
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 ...
09/10/2026
September 10 2026, 06:00 (PDT) Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026
New Sports Intelligence helps providers better unders...
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...
15/09/2026
At IBC2026, Pixitmedia by DataCore will showcase its latest capabilities designe...
15/09/2026
Quantum Corp. today announced the release of Quantum Autonomous Data Management ...
15/09/2026
Former Wyndham Hotels & Resorts technology executive will focus on fan engagemen...
15/09/2026
Creator Sports Network (CSN) and FAN.live have announced a partnership giving CSN's network of more than 2,000 vetted creators access to live 3D NFL broadca...
15/09/2026
SVG and SVG Europewere all over the IBC 2026 show floor out in Amsterdam, bringi...
15/09/2026
Rise WIB has announced the shortlist for the Rise Awards 2026, returning to Troxy in London on Tuesday, November 17. The awards recognize outstanding women, adv...
15/09/2026
Major League Table Tennis (MLTT) has announced its media distribution lineup for the 2026-27 season, beginning September 11. Every match will stream live on the...
15/09/2026
Willow Sports has announced it will serve as the exclusive U.S. and Canadian hom...
15/09/2026
Gravity Media has announced it will provide outside broadcast production and technical services for the MXGP of Australia, the finale of the 2026 FIM World Moto...
15/09/2026
Co-founders Scott Coker and Peter Y. Levin have unveiled Ki MMA, a new global mixed martial arts promotion launching in the first quarter of 2027. The announcem...
15/09/2026
Sony Electronics has announced two new G Master super-telephoto prime lenses for...
15/09/2026
GlobeCast provides facility for AI-power automated production core...
15/09/2026
Gravity Media, a leading global provider of production and content, and media services and facilities, is empowering Tourism and Events Northern Territory (NT) ...
15/09/2026
New Thunderbolt audio interfaces aimed at pro studios
Audient's latest announcement sees the company introduce three new high-end audio interfaces desig...
15/09/2026
Completes core wireless system line-up
The latest addition to Sennheiser's Spectera range is now shipping, completing the core elements of the company...
15/09/2026
High-frequency dynamics plug-in upgraded
Schwabe Digital have just released a major free update for their acclaimed high-frequency dynamics processing plug-...
15/09/2026
DAW update launched alongside all-in-one subscription bundle
The latest version of Universal Audio's DAW software has just arrived, and has been release...
15/09/2026
Three popular hardware units go virtual
Rupert Neve Designs are entering the software market in style, with not one, but three of their sought-after hardwar...
15/09/2026
When longstanding OB specialist Cloudbass made the decision to expand its fleet to accommodate remote production facilities for a leading UK sports broadcaster&...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Six Berklee Alumni Win at 2026 Emmy Awards The recipients were recognized for their contributions to Widow's Bay, Beef, South Park, and Bad Bunny's Su...
15/09/2026
OWC Announces Acquisition of OpenDrives, Expanding Software-Defined Video and Ri...
15/09/2026
Podcast The Vertical Buzz Shot with Blackmagic Pocket Cinema Camera 6K Pro
Brie Clayton September 14, 2026
0 Comments
Production team builds premium p...
15/09/2026
Grass Valley Launches AVORA at IBC2026
Brie Clayton September 14, 2026
0 Comments
New standalone solution gives production teams everything they need ...
15/09/2026
Brandon Woody Joins Berklee Student Ensemble for Signature Series Concert The acclaimed trumpeter, composer, and bandleader will lead a Berklee student ensemb...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Applications open for Future Leaders Delegation to BitSummit 2027 15 September 2026
Applications are open for Screen Australia's annual Future Leaders Dele...
15/09/2026
Red Seat Ventures' Supercast Launches Live Streaming, Bringing Real-Time Vid...
15/09/2026
Arqiva recognised with Armed Forces Covenant Silver AwardPresented to organisations that demonstrate outstanding support for the Armed Forces community
--
Sh...
14/09/2026
Lil Baby's Dead Fresh kicks off ESPN's Week 1 Monday Night Football, ...
14/09/2026
With Super Bowl LXI waiting in Los Angeles, ESPN will use the regular season to ...
14/09/2026
By Bailey Pennick
One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. ...
14/09/2026
Three new models introduced
Sony have just announced the launch of three new pairs of headphones that span their premium, mid-range and entry-level line-ups...
14/09/2026
New flagship Thunderbolt units aimed at pro studios
Audient's latest announcement sees the company introduce three new high-end audio interfaces designe...
14/09/2026
Cobalt Digital IBC Stand 8.F90 // Journalists: Click to visit Cobalt
Highlights...
14/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/09/2026
Bitmovin, a leading provider of video streaming solutions, has announced that Australia's largest media company, Nine Entertainment (Nine), has deployed Bit...
14/09/2026
Creativepool Annual 2026 Winners Announced
Brie Clayton September 13, 2026
0 Comments
The creative industry's Most' awards celebrates another...
14/09/2026
At IBC2026, Ren M rch explains how the N-Series combines DPA's renowned microphone technology with a high-performance wireless platform, offering a wide tu...