Communications Litigation Today was a Warren News publication.

2nd Circuit Allows 2 More Weeks for Possible Pact in N.Y. Affordable Broadband Case

ISP groups got two more weeks to seek rehearing or rehearing en banc of the 2nd U.S. Circuit Court of Appeals' decision to uphold New York state’s Affordable Broadband Act (case 21-1975). The appeals court Friday granted an unopposed motion by the New York State Telecommunications Association and other industry groups to extend the deadline until June 7. The petition had been due Friday under a previous extension. However, the industry groups sought additional time Wednesday because they said they might reach an agreement with New York state to resolve the case (see 2405220073). On April 26, the 2nd Circuit decided that federal law didn’t preempt the 2021 New York law requiring $15 monthly plans providing 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051).