In New York St. Telecomm's Ass'n v. James, No. 2:21-cv-2389 (DRH) (AKT), 2021 WL 2401338 (E.D.N.Y. June 11, 2021), a Senior District Judge brought minorities' broadband access to an abrupt halt. He ruled before the merits and entered a preliminary injunction blocking enforcement of a New York State law.
The New York Affordable Broadband Act would have required the plaintiffs on "June 15, 2021 to offer qualifying low-income costumers [sic] high-speed broadband service at or below certain price ceilings." Telecomm's Ass'ns, 2021 WL 2401338, at *1. The Judge's preliminary injunction on June 11, 2021 came just in time for the plaintiffs.
The plaintiffs could not tolerate offering qualifying low-income customers high-speed broadband service at or below certain price ceilings. Even during a plague. Perhaps especially during the COVID plague.
The plaintiffs are "a group of trade associations whose members provide broadband internet service to New Yorkers[.]" Telecomm's Ass'ns, 2021 WL 2401338, at *1.
The Court ruled that the New York State law is preempted by federal law which regulates the rates the plaintiffs charge. This is the filed rate doctrine in new clothes. This ruling means that, having regulated the rates of broadband internet service, only the federal government can act to require that any low-income customers be offered broadband service at any other rate.
From the perspective of the telecommunications industry, this preliminary injunction could not wait. From the perspective of this author, this article could not wait and that is why it is posted on an unusual day for publication on this blog, a Tuesday. Reasonable accommodations are often a requirement of living.
And of the law.
The filed rate doctrine is discussed in 2 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 11:26 (3d ed. West Publishing Co., 2021 Supps.).
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