Rita El Khoury / Android Authority
TL;DR
- The telecom industry requested a rehearing on New York’s $15 broadband law.
- The Supreme Court has once again rejected the industry’s challenge to the law.
- Other states are now proposing similar laws.
In December, the Supreme Court declined to hear the broadband industry’s challenge to New York’s Affordable Broadband Act (ABA). After requesting a rehearing, the Supreme Court has rejected the broadband industry’s latest attempt to challenge the law. New York’s victory is now inspiring other states to propose similar laws.
If you’re not aware, the state of New York and the broadband industry have been butting heads recently. Since January 15, 2025, New York has been enforcing the ABA, which requires internet service providers (ISPs) to offer low-income households either a $15/month plan with at least 25Mbps download speeds or a $20/month plan with 200Mbps download speeds. While industry lobbyists were able to initially block the law in 2021, New York successfully appealed and got the ruling reversed in 2024.
Since then, AT&T has pulled the plug on its 5G home internet service in New York. The industry has also requested a rehearing, hoping that AT&T’s partial withdrawal from the state would be enough to convince the Supreme Court to reconsider its denial of their petition. But it looks like the Supreme Court is sticking to its guns. Yesterday, the Supreme Court released a list of orders (h/t: Ars Technica) in which it once again rejected the industry’s challenge to the law.
It appears ISPs only have themselves to blame. Gigi Sohn, executive director of the American Association for Public Broadband, attributes New York’s victory to the industry fighting regulation to protect consumers, like the Federal Communications Commission’s (FCC) net neutrality rules, which were recently struck down in court. In a social post, Sohn writes:
To broadband ISPs and their friends complaining about the New York law and proposed Massachusetts laws mandating a low-income broadband service offering: you asked for complete deregulation at the federal level and you got it. This is the consequence.
Sohn continues by calling on ISPs to join with consumer advocates to give the FCC “limited but meaningful oversight over broadband.” She adds “Until then, my colleagues and I will go to every state that will listen to ensure that Internet users are protected from anticompetitive and anticonsumer practices.”
ISPs are fighting so hard against the ABA because they fear other states may follow suit. This fear appears justified, as Vermont, Massachusetts, and California are now starting to propose similar laws in their states.
