ISPs worry that killing FCC net neutrality rules will come back to haunt them

Internet service providers (ISPs) asked the US Supreme Court to strike down a New York law that requires broadband providers to offer $15-per-month service to people with low incomes. Although ISPs were recently able to block the Federal Communications Commission's net neutrality rules, this petition shows the firms are worried about states stepping into the regulatory vacuum with various kinds of laws targeting broadband prices and practices. A broadband-industry victory over federal regulation could bolster the authority of New York and other states to regulate broadband. To prevent that, ISPs said the Supreme Court should strike down both the New York law and the FCC's broadband regulation, although the rulings would have to be made in two different cases. The fate of the New York law is tied in part to the Federal Communications Commission's April 2024 decision to revive net neutrality rules and regulate ISPs as common carriers under Title II of the Communications Act. When New York enacted its affordability law, the FCC was not regulating ISPs under Title II. The lack of federal regulation gave states more leeway to implement their own laws.