*In partnership with Broadband Breakfast, the following story by Broadband Breakfast Reporter Jake Neenan was originally published here.

The broadband industry keeps trying to get the Supreme Court to help them, and the Supreme Court keeps saying no.

The high court said again Monday that it will not hear the industry’s challenge to a New York law capping broadband prices for low-income customers. The denial Monday...keep(s) the door open for other states considering similar laws.

State legislators in at least California and Massachusetts are already considering similar laws.

ISPs had told justices they feared states doing so, writing that if the law were upheld “many state legislators and bureaucrats would surely then follow New York’s lead.”

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New York’s Affordable Broadband Act requires monthly prices of no more than $20 for households participating in programs like SNAP and Medicaid. ISPs with less than 20,000 subscribers were tentatively exempted, but large ISPs now bound by the law cover 95 percent of the state’s homes and businesses.

Charter and Altice already offered compliant plans per agreements with the state, and Verizon had a similar affordable plan with more stringent eligibility requirements. The law went into effect Jan. 15.

*In partnership with Broadband Breakfast, we occasionally republish each other's content. The following story by Broadband Breakfast Reporter Blake Ledbetter was originally published here.

A New England ISP trade group is pushing back against a Massachusetts bill that seeks to cap broadband rates for low-income households.

The Massachusetts bill mandates that all state-based ISPs create and promote an affordable broadband plan or risk a civil penalty of up to $1,000 per violation.

The requirement would apply to wireline, fixed wireless, and satellite providers, both private and public. If passed, the bill would require ISPs to offer a 100 Mbps download speed plan for $15 a month “inclusive of any recurring taxes and fees.”

“NECTA is concerned on any state effort to establish rate regulation over broadband products and service,” said Anna Lucey, spokeswoman for the New England Connectivity and Telecommunications Association, a group which includes Comcast and Charter.

She said NECTA members already offer low-income broadband programs that include significantly reduced rates for qualifying households in the state.

“The rate regulation proposed in this bill is not only unnecessary but would be counterproductive—introducing significant inefficiencies, imposing substantial additional compliance costs and uncertainty for ISPs, and ultimately distracting from the shared goal of connecting as many Massachusetts residents as possible to robust and affordable broadband services,” she added.

The bill, sponsored by Sen. Pavel Payano (D) and Rep. Rita Mendes (D), could also run into trouble with the Federal Communications Commission if Chairman Brendan Carr intends to restrict states that interfere with the agency’s light-touch approach to broadband regulation.

The bill was offered as a response to the end of the federal Affordable Connectivity Program (ACP) in May 2024, which served 368,000 families in the state.

*The Massachusetts law mirrors a similar bill now in effect in New York.

With New York’s Affordable Broadband Act (ABA) now in effect, lawmakers in other states are filing similar legislation that requires large Internet Service Providers to offer low-cost plans for financially-strapped households in their respective states.

In Massachusetts, State Sen. Pavel Payano filed a bill earlier this month similar to New York’s law that seeks to establish a $15/month plan for low-income households in the Bay State.

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Then, earlier this week, California Assemblymember Tasha Boerner introduced Assembly Bill 353 that would mandate ISPs “make affordable home Internet plans available to California residents,” Boerner’s office said in a press release.

“Right now, families are struggling to afford essential services, like the Internet,” Boerner said in a press statement.

Speaking to why passing an affordable broadband law was important, Boerner put it in plain terms, noting that “households in our state don’t have support to pay for a basic home Internet service plan. We are talking about kids not being able to do homework at home, parents having to go to libraries to apply for jobs, and people not having access to do basic things, like telehealth.”

New York City Mayor Eric Adams recently unveiled plans to improve public safety, housing, and the overall livability of the Big Apple.

Among them is $6 million in new funding to expand the New York Public Library’s (NYPL) “Neighborhood Internet” network, providing free Internet to an additional 2,000 households receiving Section 8 rental assistance.

The city hopes that the program, which is first focused on expanding Internet access to low-income households in Upper Manhattan and the Bronx, will ultimately be expanded to reach as many low income NYC residents as possible. But the effort still remains a far cry from the bolder, bigger, “master plan” initiative scrapped by the Adams administration in 2022.

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Low income city residents simply need a library card to connect to the NYPL network in the limited parts of the city where access is currently being offered. The NYPL has experimented with Citizens Broadband Radio Service (CBRS), fixed wireless, and some fiber for connectivity. The program also provides low income users with a Chromebook with Wi-Fi access.

Now that the lengthy legal beef has been settled and New York’s Affordable Broadband Act (ABA) is set to take effect this month, it marks a potentially pivotal moment in a national effort to address one of the biggest barriers to broadband adoption: 

Affordability.

The first-in-the-nation law requiring large Internet Service Providers (ISPs) operating in New York to offer a $15/month plan for qualifying low-income households stands to benefit the approximately 1.7 million New Yorkers who had been enrolled in the federal Affordable Connectivity Program (ACP) Congress allowed to expire last spring.

With a new administration entering the White House – supported by GOP Congressional leaders who blocked previous ACP renewal efforts – the newly enacted ABA “paints a path that other states will look at,” as New Street Research analyst Blair Levin recently noted.

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“In a world where the federal government is subsidizing low-income households for $30 a month, states did not need to take action to address low-income broadband affordability,” Levin added. But now, without the ACP benefit, “states may try to assist low-income households to keep them connected.”

New York State officials have unveiled the first round of broadband deployment grants made possible by the state’s $100 million Affordable Housing Connectivity Program (AHCP), which aims to drive affordable fiber and Wi-Fi to low-income state residents trapped on the wrong side of the digital divide.

As part of the program, the state recently announced it will be spending $13.1 million to connect 14,167 lower income residents across Buffalo, Rochester, upper Manhattan and the Bronx with both affordable gigabit-capable fiber – and low cost Wi-Fi.

Flume, the partner ISP chosen by the state, will offer residents the choice of three broadband tiers: 100/20 megabit per second (Mbps) fiber for $10 per month, symmetrical 200 Mbps fiber for $15 per month, and symmetrical 1 gigabit per second (Gbps) fiber for $30 per month. All three subsidized fiber options will be locked at that price point until 2034, according to the state.

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“In today's digital age, access to reliable, affordable high-speed Internet isn't just about convenience – it's about ensuring every New Yorker can participate fully in our modern economy and society,” New York Governor Kathy Hochul said of the new grants. “Through these strategic investments, we're not only installing fiber and infrastructure, we're opening doors to education, healthcare and economic opportunity.”

Faster, Better, Cheaper