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 ...

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...

02/05/2026

Dalet Flex LTS Delivers Smarter Search, Faster Editing, and an AI-Ready Foundation for Modern Media

Dalet, a leading technology and service provider for media-rich organizations, t...

01/05/2026

NBCUniversal's Peacock to Be First Streamer to Integrate Dolby's Full Suite of Premium Picture and Sound Innovations

January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...

01/04/2026

DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION

January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION Douyin Users Can Now Create And Share Videos With Stun...

09/02/2026

SMT Brings New AR Weather Visualization, Refreshed Telestration to NBC Sports' Super Bowl Game Coverage

A look inside the tech, tools, and team that make the Super Bowl into true eye c...

09/02/2026

NEP's TFC Infrastructure, Supershooter 71 Power NBC Sports' IBC-Style' Super Bowl LX Infrastructure

Software-defined IP backbone and centralized signal-control hub redefine champio...

09/02/2026

From Alcatraz to an Olympics Handoff at Midfield, NBC Sports Expands Super Bowl Pregame Into Bay Area-Wide Celebration

Broadcasters continue to raise the bar when it comes to producing an eye-catchin...

09/02/2026

NBC Sports Builds Its Super Bowl LX Game Broadcast on Sunday Night Football' Engine - and Pushes It Further

Game coverage will feature nearly 100 cameras, a deep well of replay channels, a...

09/02/2026

Sony at Super Bowl LX: Audio, Imaging, and Tracking Tech Power NBC's Broadcast, Officiating Ops, Sideline Comms, and More

Sony's imaging tech is the literal lens through which the spectacle and exc...

09/02/2026

How OBS Uses FPV Drones, 360-Degree Replay To Enhance Storytelling

The technologies, including AI, allow fans at home to see the athletes, feel' the speed, and sense the skill With four years from one Winter Games to the ...

09/02/2026

Sportradar To Power NBA Fan Experiences Across NBC Sports RSNs through Advanced Data and Enhanced Visual Storytelling

Sportradar AG announces a multi-year agreement with NBC Sports Regional Sports N...

09/02/2026

New York Festivals Advertising Awards Embraces Sports for 2026 Competition

New York Festivals Advertising Awards proudly unveils a dynamic new Sports Category Group, expanding its 2026 competition to recognize the powerful role sports ...

09/02/2026

FanDuel TV Calls Super Bowl LX Media Row Home for Up & Adams', Social Media Content

Devlin Design Group, Filmwerks, LTN pitched in on the four-day effort The site ...

09/02/2026

Super Bowl LX In Review: All of SVG's Onsite Coverage From The Bay Area

Despite the game taking place right in the middle of NBC Sports' busiest month ever, its production and operations teams pulled off a massive Super Bowl LX ...

09/02/2026

SBS Media Sustainability Challenge returns for 2026

SBS Media Sustainability Challenge returns for 2026 9 February, 2026 Media releases The challenge offers brands and agencies $500,000 in advertising invent...

09/02/2026

SAFTAs19 OPEN CALL FOR IN-MEMORIAM SEGMENT

The National Film and Video Foundation (NFVF), an agency of the Department of Sport, Arts, and Culture and custodian of the SAFTAs, is calling on all South Afri...

09/02/2026

CALL FOR INTERNATIONAL BURSARY APPLICATIONS FOR FILM & TV POSTGRADUATE STUDIES - 2026

The National Film and Video Foundation (NFVF), an agency of the Department of Sp...

09/02/2026

NFVF CALL FOR SUBMISSION FOR TRAINING PROVIDER GRANT - 2026

The National Film and Video Foundation (NFVF) is pleased to announce that the call for training provider submissions is open. This funding aims to award grants ...

09/02/2026

L3Harris Red Wolf + Sky Warden: Unmatched Flexibility for Kinetic Strike, EW, ISR and Support Missions

Two multi-role L3Harris products - the Red Wolf launched effects vehicle and Sk...

09/02/2026

Opening Doors for National High-Assurance Communications

The L3Harris Key Management System is the first solution on the open market - and available to NATO customers today - that allows countries to create their own ...

09/02/2026

5 Reasons to Join Calrec at ISE

Book a meeting or demonstration at ISE 2026! Please enter the following details. (Tick the relevant box for a meeting or demo): -- Meeting / Demo* Meeting...

09/02/2026

Nielsen reveals Australia's top ad spenders and categories for 2025

Harvey Norman tops Australia's biggest ad spenders as finance and travel surge Sydney February 9, 2026 - Nielsen's Biggest Ad Spenders of 2025 Report...

09/02/2026

Tegna's KPNX Renews Deal to Broadcast Diamondbacks' Games

Share Copy link Facebook X Linkedin Bluesky Email...

09/02/2026

HBO Max To Launch In The UK & Ireland On March 26

Share Copy link Facebook X Linkedin Bluesky Email...

