Ars Technica’s Jon Brodkin reports: The New York law requiring Internet providers to offer cheap plans to people with low incomes will take effect on Wednesday this week following a multi-year court battle in which the state defeated broadband industry lobby groups. A US appeals court upheld the law in April 2024, reversing the ruling of a district judge who blocked it in 2021. The Supreme Court last month decided not to hear the broadband industry’s challenge, leaving the appeals court ruling in place. The state law requires Internet providers to offer $15- or $20-per-month service to people with low incomes.
As we’ve written, the battle between New York and ISPs was an important test case for how states can regulate broadband providers when the Federal Communications Commission isn’t doing so. The Biden-era FCC’s attempt to reinstate net neutrality rules and regulate broadband providers as common carriers was blocked in court, but ISPs lost the fight against the New York affordability law and an earlier fight against California’s net neutrality law.
New York-based ISPs can comply by offering $15 broadband plans with download speeds of at least 25Mbps, or $20-per-month service with 200Mbps speeds. The price must include “any recurring taxes and fees such as recurring rental fees for service provider equipment required to obtain broadband service and usage fees.” Price increases are to be capped at 2 percent per year, and state officials will periodically review whether minimum required speeds should be raised. New York Public Service Commission Chair Rory Christian last week issued an order stating that the law will take effect on January 15. “On December 16, 2024, the United States Supreme Court denied the Plaintiff’s request for further review,” the order said. “As part of the litigation, the [New York attorney general] agreed not to enforce the ABA [Affordable Broadband Act] until 30 days after the date when the US Supreme Court decided the writ of Certiorari. Thus, the ABA will once again take effect and may be enforced in New York on January 15, 2025.” The order said it plans to implement the law quickly because of “developments at the federal level impacting the affordability of broadband service.”
ISPs can receive one-month exemptions by filing paperwork by Wednesday confirming they meet the subscriber threshold, notes Ars. To secure longer-term exemptions, ISPs must submit detailed financial information by February 15.
