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Communications The Courts The Internet United States

Big Loss For ISPs as Supreme Court Won't Hear Challenge To $15 Broadband Law (arstechnica.com) 25

The Supreme Court has rejected the broadband industry's challenge to a New York law that requires Internet providers to offer $15- or $20-per-month service to people with low incomes. From a report: In August, six trade groups representing the cable, telecom, mobile, and satellite industries filed a petition asking the Supreme Court to overturn an appeals court ruling that upheld the state law. But the Supreme Court won't take up the case. The Supreme Court denied the telecom groups' petition without comment in a list of orders released yesterday.

Although a US District Court judge blocked the law in 2021, that judge's ruling was reversed by the US Court of Appeals for the 2nd Circuit in April 2024. The Supreme Court's denial of the industry petition leaves the 2nd Circuit ruling in place. The appeals court ruling is an important one for the broader question of how states can regulate broadband providers when the Federal Communications Commission isn't doing so. Trade groups claimed the state law is preempted by former FCC Chairman Ajit Pai's repeal of net neutrality rules, which ended Title II common-carrier regulation of ISPs.

In a 2-1 opinion, a panel of 2nd Circuit appeals court judges said the Pai-era FCC "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."

Big Loss For ISPs as Supreme Court Won't Hear Challenge To $15 Broadband Law

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  • by Rujiel ( 1632063 ) on Tuesday December 17, 2024 @04:28PM (#65020519)
    So the industry puppet Pai's own defanging of the FCC actually prevented it from defending his owners from states' own initiatives. Love it!
    • So the industry puppet Pai's own defanging of the FCC actually prevented it from defending his owners from states' own initiatives. Love it!

      This is probably the right result under the existing regulations. However this is almost certainly not the end of the story, just the end of this particular chapter. I expect changes in regulations and laws in the next few years, not all of which may be net positives to consumers.

      • Good luck changing NY price control laws. There's about 100 years of precedence and rulings that the ISP's are trying to circumvent which SCOTUS will more than likely just ignore and let the law stand on merit.

    • This NY based law has nothing to do with the FCC. NY has a long history of price control (section 396-r) it's about the only thing they get right for low income family housing.

      The new broadband law is just using nearly 100 years of price control as a legal benchmark which any reasonable federal court would honor (and they did) SCOTUS is unlikely to even rule on this as it's fair and legal. Not everything is about the belt way.

      • by Rujiel ( 1632063 )

        Perhaps I misunderstood, what is the significance of the last paragraph quoted in the summary?
          "a panel of 2nd Circuit appeals court judges said the Pai-era FCC "order stripped the agency of its authority to regulate the rates charged for broadband Internet"?

        • Re:Incredible irony (Score:5, Informative)

          by Local ID10T ( 790134 ) <ID10T.L.USER@gmail.com> on Tuesday December 17, 2024 @06:37PM (#65020869) Homepage

          Perhaps I misunderstood, what is the significance of the last paragraph quoted in the summary?

          "a panel of 2nd Circuit appeals court judges said the Pai-era FCC "order stripped the agency of its authority to regulate the rates charged for broadband Internet"?

          They were suing in Federal court to overturn the State of NY regulation on the basis of Federal pre-emption. According to the US Constitution, the things that the Federal Government does not have the authority to regulate are reserved to the States to regulate. The FCC had previously said "We do not have regulatory authority over this" -ergo the state does have the regulatory authority.

          • by Rujiel ( 1632063 )
            So without Pai's prior decision as FCC head, a similar republican chair could have used the FCC's authority to act on behalf of ISPs and resist state-based legislation. Am I missing something?
            • So without Pai's prior decision as FCC head, a similar republican chair could have used the FCC's authority to act on behalf of ISPs and resist state-based legislation. Am I missing something?

              Possibly. This was a court case between the State of NY and the ISPs. The FCC was not involved. A statement previously made by the FCC chair when making an agency policy ruling was introduced as evidence to support the State of NY in defending its position. The judges cited the statement as part of the justification for their ruling.

  • by xanthos ( 73578 ) <xanthos@@@toke...com> on Tuesday December 17, 2024 @05:42PM (#65020709)
    The current push to eliminate federal control in favor of state control will force large national companies to meet 50 different sets of regulations. Currently the insurance industry works this way and that is why you see the "not available in all states" disclaimer in their ads. Expect deregulation to raise the cost of doing business in general and make some products less universally available as states step in with their own rules.
  • by Snotnose ( 212196 ) on Tuesday December 17, 2024 @07:28PM (#65020971)
    Any market that doesn't have 4 or more competitors has a federally mandated cap on fees based on bandwidth. A cap that assumes everyone is low income.

    It's time to break these monopolies up. Cable companies already shit their beds offering less service for more money, now they're doing the same to internet.

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