1-Month Delay Possible in N.Y. Affordable Broadband Case

New York sought 30-day extensions to two U.S. Supreme Court deadlines related to ISP groups’ challenge of the state’s Affordable Broadband Act. Last month, ISP groups asked the high court to review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the 2021 state law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2408130021). Currently, New York must respond to the petition for certiorari by Sept. 13 and industry groups’ stay application by Sept. 16 in case 24A138. However, in a Wednesday letter to SCOTUS, New York Solicitor General Barbara Underwood said “upcoming oral arguments and briefing deadlines in other matters will make it very difficult for me and for the other attorneys on this matter to meet the current deadlines.” A 30-day extension “would provide respondent with an opportunity to respond as appropriate to the amicus briefs that we have been told will be filed in support of the petition,” she added. Underwood said she was told petitioners “consent to this extension request.”