Court Enjoins NY From Enforcing Cheap-Broadband Law

New York is enjoined from enforcing its broadband affordability law, in a stipulated final judgment (in Pacer, docket 21-CV-02389) approved Wednesday by U.S. District Judge Denis Hurley in Central Islip, Long Island. Hurley ruled last month that ISPs would likely succeed on conflict and field preemption arguments, and granted a motion for preliminary injunction by the New York State Telecommunications Association, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association (see 2106110064). Under the stipulated final judgment, the sides agreed to a final judgment in favor of the ISP interest plaintiffs conceding that the state law is preempted by federal law. New York Attorney General Letitia James (D) reserves the right to appeal the stipulated final judgment, declaration and permanent injunction. Her office didn't comment. For our report on the sides settling this case that may go to an appeals court, see here.