Jan. 12 Oral Argument Set in NYAG's Affordable Broadband Act Appeal

The 2nd Circuit U.S. Court of Appeals set oral argument for Jan. 12 at 10 a.m. EST in New York Attorney General Letitia James’ appeal of the July 2021 final judgment of the U.S. District Court for Eastern New York that granted an injunction to six telecom associations, permanently enjoining James from enforcing New York’s Affordable Broadband Act. The statute requires internet service providers to sell broadband plans in New York state for $15 a month to low-income households, but the associations argued successfully before U.S. District Judge Denis Hurley in Central Islip, New York, that federal law preempts the statute. Each side will be afforded 10 minutes in oral argument, said a hearing notice Thursday (docket 21-1975). The plaintiff-appellees in Democrat James' appeal are the New York State Telecommunications Association, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting & Communications Association.