
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 ...
22/10/2026
Router Control Strategy: UCP Panels, WebPanel, and NBOSS Selecting a broadcast router control system is far more than a panel procurement exercise. The control ...
22/10/2026
BeckTV, Beam Dynamics, and Providius have announced a collaboration linking Beck...
22/10/2026
NETGEAR Enterprise has extended its Professional Services program beyond the network layer to cover AV-over-IP workflows, with NDI as the first ecosystem partne...
22/10/2026
USSI Global has promoted Ted Korte to Chief Technology Officer (CTO). The promotion follows the recent appointment of Ed McGivern as Chief Revenue Officer as th...
22/10/2026
Calrec has appointed Video Progetti, a Rome- and Milan-based broadcast distributor and AV system integrator, as its distribution partner for Italy. Video Proget...
22/10/2026
NHL Network's NHL Tonight will mark its 5,000th episode on Tuesday, Oct. 27, at 7 p.m. ET. The milestone covers episodes since the show began broadcasting f...
22/10/2026
CURE Insurance Arena in Trenton, New Jersey, has partnered with Daktronics to install a five-display centerhung system and three entrance displays. Installed th...
22/10/2026
Arkona technologies has announced native integration between its BLADE//runner AT300 platform and Bitfocus Buttons, the control system from Bitfocus. The arkona...
22/10/2026
U2 will perform at halftime of the NFL Thanksgiving Eve Game on Netflix, celebrating the band's 50th anniversary. The game, the first NFL Thanksgiving footb...
22/10/2026
Nyaal Banyul Geelong Convention and Event Centre in Victoria, Australia, has dep...
22/10/2026
Arqiva has migrated its occasional-use event scheduling and resource-management ...
22/10/2026
NBC Sports will present every alpine World Cup and World Championship race under...
22/10/2026
FOX Sports and The New York Racing Association (NYRA) have announced a multi-year agreement between NYRA and 1/ST establishing FOX Sports as the television home...
22/10/2026
Alpha, a technology integration and solutions partner for broadcast and production, has launched a Media Modernization practice and The Lab, a customer-facing e...
22/10/2026
Sweetwater's Dolby Atmos mobile recording studio, built inside an Airstream travel trailer, will make two Nashville-area appearances as part of a nationwide...
22/10/2026
SPORTEL Monaco 2026 wrapped up three days at the Grimaldi Forum from Oct. 19-21, welcoming rights holders, broadcasters, investors, federations, agencies, and t...
22/10/2026
Parks Associates research finds that 39% of U.S. internet households watch live ...
22/10/2026
As the Brooklyn Nets tip-off their 2026-27 NBA regular season, the technology be...
22/10/2026
Tech types from broadcasters, streamers, leagues, vendors, and service providers...
22/10/2026
Grant from Kate Capshaw and Steven Spielberg's foundation
will also expand...
22/10/2026
By Ramona Flume
One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. Wh...
22/10/2026
The JUPITER-08 polysynth and n/vision wavetable
Roland have announced two new additions to the Roland Boutique range: the JUPITER-08, marking 45 years since...
22/10/2026
New creative tools and colour display
Akai Professional have announced the MPK Mini Plus II, a new version of their compact 37-key MIDI controller with an u...
22/10/2026
YouTube Captures 15.8% of TV, Maintains Lead Among Media Distributors
Disney Re...
22/10/2026
aconnic AG (ISIN: DE000A0LBKW6), Munich, temporarily took its corporate website offline as a precautionary measure in response to a newly discovered critical se...
22/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/10/2026
Amagi, the media industry cloud company, today announced that NDTV, a leading Indian news television and digital journalism company, has adopted the Amagi AdFl...
22/10/2026
Dalet, a leading technology and service provider for media-rich organizations, announced today that the CBC/Radio-Canada has selected Dalet to modernize its new...
22/10/2026
IBC today announced the official call for Challenge submissions for its 2027 Accelerator Media Innovation Programme, inviting organisations from across the glob...
22/10/2026
Leading video software provider, Synamedia, today announced that Odido, one of the Netherlands' leading telecommunications providers, has selected its award...
22/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/10/2026
LA JOLLA, CA-Scripps Research today announced that Ron Burkle, founder and managing partner of The Yucaipa Companies, has been named chair of its Board of Direc...
22/10/2026
Sonnet Updates Popular Echo III PCIe Card Expansion Chassis Family with Thunderb...
22/10/2026
Blackmagic Design Announces Special Pricing for DaVinci Resolve Studio
Brie Clayton October 21, 2026
0 Comments
Now customers can upgrade to the power...
22/10/2026
Focusrite and Klevgrand launch Altitude Harmony
Today, Focusrite and Klevgrand announce Altitude Harmony the first plugin in our partnership. Altitude Har...
22/10/2026
Starting this Friday, iPhone Duo users can discover amazing apps and games optim...
22/10/2026
Launched today, NVIDIA Minerva is an AIOps platform built to help teams find problems earlier and keep AI factories productive. It brings together telemetry fro...
22/10/2026
Former State Pathologist Dr Marie Cassidy brings a scientific perspective to Ireland's last witch trial in a new one-hour documentary airing Thursday 29 Oct...
22/10/2026
Lock in and load out this GFN Thursday. Call of Duty: Modern Warfare 4 arrives o...
21/10/2026
Three investigative journalists have been chosen as the finalists for the 2026 Thomson Foundation Young Journalist Award. The successful candidates from Nigeria...
21/10/2026
The lifelong Terps fan is making the most of his dream school, producing and directing broadcasts while gaining professional reps across the Washington, DC, spo...
21/10/2026
University of Washington Intercollegiate Athletics has brought its new Sundodger...
21/10/2026
The Pac 12 has appointed its first ever Chief Commercial & Growth Officer, compl...
21/10/2026
The Wildcats' $875 million home blends an intimate 35,000-seat design with 3...
21/10/2026
M-Tron Select & Axxess free until 1 December 2026
Soft synth gurus GForce Software have just announced that they are relaunching with updated branding, a fr...