Court upholds New York law that says ISPs must offer $15 broadband
Court upholds New York law that says ISPs must offer $15 broadband
New York obtains significant win for states' ability to regulate broadband.
Trade groups claimed the state law is preempted by former Federal Communications Commission Chairman Ajit Pai's repeal of net neutrality rules. Pai's repeal placed ISPs under the more forgiving Title I regulatory framework instead of the common-carrier framework in Title II of the Communications Act. 2nd Circuit judges did not find this argument convincing:
Second, the ABA is not conflict-preempted by the Federal Communications Commission's 2018 order classifying broadband as an information service. That order stripped the agency of its authority to regulate the rates charged for broadband Internet, and a federal agency cannot exclude states from regulating in an area where the agency itself lacks regulatory authority. Accordingly, we REVERSE the judgment of the district court and VACATE the permanent injunction.
Leopards ate my face but even though corporations are people they can not have their faces eaten in quite the same way
These shitheads have received massive government handouts to build infrastructure, which they simply pocketed. Nobody's face has been eaten in the slightest. To this day they are still maliciously suing to prevent municipal internets from providing real competition.
Several of the trade groups that sued New York "vociferously lobbied the FCC to classify broadband Internet as a Title I service in order to prevent the FCC from having the authority to regulate them," today's 2nd Circuit ruling said. "At that time, Supreme Court precedent was already clear that when a federal agency lacks the power to regulate, it also lacks the power to preempt. The Plaintiffs now ask us to save them from the foreseeable legal consequences of their own strategic decisions. We cannot."
This has to be one of the better, legal “go fuck yourselves” I’ve ever seen.
Is there a quality requirement? Because without that it's a pretty useless law.
"So what is broadband? According to the FCC, the definition of broadband internet is a minimum of 25 Mbps download and 3 Mbps upload speeds. Broadband provides high speed internet access via multiple types of technologies including fiber optics, wireless, cable, DSL and satellite."
This is the best summary I could come up with:
A federal appeals court today reversed a ruling that prevented New York from enforcing a law requiring Internet service providers to sell $15 broadband plans to low-income consumers.
Today, the US Court of Appeals for the 2nd Circuit reversed the ruling and vacated the permanent injunction that barred enforcement of the state law.
Trade groups claimed the state law is preempted by former Federal Communications Commission Chairman Ajit Pai's repeal of net neutrality rules.
The judges' reasoning is similar to what a different appeals court said in 2019 when it rejected Pai's attempt to preempt all state net neutrality laws.
Coincidentally, the 2nd Circuit issued its opinion one day after current FCC leadership reclassified broadband again in order to restore net neutrality rules.
The FCC itself won't necessarily try to preempt New York's law, but the agency's net neutrality order does specifically reject rate regulation at the federal level.
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