Create, edit and get work done - all in ChatGPT
Deepti Pradeep August 6, 2026
0 Comments
The Adobe plugin in ChatGPT br...
06/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/08/2026
At IBC2026, MediaKind will make its first major appearance as a unified global powerhouse in video, showcasing one of the world's most comprehensive video i...
06/08/2026
Big Blue Marble (#5.A63) will demonstrate how its integrated technology and operational expertise help media companies scale premium services with less complexi...
06/08/2026
LA JOLLA, CA-Scripps Research has received more than $500,000 in first-year fund...
06/08/2026
LA JOLLA, CA-Viruses are masters at invading our cells thanks to specialized proteins that coat their surfaces. When scientists design vaccines, they often crea...
06/08/2026
LA JOLLA, CA-The brain has its own immune system, which detects threats and mounts a defense. A growing body of evidence has shown that in Alzheimer's disea...
06/08/2026
LA JOLLA, CA-Scripps Research chemist Jin-Quan Yu has been elected to the National Academy of Sciences (NAS), one of the highest honors a scientist can achieve....
06/08/2026
LA JOLLA, CA-Scripps Research ranked third in the inaugural 2026 Cure Innovation Index recognizing the top-performing institutes and centers across the United S...
06/08/2026
Benjamin Cravatt, the Gilula Chair of Chemical Biology and a professor of chemis...
06/08/2026
LA JOLLA, CA-Dennis Burton, professor and the James & Jessie Minor Chair in Immu...
06/08/2026
LA JOLLA, CA-Inside every human cell, proteins are constantly being tagged with small chemical modifications after they're produced. Known as post-translati...
06/08/2026
LA JOLLA-Scripps Research has established the Ian Wilson Endowed Chair, a new fa...
06/08/2026
Scripps Research's Skaggs Graduate School of Chemical and Biological Science...
06/08/2026
LA JOLLA, CA-Professor Jin-Quan Yu of Scripps Research has been elected to the Fellowship of the Royal Society, the U.K.'s national academy of sciences and ...
06/08/2026
LA JOLLA, CA-For years, researchers have been hoping for vaccines that protect people against not just one strain of HIV, but every strain of the quickly mutati...
06/08/2026
LA JOLLA, CA-The Calibr-Skaggs Institute for Innovative Medicines, the nonprofit...
06/08/2026
LA JOLLA, CA-Building the complex 3D molecules needed for new medicines has alwa...
06/08/2026
LA JOLLA, CA-Fentanyl and related variants of the synthetic opioid kill more Americans each year than car accidents and gun violence combined. In too-high doses...