D.C. Memo: NCTA Urges Supreme Court to Block States from Setting Internet Rates
D.C. Memo: NCTA Urges Supreme Court to Block States from Setting Internet Rates
◾ GCI: Sitka's Internet Is Back ◾ FCC OKs Ziply-LocalTel Deal ◾ Simington: Fox Station Delay 'Political' ◾ DIRECTV Kept Retrans Complaint Against Disney ◾ ImOn Worker Electrocuted in Iowa City
Rate Regulation: Cable's largest trade group wants the Supreme Court to stop states from capping the price of broadband. Such a move would require overturning the Second Circuit's ruling in June that affirmed New York's Affordable Broadband Act, which requires ISPs to offer discounted rates to low-income residents. "The Communications Act preempts New York’s Affordable Broadband Act, which conflicts with core provisions of that statute and undermines a longstanding federal regulatory approach reaching back nearly 50 years," NCTA outside counsel Matthew Brill said in an amicus brief filed with the Supreme Court on Friday. The Second Circuit held that if broadband is an unregulated Title I information service, states are free to regulate rates. Congress, NCTA said, never gave that authority to the states, adding the Second Circuit's reasoning made "a hash" of preemption law. "New York is trying to fix what isn’t broken, and the Second Circuit’s decision lights a trail for other states to follow suit, thus destroying the regulatory conditions that have fostered broadband’s success," NCTA's brief said. Brill urged the court to put review of the New York law on hold to await a final result in the Sixth Circuit, where NCTA and others have challenged the FCC's Net Neutrality rules that classified ISPs as Title II common carriers in April. In tandem with that classification, the FCC said it would not regulate rates, a step that likely preempted the ABA, the Second Circuit said. "New York’s attempt to regulate rates is preempted regardless of whether broadband is classified as an information service under Title I or a telecommunications service under Title II," NCTA said.
Sitka: Historic Sitka in Alaska lost GCI's landline Internet and mobile service two weeks ago because of a damaged fiber cable beneath the ocean floor. Full service was restored Saturday after many days of work by repair crews. "GCI teams worked through the night and have successfully restored all services in Sitka. We will continue to closely monitor our network over the next several days for any intermittent issues that may arise as the network stabilizes," said GCI spokesman Josh Edge. Sitka, on Baranof Island is where Russia handed to the U.S. the title to Alaska's 365 million acres in 1867, has about 9,000 people and is a popular port of call for cruise ships. After the fiber tear on Aug. 29, GCI was able to provide limited service using microwave and satellite facilities. Some Sitkans got by with Starlink terminals, though elective surgeries were postponed and many businesses went cash-only. "We appreciate everyone’s patience as we’ve worked to fully restore services in the community," Edge said.