New York's $15 broadband mandate returns to court

The Second Circuit Court of Appeals heard oral arguments in a case regarding New York's Affordable Broadband Act, a 2021 law that would have mandated that internet service providers (ISPs) offer a $15 service option for low-income consumers. That law, signed by former Governor Andrew Cuomo (D-NY), was quickly put on ice when industry groups representing ISPs sued the state. But New York appealed that decision, with support from consumer groups and other states, bringing the parties back to court. New Street Research wrote that the main concern of ISPs isn't New York's mandate per se but with the idea "that states can mandate a specific offering to a specific population at a specific price." "The industry fear is that other states might impose requirements far more onerous than what New York requires, such as by further lowering the price, raising the speed requirements, or expanding the eligibility pool to make broadband 'affordable' for middle-class customers." The "real danger" to the industry is the "end of the ACP," the Federal Communications Commission's Affordable Connectivity Program, which currently provides broadband subsidies to roughly 15 million low-income households but may run out of funding by mid-2024.