A federal appeals court ruling on Friday upheld a law requiring internet service providers (ISPs) in New York to offer some subscribers a broadband plan for $15. The ruling reversed a previous ruling that had prevented New York from enforcing the law.The New York Affordable Broadband Act (ABA) was initially blocked in June of 2021 by a US District Judge who said that the law was rate regulation and preempted federal law. Friday’s ruling by the US Court of Appeals for the 2nd Circuit both reversed that ruling and vacated the permanent injunction that prevented the law from being enforced in the state, Ars Technica reports.The law in question requires ISPs to offer low-cost broadband to individuals who qualify based on their means. Specifically, the law requires them to offer “broadband at no more than $15 per month for service of 25Mbps, or $20 per month for high-speed service of 200Mbps.”That low price isn’t entirely set in stone. ISPs are allowed to increase the price every few years, and small businesses with fewer than 20,000 customers are offered some exemptions.The law is similar to another that exists on the federal level, the Affordable Connectivity Program. That program knocks $30 a month off the cost of the broadband bills for a substantial number of lower-income Americans.
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That program is available to households with an income equal to no more than double the federal poverty level and those who participate in Medicaid or have a child that receives free to reduced-cost lunches.That subsidy has been in effect since 2022 but is currently waiting for Congress to renew its funding.
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