New York obtains significant win for states' ability to regulate broadband.

Trade groups claimed the state law is preempted by former Federal Communications Commission Chairman Ajit Pai’s repeal of net neutrality rules. Pai’s repeal placed ISPs under the more forgiving Title I regulatory framework instead of the common-carrier framework in Title II of the Communications Act. 2nd Circuit judges did not find this argument convincing:

Second, the ABA is not conflict-preempted by the Federal Communications Commission’s 2018 order classifying broadband as an information service. That order stripped the agency of its authority to regulate the rates charged for broadband Internet, and a federal agency cannot exclude states from regulating in an area where the agency itself lacks regulatory authority. Accordingly, we REVERSE the judgment of the district court and VACATE the permanent injunction.

  • @BuffaloxEnglish
    16•7 months ago

    Is there a quality requirement? Because without that it’s a pretty useless law.

    • @CheemsEnglish
      34•7 months ago

      “So what is broadband? According to the FCC, the definition of broadband internet is a minimum of 25 Mbps download and 3 Mbps upload speeds. Broadband provides high speed internet access via multiple types of technologies including fiber optics, wireless, cable, DSL and satellite.”

      • @BuffaloxEnglish
        12•7 months ago

        OK thanks, as a bottom level cheap option, that’s not too bad. It’s not great, but it should be enough for essential tasks.
        I’m assuming it’s unlimited traffic without throttling. Because otherwise it wouldn’t really be broadband 24/7 as I expect is required.
        Otherwise it’s still useless.

        • @CheemsEnglish
          11•7 months ago

          While looking for that I also found something saying the FCC wants to raise the requirements of it it 100 but the last vote didn’t go through

          • @BuffaloxEnglish
            3•7 months ago

            Wow, that would be pretty great, unless there’s a data cap, which makes it useless.

            • @AProfessionalEnglish
              10•7 months ago

              Caps are allowed but the FCC has shown interest in regulating it. Maybe some decade.

              • @BuffaloxEnglish
                6•7 months ago

                With caps it’s completely worthless. It’s not broadband if it’s throttled below it.

          • @[email protected]English
            -1•7 months ago

            I think 100 is unreasonable, especially if it’s a minimum agreed level of service. Peak usage would absolutely suffer and be hard to maintain at that level.

            I think the should raise it to 25/10 though. 3mbps up sucks for things like video calls. 5 is probably enough, but 3 is just too low.

            I personally have 50/25 ($55/month total), and it’s plenty fast for everything I’ve needed. I plan to upgrade soon when I get on my city’s new fiber network, but I’m unwilling to pay for anything much faster right now.