On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit
On January 15, 2025, New York began enforcing its broadband rate-regulation law for the first time since New York enacted it in 2021.1 As we noted in our petition for rehearing (at 5 n.7), that event created a “serious risk that ... some providers will cease offer- ing broadband service in New York rather than sell at a loss.” That risk has come to pass.
AT&T has with- drawn its 5G fixed wireless home internet offering — AT&T Internet Air — from New York because of the rate-regulation law.2 AT&T had offered service in Albany, Binghamton, Buffalo, Elmira, New York City, Plattsburgh, Rochester, Syracuse, Utica, and Water- town.3 AT&T currently offers Internet Air in cities in 47 other States and in the District of Columbia,4 which do not regulate broadband rates.
1 See Order Reopening Proceeding and Reinstating Temporary Exemptions Subject to Conditions at 5-6, Affordable Broadband Act, Case Nos. 24-M-0255 & 21-M-0290 (Jan. 9, 2025) (“Any ISP operating in New York not subject to a temporary exemption as described herein must be in compliance with the requirements of GBL § 399-zzzzz by Wednesday, January 15, 2025, or be sub- ject to a potential penalty action in accordance with the ABA.”), https://on.ny.gov/3E7MSFD.
2 See Eli Blumenthal, AT&T Is Stopping Its 5G Internet Air Service in NY Because of New Broadband Law, CNET (Jan. 15, 2025), https://cnet.co/4hiVI1S.