SCOTUS Denies Review of NY Affordable Broadband Law
The U.S. Supreme Court Monday denied to review a petition from telecom groups challenging a New York law requiring that ISPs offer a certain plan for eligible low-income households (see 2404260051). The Affordable Broadband Act requires $15 monthly plans providing 25/3 Mbps speeds. Some saw the decision to uphold the 2nd Circuit's ruling in favor of the law as unsurprising given the legal battle over the FCC's reclassification of broadband as a Title II telecom service (see 2410010024).
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The 2nd Circuit made it clear that ISPs "cannot ask the court to support well-established principles of administrative law and federalism to strike down the state law they do not like," said Barbara van Schewick, director of Stanford University’s Center for Internet and Society (see 2406140004). Had the Supreme Court taken the case and had it found for the ISPs, she said, that would have preempted not only New York's authority but also the California and Washington state net neutrality laws. There had been a consensus already among the lower courts around this case, she said, "so I wasn't surprised that the Supreme Court declined to review the case." She noted the state may now enforce its law on ISPs involved in the case 30 days after the decision was made.
The decision "leaves in place harmful rate regulations that will undermine the effective delivery of broadband services and discourage investment in broadband networks, particularly in unserved and underserved areas," a coalition of telecom groups that challenged the law said in a joint statement. "We will continue to advocate for policies that support and sustain broadband access and protect the competitive marketplace that benefits all Americans," said the coalition, which included the New York Telecom Association, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association. The office of New York Attorney General Letitia James (D) didn't comment.
TechFreedom Internet Policy Counsel Corbin Barthold agreed the SCOTUS decision wasn't surprising, citing the FCC's ongoing dispute over reclassification. Regardless, "this dispute is far from over."
If the FCC's Title II order is upheld, Barthold said, then it "puts us in different territory than the 2nd Circuit just addressed" (see 2408080022). If it's struck down, the Restoring Internet Freedom order comes back into effect, he said. So, if other states outside the 2nd Circuit's jurisdiction try to pass similar laws, there "will be a lot of room to challenge them" and create a circuit split that brings the issue back to the Supreme Court "on a much stronger vehicle than the one that was just denied."