Broadband Providers Battling Net Neutrality Point To Victory In New York

The broadband industry says that a New York state ruling against requiring broadband providers to offer $15-a-month service to low-income households supports its quest to block California's net neutrality law. The California law prohibits broadband providers from blocking or throttling content, charging higher fees for prioritized delivery, and exempting certain data from customers' monthly caps. In a letter on June 17, lawyers for broadband trade groups told the 9th Circuit Court of Appeals that US District Court Judge Denis Hurley in Central Islip, New York “squarely rejected” the same arguments that California has made in defense of its net neutrality rules. In the New York ruling, Judge Hurley said that the Federal Communications Commission's 2018 repeal of the Obama-era net neutrality rules effectively stripped states of the authority to regulate broadband service. But California Attorney General Rob Bonta (D-CA) recently urged the 9th Circuit to uphold the state law, saying that “Congress has not established a federal regulatory regime that bars the states from taking steps to safeguard access to something as essential as the Internet." The 9th Circuit could hear arguments about California's net neutrality law as early as September 2021.