
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 ...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
08/07/2026
Lightware is introducing the biggest update yet to the LARA Wizard Touchpanel configuration experience, designed to help integrators work faster while deliverin...
08/07/2026
DMC Production has turned to Calrec in its quest to redefine outside broadcasting with a flexible approach to live production that reverse engineers the convent...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Foundry today announced that Reel FX Animation Studios has adopted Flix to standardize their pipeline and streamline processes across departments. Flix is a vis...
08/07/2026
The right team. The right time.' How The Killings at Parrish Station stuck t...
08/07/2026
Australians in Film and Screen Australia launch FUTURE VISION Forward to elevate...
07/07/2026
Applications are now open for the Validation Booster, a six-month acceleration programme supporting journalists, media organisations, content creators, media in...
07/07/2026
The Universal Talent Identifier (HAND) has issued HAND IDs to 50 top prospects ahead of the 2026 MLB Draft, including consensus top-ranked players Roch Cholowsk...
07/07/2026
Cisco and the McLaren Mastercard Formula 1 Team have announced an extension of their partnership, expanding the scope from networking and communications to incl...
07/07/2026
LucidLink has announced a workflow integration with Adobe Frame.io that gives production teams unified access to Frame.io projects alongside supporting producti...
07/07/2026
Chyron has announced the appointment of Ahmed Magd as Sales Director for the Middle East. Magd joins from previous senior commercial roles at Riedel Communicati...
07/07/2026
Leader Electronics of Europe has announced that its PHABRIX Qx rasterizer and Le...
07/07/2026
eCLUTCH has announced it has acquired broadcast rights to the Esports World Cup 2026 for EMEA and MENA, covering the Middle East, Africa, the Balkans, Sweden, a...
07/07/2026
Riedel Communications and ARRI supported ORF's host broadcast of the Eurovis...
07/07/2026
ARRI has announced the ALEXA 35 Live Xtreme, a camera that adds high frame rate ...
07/07/2026
LiveU will exhibit at IBC 2026 (Stand 7.C24), showcasing the LU900Q Intelligent Production Unit, expanded Sony collaboration, and additions to its open IP-video...
07/07/2026
Telemundo's coverage is packaged with Multiview, Catch Up with Key Plays, in...
07/07/2026
The Australian Rugby League Commission (ARLC) has announced a seven-year media r...
07/07/2026
Produced onsite at The Star in Frisco, TX, live coverage of the two-day event airs on ESPN platforms
The season for Football Media Days is here, and the Big 12...
07/07/2026
Rogers Communications Inc. has announced an agreement to acquire the remaining 25% ownership stake in Maple Leaf Sports and Entertainment (MLSE) from Kilmer Spo...
07/07/2026
End-to-end broadcast solution includes fleet of mobile units, Cloud Control, and...
07/07/2026
Sports-production-tech experts sound off on the state of the industry...
07/07/2026
New mixer aimed squarely at instrument-level sources
Heritage Audio have clearly been busy recently, as alongside their all-new Tubestrip, they've also ...
07/07/2026
New channel strip combines popular hardware designs
The latest arrival to the Heritage Audio line-up brings together a selection of their praised hardware d...
07/07/2026
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({ content_source:......
07/07/2026
New Kessler 10 data now available in Nielsen CMI gives brands a deeper view of h...
07/07/2026
New Nielsen Ad Intel and CMV data reveals rising competition in Australia's ...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Riedel Communications and ARRI played a key role in one of the most technically ambitious Eurovision Song Contest productions to date. For the first time in the...
07/07/2026
Berklee Valencia Honors Eric Whitacre at the 2026 Commencement Ceremony The Grammy-winning composer was celebrated alongside this years cohort of masters degr...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/07/2026
The appointment will drive growth and innovation across the Media Business Unit
Fincons Group, a leading IT business consultancy and systems integrator company...
07/07/2026
International broadcast and streaming expert Big Blue Marble has announced a multi-month Proof of Concept (PoC) for Media over QUIC (MoQ) during a major interna...
07/07/2026
Test & measurement innovator, Leader Electronics of Europe, is proud to announce that two of its leading products, the PHABRIX Qx rasterizer and LeaderPhabrix L...
07/07/2026
Clear-Com announced that Ross Production Services (RPS), a leading provider of mobile production solutions for live events and broadcasts, has standardized on ...
07/07/2026
LiveU redefined live newsgathering with the invention of cellular bonding. At IBC2026, Stand 7.C24, the company will show how that foundation is evolving into t...
07/07/2026
LucidLink, a leader in cloud-based file services for content creators, today announced an enhanced workflow integration between LucidLink and Adobe Frame.io tha...
07/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...