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New York’s Broadband Law Faces Continued Industry Opposition
TL;DR
- The telecom sector is seeking another hearing on New York’s $15 broadband law.
- The Supreme Court has dismissed the industry’s challenge to the law yet again.
- Other states are now looking to introduce comparable legislation.
Recent developments regarding New York’s Affordable Broadband Act (ABA) have drawn considerable attention as the state enforces regulations aimed at providing affordable internet access to low-income households. In December, the U.S. Supreme Court opted not to hear the broadband industry’s challenge against the ABA, and following a subsequent request for a rehearing, the Court has reaffirmed its stance.
The ABA mandates that internet service providers (ISPs) in New York offer eligible low-income households a choice between a $15 monthly plan with a minimum of 25 Mbps download speed and a $20 monthly option for speeds of 200 Mbps. Initially, efforts by industry lobbyists in 2021 successfully stalled the law, but a significant appeal reversed that outcome in 2024, leading to its enforcement starting on January 15, 2025.
In the wake of these regulatory changes, AT&T has ceased its 5G home internet services in New York. Despite this retreat, the broadband industry sought a rehearing, hoping to leverage AT&T’s decision as a reason for the Supreme Court to reassess the law’s implications. However, the Court has maintained its resolution, dismissing their latest challenge.
The American Association for Public Broadband’s executive director, Gigi Sohn, has attributed the victory to the broader context of the telecom industry opposing consumer protections, particularly following the recent demise of the Federal Communications Commission’s (FCC) net neutrality regulations. In a social media commentary, Sohn asserted:
“To broadband ISPs and their friends complaining about the New York law and proposed Massachusetts laws mandating a low-income broadband service offering: you asked for complete deregulation at the federal level and you got it. This is the consequence.”
Sohn further encouraged ISPs to collaborate with consumer advocates to establish a framework for meaningful oversight by the FCC, emphasizing that without such oversight, her peers will continue advocating for consumer protections across various states.
The strong opposition from ISPs to the ABA stems from a concern that New York’s model could inspire similar laws in other regions. This concern appears warranted, as states like Vermont, Massachusetts, and California are now considering analogous initiatives aimed at expanding affordable broadband access for underserved populations.
Source
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