The New York law requiring Internet providers to offer cheap plans to people with low incomes will take effect on Wednesday this week following a multi-year court battle in which the state defeated broadband industry lobby groups.
A US appeals court
upheld the law in April 2024, reversing the ruling of a district judge who
blocked it in 2021. The Supreme Court last month
decided not to hear the broadband industry's challenge, leaving the appeals court ruling in place. The state law requires Internet providers to offer $15- or $20-per-month service to people with low incomes.
As we've written, the battle between New York and ISPs was an important test case for how states can regulate broadband providers when the Federal Communications Commission isn't doing so. The Biden-era FCC's attempt to reinstate net neutrality rules and regulate broadband providers as common carriers was
blocked in court, but ISPs lost the fight against the New York affordability law and an earlier fight against
California's net neutrality law.
New York-based ISPs can comply by offering $15 broadband plans with download speeds of at least 25Mbps, or $20-per-month service with 200Mbps speeds. The price must include "any recurring taxes and fees such as recurring rental fees for service provider equipment required to obtain broadband service and usage fees." Price increases are to be capped at 2 percent per year, and state officials will periodically review whether minimum required speeds should be raised.
arstechnica.com
