
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...
13/08/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced its participation in the IBC2026 Accelerator Media Innovation Pro...
13/08/2026
dzjinius, the all-in-one production management platform for the media and entertainment industry, will showcase its new application, dzjinius on-set , at IBC20...
13/08/2026
Broadcasting Center Europe (BCE), a leading European provider of media services, system integration and product development, will demonstrate an end-to-end sove...
13/08/2026
Clear-Com is returning to IBC 2026, taking place September 11-14 in Amsterdam, Netherlands. At Stand 10.D29, Clear-Com will spotlight the award-winning FreeSpe...
13/08/2026
Test & measurement innovator, Leader Electronics of Europe, will showcase its comprehensive portfolio of Leader, PHABRIX and LeaderPhabrix test and measurement ...
13/08/2026
KRK Brings Advanced Wireless Control to Professional Monitoring With New V Serie...
13/08/2026
Anthony Noack Captures Artist's Journey in Estonia with Blackmagic Design
Brie Clayton August 12, 2026
0 Comments
Solo filmmaker documents concept...
13/08/2026
ARRI Image Science makes its mobile debut in the HONOR Robot Phone
Brie Clayton August 12, 2026
0 Comments
Hero image displays the HONOR Robot Phone, ...
13/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
13/08/2026
Suitest's Test Automation Platform Simplifies Video Quality Assurance, Monitoring, and Device Certification Across the OTT Ecosystem
At IBC2026, Suitest, a...
13/08/2026
Cinegy GmbH, the premier provider of software-defined television technology, will have its key software solutions ready to demonstrate at SET Expo 2026 (18 20...
13/08/2026
Scripps Research has established the Peter K. Vogt Endowed Chair, a new faculty ...
13/08/2026
LA JOLLA, CA-A vaccine's molecular structure plays a key role in determining how the immune system responds and prepares to protect the body from future exp...
13/08/2026
GeForce NOW is giving cloud gaming an extra-credit upgrade just in time for back-to-school season.
The native Linux app for GeForce NOW is officially out of be...
12/08/2026
Traditional live sports production has focused on creating the best possible pro...
12/08/2026
FOR-A will showcase a range of broadcast and production products at IBC2026 (Stand 2.B53, Amsterdam RAI, September 11-14), including software-based switching, A...
12/08/2026
The Advanced Media Workflow Association (AMWA) and EBU will host live demonstrations of NMOS BCP-008 Minimum Status Reporting at IBC2026 (September 11-14) on th...
12/08/2026
Dalet has announced Dalet Solution Suites, a portfolio of cloud-native solutions...
12/08/2026
Net Insight has announced that DMC Production Norway has selected its Open Live ...
12/08/2026
Zixi has appointed Alyson Stewart as Senior Director of Sales. Stewart will be responsible for direct sales and partnerships, with a focus on broadcasters, medi...
12/08/2026
LiveU's LU900Q intelligent production unit was deployed as part of the host broadcast operation for the Games in Glasgow (July 23-August 2, 2026). Host broa...
12/08/2026
Disney , ESPN, and Formula E have announced a multi-year deal bringing all Formula E races to Disney and ESPN in the U.S. and to Disney in most international...
12/08/2026
PSSI has launched X-LIVE, a managed service offering dedicated engineering resources and Appear encoding infrastructure for live event signal processing and tra...
12/08/2026
The inaugural MoonPay X Games League Summer Season reached 18.3 million unique live viewers across three stops on ABC and ESPN, a 78.5% increase compared to the...
12/08/2026
BBright will showcase an expanded IP-Gateway at IBC2026, adding support for all RIST profiles to its existing support for MPEG Transport Stream over IP with SMP...
12/08/2026
BBright will demonstrate EBU OGraf animated graphics support in its software-bas...
12/08/2026
Interra Systems will demonstrate its ORION, BATON, BATON Captions, and VEGA solutions at SET Expo 2026 (August 17-20, Distrito Anhembi, S o Paulo) at partner Li...
12/08/2026
DPA Microphones has appointed Raul Contreras as West Coast Regional Sales Manager. In the role, Contreras will oversee sales and customer relationships througho...
12/08/2026
Live spectacles ranging from the Super Bowl and FIFA World Cup to the Oscars and...
12/08/2026
Writer-Director Andrius Bla evi ius and crew attend the premiere of How to Divorce During the War at The Ray Theatre on January 26, 2026, in Park City, UT. (P...
12/08/2026
Enhanced DAW & plug-in control for the UC1, UF8 and UF1
The software that powers SSL's range of control surfaces has just received a major update that d...
12/08/2026
In-line preamp features one-knob EQ
In addition to their range of in-line preamps, Triton Audio recently managed to squeeze a compressor into an enclosure t...
12/08/2026
Captures system audio with or without a DAW
Depending on your setup, capturing system audio in a DAW can be a tedious process, so much so that Arvital Audio...
12/08/2026
2026 NATIONAL NAIDOC AWARDS TO BROADCAST ON NITV LIVE AND DIRECT FROM MPARNTWE
12 August, 2026
Media releases
First Nations excellence will be celebrated l...
12/08/2026
More than six million sports fans stay with SBS for Tour de France and Tour de F...
12/08/2026
Nielsen is cementing Digital Ad Intel as the new go-to currency for digital ad intelligence in Brazil-now with streaming monitoring in the mix.
S o Paulo, Augu...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/08/2026
As Matrox Video celebrates 50 years of trusted innovation, the company will showcase its portfolio of interoperable IP technologies and software-defined innovat...
12/08/2026
SMPTE, the home of media professionals, technologists and engineers, today announced a program of expert-led sessions, professional workshops and networking eve...
12/08/2026
Berklee Announces Full Details for Inaugural Block Party, a Music Festival Next ...
12/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...