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The Internet Network The Almighty Buck The Courts

Court Upholds New York Law That Says ISPs Must Offer $15 Broadband (arstechnica.com) 47

The U.S. Court of Appeals for the 2nd Circuit overturned a prior district court decision, lifting the injunction that blocked New York's law mandating that ISPs offer $15 broadband plans to low-income families. Ars Technica reports: The ruling (PDF) is a loss for six trade groups that represent ISPs, although it isn't clear right now whether the law will be enforced. For consumers who qualify for means-tested government benefits, the state law requires ISPs to offer "broadband at no more than $15 per month for service of 25Mbps, or $20 per month for high-speed service of 200Mbps," the ruling noted. The law allows for price increases every few years and makes exemptions available to ISPs with fewer than 20,000 customers.

"First, the ABA is not field-preempted by the Communications Act of 1934 (as amended by the Telecommunications Act of 1996), because the Act does not establish a framework of rate regulation that is sufficiently comprehensive to imply that Congress intended to exclude the states from entering the field," a panel of appeals court judges stated in a 2-1 opinion. 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."

Court Upholds New York Law That Says ISPs Must Offer $15 Broadband

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  • by Anonymous Coward

    How dare the government regulate utility monopolies. The government should stick to its intended purpose. Which I don't know what that might be since I'm an ignoramus.

    • by dbialac ( 320955 )

      For consumers who qualify for means-tested government benefits, the state law requires ISPs to offer "broadband at no more than $15 per month for service of 25Mbps, or $20 per month for high-speed service of 200Mbps," the ruling noted

      Why not just mandate a $15 and $20 plan available to everyone? It wouldn't be as controversial and I'm willing to bet there's still profit with those plans.

      • by sabri ( 584428 )

        Why not just mandate a $15 and $20 plan available to everyone?

        Ask California and Florida what happened when they started to regulate home insurance pricing for everyone.

        That's right, companies deciding that it's not worth it anymore.

        • by dbialac ( 320955 )
          I can't speak for California, but I lived in Florida at the time when this started. It had nothing to do with regulations and without changing the law, insurance companies have come back. The cap was put in, but Citizens -- a state-run plan -- will cover those who can't get insurance from a commercial insurance company because private insurance plans flat out can't afford to pay out when a disaster happens. The fact that they can't afford the payouts is problem drove out private insurance companies.. Citize
    • I live in the middle of Europe in a rural village. My broadband connection costs 20 Euros. My cellphone plan the same. People in the USA and Canada are ripped off.
  • by Anonymous Coward

    We need congress to turn the ISPs into common carriers and set rates.

    • We need Congress to fuck off and stay out of it.

      • Re: (Score:3, Informative)

        by Anonymous Coward

        We need Congress to fuck off and stay out of it.

        Why do you hate human beings so much?
        Does it bring you joy to watch people be kicked out of society, be denied possessing any money what so ever, and be forced to starve to death?

        Are you next going to go after their clean water and electricity to avoid freezing to death?

        It's not like the government is going to take that money from the poor and give it to you.
        What other possible reason could you have except pure sadistic pleasure in seeing others suffer.

        You should be fucking ashamed

        • Congressmen are not people. They're scumbags, leeching off the rest of us.

          • Re: (Score:2, Insightful)

            by Anonymous Coward

            Yet 98% of you keep on reelecting them.. What's up with that?? Voters love playing this blame game, but they never look in the mirror when searching for the cause of all their problems. We need to conduct a study on this. Where do I apply for the grant?

  • by Joe_Dragon ( 2206452 ) on Friday April 26, 2024 @09:04PM (#64428924)

    ok you can have your $15 Broadband but that only covers 1GB down and after it's $30-$40 for the next 1TB

    • by quenda ( 644621 )

      1GB? "We demand one gigabyte!" I think you've been in a time-freeze like Dr. Evil :)

      • by dbialac ( 320955 )
        A lot of individual people can work well within the 1GB range. It won't work for a family, though.
    • If they could then they wouldn't be fighting this so hard.

      It's remarkable how scummy this is. The only people who qualify for this are those who have children in the school lunch program. Or at least that's how it used to be. I'm sure that's a fair number of people, but none of them have money to spare.
  • Sounds fine to me. 512KBit/s up/down for $15/month would be plenty in a pinch. ISP's shouldn't gatekeep the internet at 1Gbps for $100+ a month. Some internet is better than no internet, especially if you can't afford it. Unfortunately the internet is an essential service now for getting a job, etc.
    • I'd be plenty happy with a 25mbps down/up for $25. I have zero real need for 1gbps and certainly am not going to pay their $100 a month for it.

