New York will continue defending its broadband affordability law, with a pact between the state attorney general and ISP plaintiffs a procedural step on the way to appeal, said an AG office spokesperson Friday. New York reserved appeal rights while agreeing not to enforce its law, in the agreement with ISP associations including the New York State Telecommunications Association (NYSTA), USTelecom and CTIA. See our bulletin. “The parties have conferred and agree that the Court’s holdings on preemption” in its June 11 preliminary injunction order “resolve the substantive legal issues in this matter and render the entry of final judgment appropriate,” said the stipulated final judgment (in Pacer). New York reserves the right to appeal the stipulated final judgment, declaration and permanent injunction, it said. “Defendant expressly reserves all appellate rights in this matter.” Assistant AG Patricia Hingerton asked (in Pacer) Judge Denis Hurley to order the proposed stipulation be filed by the parties Friday in case 2:21-cv-02389 at U.S. District Court in Central Islip, New York. Hurley ruled last month that ISPs would likely succeed on conflict and field preemption arguments, and granted the motion for preliminary injunction by NYSTA, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association (see 2106110064). New York appealed June 30 to the 2nd U.S. Circuit Court of Appeals (see 2106300071). “It looks like the parties agreed to take steps to move the appeals process forward,” emailed New York Public Utility Law Project Executive Director Richard Berkley. “This case would never have ended after a decision by the trial court; it was always going to be appealed. So this would save the time of having to fight it out in the lower court, then start moving it up the appeals courts' ladder.” ISP groups declined to comment.
Susan Collins, R-Maine, told reporters Thursday she and other senators involved in working on a bipartisan infrastructure bill are close to a deal, but the structure of its broadband title remains a sticking point. Draft broadband language would set a minimum speed below what fiber advocates seek for projects receiving money from a $40 billion pot of NTIA-administered state-level grants (see 2107210063). The overall proposal, which President Joe Biden backed last month, allocates $65 billion for broadband (see 2106240070). Other senators in the group agree a deal is close. “Most of the agreements have been reached,” said Mitt Romney, R-Utah. “There are a few things that are still being worked on,” but “I think we’ll be there Monday. If not so, then a day or two after.”
Broadband speeds and testing them “is a really confusing topic” and “consumers are almost hopelessly confused,” a telecom economist-consultant told NARUC in Denver. Gillan & Associates President Joe Gillan said consumers don’t always know the service speeds they're buying from ISPs, echoing others (see 2107190069). “Because consumers are confused, the politics around this is confused,” Gillan continued. Maybe 10% of people want 1 Gbps, and many internet users don’t need symmetrical speeds, he said. “Networks can do more than most people need them to do.”
U.S. fixed wireless access residential subscriptions are projected to rise at a 16.1% compound annual growth rate the next five years, reaching 5.31 million in 2026, reported GlobalData Friday. The expansion of 5G networks will combine with increasing demand for broadband in the post-COVID-19 era to drive most growth, it said. Fixed wireless access was “gaining traction” pre-pandemic, “thanks to demands for faster broadband with lower latency in unserved and underserved areas, the push for digital inclusion” and growing adoption of digital voice assistants and related smart home devices, said analyst Tammy Parker.
California Gov. Gavin Newsom (D) was expected to clear $6 billion for broadband, after the Senate and Assembly widely supported the plan (see 2107130054) on Thursday. No lawmaker from either party voted nay. At the livestreamed floor session, Sen. Brian Dahle (R) praised the proposal for letting rural electric cooperatives seek funding. Dahle is “tired of hearing” criticism from private ISPs that he said failed to use earlier funding and haven’t presented solutions.
A federal court granted New York’s extension request, as the state works with ISP groups to resolve litigation over a broadband affordability law (see 2107060075). New York’s deadline to answer the complaint from the New York State Telecommunications Association and several national groups is now Aug. 11, and an initial conference is adjourned to Aug. 31, Magistrate Judge Kathleen Tomlinson ordered (in Pacer) Thursday in case 2:21-cv-02389 at U.S. District Court in Central Islip, New York.
Wireless ISP Association President Claude Aiken spoke with Commissioner Brendan Carr on WISPA supporting FCC efforts "to make broadband mapping more accurate and more granular,” said a filing posted Thursday in docket 20-34. “Developing accurate data about ‘where broadband is and is not’ is a necessary first step before awarding subsidies.”
Four in 10 multiple dwelling unit renters are interested in bulk broadband bundled with their rent; 77% of those are willing to pay higher rent in exchange for the service, reported Parks Associates Wednesday. More MDU residents show growing interest in smart home devices, with 41% of such broadband households owning at least one device vs. 34% of single-family households. Social distancing during COVID-19 revealed consumers’ dependence on reliable connectivity for telehealth, videoconferencing, banking and online fitness, said analyst Jennifer Kent.
The Wireless ISP Association urged the FCC Friday to adopt proposals in a Further NPRM (see 2011180043) liberalizing rules for the 5.9 GHz band. Replies were due Friday in docket 19-138. “Broad consensus exists for adoption of the Commission’s proposed technical rules, enabling widespread outdoor unlicensed use of the 5.9 GHz band,” said Louis Peraertz, WISPA vice president-policy: As FCC grants of special temporary authority to use the band make clear, “the demand is there for it to go into quick and innovative service, keeping American’s connected during the pandemic, and beyond,” he said.
AT&T should modify certain claims comparing its fiber internet service upload speed with cable, the Better Business Bureau's National Advertising Division recommended Wednesday. NAD recommended AT&T modify its “better internet” and “faster internet experience” claims when comparing its service with cable. NAD also recommended AT&T “modify the implied claim that Comcast’s internet is unreliable to avoid conveying the messages that cable users are unable to video chat, upload large files, expand their businesses, or sell their homes.” Comcast challenged AT&T’s claims that appeared in five television commercials and one internet advertisement. NAD said AT&T’s evidence to substantiate its claims was “not a good fit” and “the record did not demonstrate that the problems presented to consumers in the advertisements exist to the degree and duration suggested by the ads.” AT&T said it will appeal the decision: The phrases at issue are “perfectly legitimate.” Comcast didn’t comment.