New York State Attorney General Letitia James wants a federal appellate court to allow the state to enforce a law requiring broadband providers to offer $15-a-month service to low-income households. In June, U.S. District Court Judge Denis Hurley blocked enforcement of the new state law.
Last week, James began an appeal of Hurley’s order, but hasn’t yet made any substantive arguments, according to MediaPost.
A group of associations representing broadband carriers challenged the law, arguing that New York state has no authority to set broadband prices. Hurley’s order stemmed from that challenge. The groups were: the New York State Telecommunications Association, CTIA-The Wireless Association, ACA Connects-America’s Communications Association, USTelecom-The Broadband Association, NTCA-The Rural Broadband Association, and the Satellite Broadcasting & Communications Association. They sought an injunction prohibiting enforcement.
Hurley agreed, writing that the FCC stripped states of the power to regulate pricing in 2018, when it reclassified broadband as an “information” service, and revoked a set of common-carrier regulations that had been imposed during the era of President Barack Obama. In his ruling, Hurley, an appointee of President George H. W. Bush, said the FCC’s repeal, “does not tender jurisdiction to the states to regulate interstate broadband providers as common carriers,” reported MediaPost.
He added that New York’s $15-a-month mandate, “stands as an obstacle to the accomplishment and execution of the FCC’s reasoned decision to assure interstate broadband providers that no common-carrier rate regulations await them beyond the horizon.”
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