      Now if only they would offer such a price point.

    • >"Sounds fine to me. 512KBit/s up/down"

      They are forcing 25Mbs minimum

      >"for $15/month would be plenty in a pinch"

      Might not sound fine to you if you were the utility company. Unless they are getting some other form of reimbursement in the deal. But 25Mbs is plenty fast enough to do just about anything normal. I make due with much slower at times.

      >" ISP's shouldn't gatekeep the internet at 1Gbps for $100+ a month"

      If they can't make any money with customers paying $15/month, they will have to raise

      • In San Diego, cox is busy charging $50 for 100mbps. It's bullshit. I get by on a 5mbps connect and it's doable but game patches are downright frustrating. 20gb BG3 patches take me forever since my phone's unlimited hotspot is my only access.

        I'd bite the bullet and pony up the $50 if I had any kind of roommate but can't really justify wasting the money otherwise. Of course, that's $50 before taxes and other "fees".

        • >"I get by on a 5mbps connect and it's doable but game patches are downright frustrating"

          Yeah, there are a few things that having a slow connection will cause some major inconvenience. Mostly thinks like large software updates. Fortunately, those are not that common and also can process whenever and are not holding things up. Other than that, even 5Mbs is surprisingly "doable" still.

          I manage (among many other things), a large WiFi network with hundreds (sometimes over to 350) of guest clients. Unfort

      • > Sure it sucks, but it isn't dire.

        Dropping the kids off at McDonald's at 7am in a snowstorm is indeed dire.

        These providers usually have enforced monopolies which always come with wealth redistribution.

        Fix all of the above problems before dunking on poor families subject to these policies.

  • Subsidized (Score:3, Informative)

    by hunter44102 ( 890157 ) on Friday April 26, 2024 @10:31PM (#64429008)
    This $15 internet is subsidized by those who pay $100 per month. When the govt forces something, the private company will just charge others until they cannot compete anymore
    • by Anonymous Coward

      This $15 internet is subsidized by those who pay $100 per month. When the govt forces something, the private company will just charge others until they cannot compete anymore

      It seems entirely appropriate to me. We've seen time and time again where ISPs are given money to build out Internet and simply pocketed the cash. Time and time again they've fought to keep their nearly monopoly fiefdom free of real competition (big ISPs rarely move into other big ISP territories).

      If they can't make money any more, they can sell their assets to the community they're suppose to be providing a service to instead of trying to extract every dime they can from them, while also taking governmen

    • When the govt forces something, the private company will just charge others until they cannot compete anymore

      Nope. Companies will charge as much as average customers are willing to pay. It doesn't matter what their bottom line is. When you're a monopoly, all the price does is creep up with inflation as the costs to deliver services goes down. This is the exact reason why the FCC common carrier stuff came around for telephones in the early 1900s Telephones became a critical service to "live", controlled by a monopoly. The internet is unfortunately the same now.

  • ... repeal of net neutrality ...

    Translation: The federal government can't stop me, so the state government can't stop me.

    With Biden attempting to shoehorn Net Neutrality onto the FCC again, these "trade groups" will soon be demanding "State's rights".

  • by sTERNKERN ( 1290626 ) on Saturday April 27, 2024 @03:18AM (#64429218)
    Is price fixing for a group of people a part of the game now?
  • by Anon E. Muss ( 808473 ) on Saturday April 27, 2024 @08:45AM (#64429400)

    Next, they'll require McDonalds to sell Big Mac combo meals for $2.50 to qualified low income customers.

    I've got no love for ISP's, but where does this stop?

  • Or $5/month or even free?
  • Some of these comments make no sense in the reality that remote schooling is now mandatary and enforced by law.

    Kids in poor families who need to be on Zoom 6 hours a day do not have other options claimed here.

    Unemployment meetings, seniors' telehealth, etc. all fit similar patterns. There is often no choice given.

    Fix those maybe before claiming that a 1GB cap is plenty.

  • Being low income is the greatest bonanza in the history of capitalism.

The difference between reality and unreality is that reality has so little to recommend it. -- Allan Sherman

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