Digital Inclusion

ISPs Press Supreme Court to Reconsider N.Y. Internet Affordability Law

In a rare Supreme Court rehearing bid, ISPs argued the law was causing harm.

Jericho Casper

Jan 27, 2025 — 2 min read

Photo of New York AG Letitia James by the Working Families Party

WASHINGTON, Jan. 27, 2025 – Once again, internet providers have petitioned the Supreme Court to weigh in on the legality of New York's broadband affordability law.

The Supreme Court in December declined to hear the broadband industry’s challenge to New York’s Affordable Broadband Act, leaving intact a Second Circuit ruling that upheld the 2021 law and paving the way for its enforcement on Jan. 15.

Now, ISPs have filed a petition for rehearing, citing new evidence to argue that the law has already caused harm. In a supplemental brief submitted on Jan. 17, they pointed to AT&T’s withdrawal of its 5G fixed wireless service from New York on Jan. 15 as a direct consequence of the state’s requirements.

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Digital Inclusion New York ABA Second Circuit AT&T New York State Telecommunications Association CTIA NTCA ACA Connects USTelecom FCC Title I Albany Syracuse Letitia James Supreme Court