2nd Circuit Grants Extension to Appeal N.Y. Affordable Broadband Decision

Telecom industry groups get until May 24 to seek rehearing of the 2nd U.S. Circuit Court of Appeals decision to uphold New York’s Affordable Broadband Act, said an order Tuesday (docket 21-1975). The court responded to a Monday motion by New York State Telecommunications Association, CTIA, USTelecom and other plaintiffs seeking a two-week extension “to file a petition for rehearing and / or rehearing en banc” (see 2404300015). The rehearing motion would otherwise have been due May 10. 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).