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 ...

10/11/2026

Clear-Com Supports Global Student Broadcast On Air 2026 With Integrated Intercom Solutions

eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...

10/11/2026

Gracenote and Magnite Bring Greater Content Intelligence to CTV Curation

Buyers can now access custom CTV deals across on-demand and live content NEW YORK, November 10, 2026 - Gracenote, Nielsen's content intelligence business, ...

10/11/2026

Flanders Scientific Unveils New Reference Monitors

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Northwestern Ups Production Game in New Stadium

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Parks: Netflix Is Top SVOD Service of 2026

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Clear-Com Supports Global Student Broadcast On Air 2026 W...

Clear-Com supported On Air 2026, a 24-hour student-led broadcast connecting 45 universities across 30 countries. Using Station-IC virtual intercom panels, an ...

10/11/2026

Matrox Video Launches The Sync - a New Customer-Led Video...

Matrox Video today announced the launch of The Sync, a new video podcast series bringing together Matrox Video experts, customers, and partners to explore the t...

10/11/2026

Adobe Brings Agentic AI to the Content Supply Chain with CX Enterprise Coworker

Adobe Brings Agentic AI to the Content Supply Chain with CX Enterprise Coworker Brie Clayton November 10, 2026 0 Comments Adobe empowers brands to bui...

10/11/2026

Amplify Berklee Gala Raises More Than $1.3 Million for Berklee City Music Scholarships

Amplify Berklee Gala Raises More Than $1.3 Million for Berklee City Music Schola...

10/11/2026

Avid's Ready to Edit Brings AI to Media Composer

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Skydance Confirms HBO Max-Paramount+ Bundle

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Scripps Criticizes FCC's C-Band Reimbursement Plans

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Northwestern University Ushers in a New Era of Live Produ...

Grass Valley K-Frame switching and LDX cameras support live sports production at the Northwestern Wildcats' new stadium, providing a common technology platf...

10/11/2026

League of Live Stream Theater Uses LiveU Technology to Br...

The League of Live Stream Theater (LOLST), the nonprofit organization partnering with theaters and producers to bring live theater to audiences worldwide throug...

10/11/2026

COW Jobs: Several remote positions at Chakrra

COW Jobs: Several remote positions at Chakrra Brie Clayton November 10, 2026 0 Comments Several remote positions at Chakrra November 6, 2026COW Jobs...

10/11/2026

Blackmagic Design Unites Live Solutions for Reggae Land 2026

Blackmagic Design Unites Live Solutions for Reggae Land 2026 Brie Clayton November 10, 2026 0 Comments Festival relies on ATEM Constellation 8K and UR...

10/11/2026

Where Video Editors Earn the Most and Where the Paycheck Goes Furthest

Where Video Editors Earn the Most and Where the Paycheck Goes Furthest Mark Santos November 10, 2026 0 Comments Sooner or later every editor asks what...

10/11/2026

Caroline Davis to Perform with Berklee Student Ensemble for Signature Series Concert

Caroline Davis to Perform with Berklee Student Ensemble for Signature Series Con...

10/11/2026

Adobe Awards $1 Million in Grants to 10 Filmmakers

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Hearst TV Ups WCVB's Kevin Kalia to Regional Director of Engineering

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Haivision Seeks Survey Takers

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

FCC Chairman Carr Adds Will Holloway as a Legal Adviser

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

10/11/2026

Matthews Intros the 33 Sliding Leg C-Stand with Grip Head...

New Compact industry-standard Support Fits in the Trunk of a Small Car Pioneering C-Stand innovator, Matthews Studio Equipment, introduces the 33 Sliding Leg...

10/11/2026

Apple TV introduces new Sign Language interpretation feature - UPDATE - Posted on 10 November 2026

Today, Apple announced a new accessibility feature for the Apple TV app that giv...

10/11/2026

NVIDIA Expands Open Source Commitment With OpenShell Donation and New AI Infrastructure

Kubernetes, the open source system that manages how applications run across thou...

10/11/2026

RT documentary for Science Week explores the realities of neurodivergence through lived experience and groundbreaking research

Thursday 12 November, 10.15pm, RT One and RT Player Neurodivergence - The Mak...

09/11/2026

Reinvigorated AES Show Nashville Debuts in Music City

In a new home, the show had its traditional focus on music production, but broadcast themes received significant emphasis The Audio Engineering Society (AES) c...

