D.C. Memo: NY AG James to Enforce ABA Unless Stopped by Supreme Court
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SCOTUS: N.Y. Attorney General Letitia James has reached a partial agreement with state ISPs over enforcement of the state's Affordable Broadband Act, which set the price of Internet service for eligible low-income New Yorkers. In a letter filed with the U.S. Supreme Court yesterday, James agreed not to enforce the law while the ISPs were seeking Supreme Court review of the Second Circuit's decision in June that upheld N.Y.'s rate regulation law. But James did not agree to delay enforcement if the Supreme Court agreed to take the ISPs' appeal. Her office agreed to stay enforcement only if ordered to by the Supreme Court. The ISPs on Aug. 2 asked the high court to do just. The ISPs plan to file their formal appeal of the Second Circuit’s ruling with the Supreme Court on Aug. 12. Among the ISP organizations involved in the case are ACA Connects, CTIA, and the New York State Telecommunications Association. Enacted in 2021, the ABA requires ISPs to offer low-income consumers a basic service plan of 25 Mbps for $15 per month or 200 Mbps for $20 per month.