09/02/2026

Berklee Presents Great American Songbook: What About Us-A P!NK Celebration

Berklee Presents Great American Songbook: What About Us-A P!NK Celebration Featuring a global cast of over 100 Berklee students, the two-night production will...

09/02/2026

A Home for World-Class Filipino Entertainment: The Journey and What's Next on Netflix Philippines in 2026

Back to All News A Home for World-Class Filipino Entertainment: The Journey and...

09/02/2026

RT Investigates rapid rise in waiting list for the Central Mental Hospital amid psychiatric care crisis in Ireland

RT Investigates rapid rise in waiting list for the Central Mental Hospital am...

08/02/2026

SMT Brings New AR Weather Visualization and a Refreshed Telestration Look to NBC Sports' Super Bowl Game Coverage

A look inside the tech, tools, and the team that make the Super Bowl into true e...

08/02/2026

Telemundo Deportes Expands Comprehensive Super Bowl LX Coverage to Its Biggest in History

Studio programming is deploying multiple sets at Levi's Stadium in Santa Cla...

08/02/2026

Van Wagner Strengthens Levi's Stadium's Revamped Control Room To Match Production Needs of Super Bowl LX

The annual in-venue show is a partnership between the NFL and the host venue NF...

08/02/2026

NEP's TFC Infrastructure and SS71 IBC-Style' Core Power a Progressive Super Bowl LX Infrastructure for NBC Sports

A software-defined IP backbone and centralized signal control hub redefine champ...

08/02/2026

NBC Sports' Super Bowl Compound Signals How IP Has Become the Foundation for Mega-Event Production

NEP's TFC Fabric empowers NBC to treat a 22-unit production as one seamless ...

08/02/2026

NBC Sports Builds Its Super Bowl LX Game Broadcast Upon the Shoulders of a Proven Sunday Night Football' Engine - and Pushes It Further

Game coverage will feature nearly 100 cameras, a deep well of replay channels, a...

08/02/2026

The Alum Behind the Sound of the Super Bowl

The Alum Behind the Sound of the Super Bowl Joshua Sutherland BM '19 was recently interviewed by the Boston Globe about his role as music supervisor for t...

08/02/2026

VEON and JazzWorld Launch Invest in Pakistan, NOW! Inviting International Investors to Participate in Pakistan's Growth

08 Feb 2026 VEON and JazzWorld Launch Invest in Pakistan, NOW! Inviting Inter...

07/02/2026

X Games to Host First-Ever Summer Athlete Draft at Cosm Los Angeles on March 12

X Games will host a live event taking place Thursday, March 12 at Cosm Los Angeles, marking the first-ever draft in X Games history and the official launch poin...

07/02/2026

Canon Supports Creative Needs for NBC Sports, Photographers at Super Bowl LX

Onsite experts and shop inside the stadium are providing quick solutions Before any live event production, there is a high probability that unpredictable issue...

07/02/2026

NBC Sports Goes Cinematic on Super Bowl LX Pregame Show With Canon's New 11-55mm Cine Servo Lens

Three Sony HDC-F5500s will capture this look on the broadcaster's concourse ...

07/02/2026

Ross Video Brings In-Venue Experience of Super Bowl LX to Life With Additional Tech, Knowledgeable Onsite Team

Inclusion in control-room revamp proves pivotal to supporting this tentpole even...

07/02/2026

Bleacher Report Builds a Three-Activation, Remote-First Super Bowl Content Factory on Radio Row

The digital giant also produced episodes of The Edge With Micah Parsons' be...

07/02/2026

Gray Media Inks Expanded Telemundo Affiliation Agreement

Share Copy link Facebook X Linkedin Bluesky Email...

07/02/2026

AIMS Announces Certification of First 48 IPMX Products

Share Copy link Facebook X Linkedin Bluesky Email...

07/02/2026

Levi Stadium Gets Major Wireless Upgrade for Super Bowl LX

Share Copy link Facebook X Linkedin Bluesky Email...

06/02/2026

Appear Appoints Simon Frost as CMO to Accelerate Global Expansion and Customer Engagement

Appear, which specializes in live production technology, announces the appointme...

06/02/2026

CBS Sports to Air Inaugural Baller League USA Season

Baller League US announces CBS Sports and its 24/7 soccer streaming channel CBS Sports Golazo Network will air the league's programming in the United States...

06/02/2026

Gravity Media Powers Australian Open 2026 with Broadcast and Production Infrastructure

Gravity Media, which concentrates in production, content, media services, and fa...

06/02/2026

AIMS Announces Certification of First 48 IPMX Products

The Alliance for IP Media Solutions (AIMS), together with the Video Services Forum (VSF), the Advanced Media Workflow Association (AMWA), and the European Broad...

06/02/2026

1001 Selects Bitmovin Player to Elevate its Video Streaming Capabilities

Bitmovin, a provider of video streaming solutions, announces that 1001, an OTT service in Iraq, has chosen the Bitmovin Player to improve its video streaming pe...