More Time Is Urged to Seek Rehearing of 2nd Circuit's N.Y. Affordability Law Decision

Industry groups might seek rehearing of the 2nd U.S. Circuit Court of Appeals decision to uphold New York state’s Affordable Broadband Act (case 21-1975). The New York State Telecommunications Association, CTIA, USTelecom and other plaintiffs filed a Monday motion seeking until May 24 “to file a petition for rehearing and / or rehearing en banc.” Such a petition is usually due in 14 days (May 10), but “good cause” exists to grant a two-week extension, the industry groups said. For one thing, the FCC ruled on net neutrality the day before the court’s decision came out and the final text isn’t yet available, they said. The 2nd Circuit ruled Friday that federal law doesn’t preempt the New York law under Communications Act Title I classification of broadband (see 2404260051). But on Thursday, the FCC voted 3-2 to reclassify broadband as Title II (see 2404250004).