09/11/2026

Sportel Panel Recap: How AI Is Impacting Everything Private Equity to Broadcasters, Streamers, Federations

Content creation and rights, YouTube archive, production workflows, investment, ...

09/11/2026

Building the REMI Hub of Today (and Tomorrow): Broadcasters and Vendors Share Their Strategies

Industry leaders from Prime Video, NASCAR, FOX Sports, and more discuss the tech...

09/11/2026

SMT Provides Broadcast Graphics and Shot Data for Inaugural WTGL Season

SMT (SportsMEDIA Technology) is delivering on-air graphics and shot data for the Women's Team Golf League (WTGL), which made its debut Sunday, Nov. 8, at So...

09/11/2026

BKB Names Michael Ridout Managing Director, UK

BKB Bare Knuckle Boxing has appointed Michael Ridout Managing Director, UK. He will lead BKB's operations in the United Kingdom and take on wider operationa...

09/11/2026

SMPTE Media Technology Summit 2026 Set for Nov. 16-19 in Pasadena

SMPTE's Media Technology Summit (MTS2026) takes place Nov. 16-19 at the Pasadena Convention Center. The schedule: Media Tech Business Forum (Monday, Nov. 1...

09/11/2026

AES Show Nashville 2026 Draws Nearly 3,000 Registrations

The Audio Engineering Society (AES) held AES Show Nashville 2026 Oct. 30-Nov. 1 at the Gaylord Opryland Resort & Convention Center. AES reports nearly 3,000 reg...

09/11/2026

Devoncroft Partners To Present Enterprise Video Survey Findings at Silicon Valley Video Summit

Analyst Josh Stinehour will share results Jan. 26 in Mountain View, Calif. Devo...

09/11/2026

Behind The Mic: Tirico Misses SNF Due to Health Issue; Wilbon Takes Leave of Absence From PTI

Behind The Mic provides a roundup of recent news regarding on-air talent, includ...

09/11/2026

Cleveland Cavaliers Boost In-Venue Energy With The Famous Group's Virtual Camera Tech

Permanent mixed-reality activation debuted against the Brooklyn Nets at Rocket A...

09/11/2026

The College Football Playoff Will Expand to 24 Teams in 2027; ESPN Secures Rights to 12 Additional Games

The new agreement brings the Playoff to 23 games, including 16 on-campus matchup...

09/11/2026

SMT Supports All Three NASCAR National Series Championship Broadcasts at Homestead-Miami Speedway

SMT provided production technology and graphics support for all three NASCAR nat...

09/11/2026

Vertikal from Native Instruments

Captures Nils Frahms upright concert grand In their latest collaboration with composer Nils Frahm, Native Instruments have captured a vertical concert grand...

09/11/2026

Sonic Days 2026

18-19 November 2026, Sonic College, UC SYD, Kolding, Denmark Sonic College have announced that their annual Sonic Days conference is set to return to Koldin...

09/11/2026

Sonuscore release The Score Elements

Cinematic scoring tool gains free entry-level version Sonuscore's Elements range offers a free entry point into the company's line-up of scoring too...

09/11/2026

Rohde & Schwarz and ZES ZIMMER present test solutions for power systems and automation at SPS 2026

Rohde & Schwarz and ZES ZIMMER present test solutions for power systems and auto...

09/11/2026

Hercule: further casting unveiled for forthcoming series with Edward Bluemel

The BBC and BritBox have announced further casting for the forthcoming six-part series Hercule from Mammoth Screen and Agatha Christie Limited for the BBC and B...

09/11/2026

Sonys Shotgun Mic Deployed in Drifter' Shoot

Share Copy link Facebook X Linkedin Bluesky Email...

09/11/2026

Fox Closes Roku Acquisition

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

09/11/2026

Indianapolis TV Stations Return to DirecTV After Lengthy Absence

Share Copy link Facebook X Linkedin Bluesky Email...

09/11/2026

Vizrt Completes Proof-of-Concept Integration With Story Object Model

Share Copy link Facebook X Linkedin Bluesky Email...

09/11/2026

Broadcast Dominated Midterms Coverage

Share Copy link Facebook X Linkedin Bluesky Email...

09/11/2026

Berklee's Singers Showcase Celebrates Whitney Houston's Music and Her Gospel Roots

Berklee's Singers Showcase Celebrates Whitney Houston's Music and Her Go...