New York's law requires ISPs to offer $15 broadband plans with speeds of at least 25Mbps or $20 plans with 200Mbps, inclusive of taxes and fees.
When New York enacted its law, the FCC had classified broadband as an information service under Title I, allowing states to regulate it with limited federal oversight.
The New York Attorney General argued that federal law does not broadly preempt state regulations of Title I information services, leaving state police powers intact.
Applicants' claim of field preemption fails as Congress granted the FCC limited authority over information services, thus leaving state regulatory powers largely untouched.
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