Court upholds New York law that says ISPs must offer $15 broadband

Stanford Law Professor Barbara van Schewick said today's ruling provides states with important protections in the event that the FCC ever deregulates broadband again. "Today's decision means that if a future FCC again decided to abdicate its oversight over broadband like it did in 2017, the states have strong legal precedent, across circuits, to institute their own protections or re-activate dormant ones," she said.

Combined with other rulings like the one upholding California's net neutrality law, van Schewick says that "case law is now abundantly clear that if the FCC eliminates its authority over broadband by miscategorizing it as a Title I information service, then the states can step in."