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LEGAL NEWSLINE

Tuesday, April 30, 2024

New York illegally attempting to regulate broadband rates, lawsuit says

State AG
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BROOKLYN, N.Y. (Legal Newsline) - Six telecommunications industry associations want New York Attorney General Letitia James to answer in federal court for allowing state lawmakers to regulate broadband rates. 

The complaint was filed on April 30 in the U.S. District Court for the Eastern District of New York. The plaintiffs in the case include: the New York State Telecommunications Association, Inc.; CITA—The Wireless Association; ACA Connects—America's Communications Association; USTelecom—The Broadband Association; NTCA—The Rural Broadband Association; and Satellite Broadcasting and Communications Association. 

The Federal Communications Commission (FCC) protects telecommunications providers from government broadband rate regulation; according to the complaint, broadband service in New York has never been subjected to rate regulation from any federal or state entities. 

The plaintiffs accuse of the state of including a provision in the N.Y. fiscal year 2022 budget that will require telecommunications providers to offer a highly reduced monthly broadband package to low-income households against FCC policy. 

The associations say that many broadband providers already participate in affordable broadband programs for low-income homes such as the Emergency Broadband Benefit.

The plaintiffs are represented by: Mololamken LLP of Washington D.C.; Kellogg, Hansen, Todd, Figel and Frederick PLLC of Washington D.C.; and Harris, Wiltshire and Grannis LLP of Washington D.C.

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