
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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
01/06/2026
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, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
28/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/04/2026
Introducing Nx 3-Strip v2 - A Physics-Based Technicolor Reconstruction for DaVin...
27/04/2026
CES Power, a provider of infrastructure for live events, has announced the acquisition of three Ireland-based businesses: GH Energy Rental Ltd, Event Power, and...
27/04/2026
FuboTV Inc. has announced it is developing its Multiview feature for the Fubo streaming service on select LG TVs, including 2024, 2025, and newer 4K and 8K mode...
27/04/2026
Shade, a file management platform for creative teams, has announced a $14 million funding round led by Khosla Ventures, Construct Capital, and Bling Capital, br...
27/04/2026
The Audio Engineering Society (AES) will present the Immersive Audio Academy 12th Edition - Immersive Audio in All Flavors - on April 30, 2026, at 12:00 p.m. ...
27/04/2026
DAZN has announced DAZN48, a creator program for the FIFA World Cup 2026 that will recruit 48 creators - one representing each of the 48 qualified nations - to ...
27/04/2026
FloSports has announced exclusive streaming rights to four CrossFit competitions: Legends Del Mar: CrossFit Semi-Finals, Magic City Games, NorCal Classic, and t...
27/04/2026
Telestream has announced that Pulse, its software-defined test and measurement p...
27/04/2026
Shade has announced it is a Cloud Computing and Storage winner in the 2026 NAB Show Product of the Year Awards. Winners were selected by a panel of industry exp...
27/04/2026
Leading the NBA's video-ads platform, this Penn State grad is at the forefro...
27/04/2026
DAZN has expanded its international broadcast rights for the T100 Triathlon World Tour to include Africa. All races from the T100 calendar will be available for...
27/04/2026
NAB Show has announced the recipients of its 2026 Project of the Year and Product of the Year Awards at a ceremony at the Las Vegas Convention Center.
Each wi...
27/04/2026
DIRECTV has launched on Meta Quest headsets, becoming the first MVPD to offer live TV through the platform. The timing coincides with the stretch run of the MLB...
27/04/2026
TBL Team Boxing League has announced a broadcast agreement with MSG Networks to air all remaining Season 4 fights live across MSG's television and digital p...
27/04/2026
IP integration, interoperability, growth of intercommunications were key concerns for vendors and visitors alike
Attendees at the recently concluded 2026 NAB S...
27/04/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
27/04/2026
A pro-audio emphasis, spectrum changes, and on-field audio mark the new products and enhancements to existing offerings
Microphones remain the primary point of...
27/04/2026
The Sports Video Group team was all over the NAB Show floor out in Las Vegas las...
27/04/2026
N r Spotify grundades f r 20 r sedan dominerades musikmarknaden av illegal nedladdning. Sedan dess har streaming bidragit till att teruppr tta betalningsvilja...
27/04/2026
Time on Spotify should feel meaningful and intentional, not something that slips...
27/04/2026
New modular multi-effects plug-in revealed
The latest plug-in from Brainworx delivers a modular set of effects designed to offer a convenient alternative to...
27/04/2026
Kit includes supercardioid & shotgun capsules
High-end mic manufacturer Schoeps have recently introduced another member of their Desert Island Set family. O...
27/04/2026
LA2A-inspired 500-series module arrives
Sound Skulptor have announced the upcoming launch of a new 500-series module that aims to recreate one of the most p...
27/04/2026
SSL-inspired compressor unit upgraded
Stam Audio are well known for their painstaking recreations of vintage audio gear, with their extensive product range ...
27/04/2026
Available for current Nielsen ONE Ads customers, this new capability predicts sa...
27/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/04/2026
Nippon TV's In-House Proprietary AI Solution AiDi Wins Product of the Year A...
27/04/2026
Outpost Introduces Unlimited Collaboration Model for Review and Approval Workflo...
27/04/2026
Ikegami Announces VFE-P07D Monocular OLED Viewfinder with Tiltable 3.5-inch LCD ...
27/04/2026
Custom Consoles announces the completion of a large Module-R desk and MediaWall monitor display mount for an expanded master control room at Gravity Medias West...
27/04/2026
Other World Computing Launches OWC Express 4M2 Ultra - Thunderbolt 5 Four-Slot N...
27/04/2026
Back to All News
Netflix announces El sobrino, the new film by Dami n Szifron s...
27/04/2026
Red Seat Ventures Announces Exclusive Multiyear Partnership with Kill Tony The Company is the New Monetization and Distribution Home for the Globally Popula...
27/04/2026
RT 2FM is calling on aspiring DJs across Ireland to take their shot at the spot...
27/04/2026
RT continues to champion Ireland's creative life this May, supporting a broad range of festivals, exhibitions and performances across music, theatre, liter...
26/04/2026
Back to All News
Director Yoon Jong-bin Returns with The Generals' (WT), A...
26/04/2026
Back to All News
Nine Queens, Starring Alvaro Morte and Patrick Criado, Starts ...
25/04/2026
In the heart of Mexico City, music, culture, and fashion converged last night as Spotify and Vogue Latin America welcomed guests to an intimate gathering at Soh...