New York's $15 Low-Income Broadband Requirement Suffers Another Blow

The New York Public Service Commission (PSC) this week stayed and suspended proceedings and requests for comment about a state law that would have required broadband providers to offer a $15 plan to low-income households. It is the second blow that the law has sustained this month, following a US Eastern District Court of New York preliminary injunction to prevent the state from enforcing the rule while awaiting a final decision on the legality of the requirement. The $15 low-income broadband plan had its genesis in the Affordable Broadband Act adopted by the New York state legislature in April 2021. While the requirement was originally scheduled to go into effect this month, its future is now uncertain; broadband provider associations including New York State Telecommunications Association (NYSTA), CTIA, USTelecom, NTCA, and ACA Connects, sued the state, arguing that New York does not have legal authority to regulate internet pricing and therefore the mandate is unenforceable. Following the suspension, the Wireless Internet Service Providers Association praised the New York PSC’s decision in a press release that seems to reflect the views of other broadband providers as well.