ISPs fear wave of state laws after New York’s $15 broadband mandate

Because of lobbying, well mostly anyways. Chattanooga, TN did the municipal broadband thing through its city owned power company, one of the largest around, and got immediately lobbied to death the second they tried to go outside their electrical coverage. Admittedly, Chattanooga is actually a mildly purple spot in a sea of crimson red and IIRC the only reason it got approved at all was through grant money for smart metering, legally the ISP was just using the extra fiber capacity. Basically, whenever there's a chance that a major municipality might try it, there's a full court press of lawyers and lobbyists to make sure it dies in a sea of paperwork.
Yeah, that’s because in Tennessee you have Marsha Blackburn, the biggest piece of shit on legacy telecom’s payroll. You’ll find her behind every single damn bill that works to keep them as monopolies. That’s what paid her way into the Senate.
 
Upvote
29 (29 / 0)

robert e

Smack-Fu Master, in training
45
Its nuts to me that republicans/Conservatives espouse free-market capitalism as the fix for regulations, and then turn a blind eye to industries that lobby enough like ISPs to enforce monopolies when it is super clear that forcing actual competition does fix almost all the things consumers hate about that industry

"Turn a blind eye"? Hilarious. It's classic conservative double-speak: "free-market capitalism" means freedom to corruptly rig markets. Always has been, always will. Actually free markets require regulation and enforcement to maintain.
 
Upvote
34 (34 / 0)

Got Nate?

Ars Scholae Palatinae
1,445
Upvote
4 (4 / 0)
I'd be interested to know what happens if someone with in-the-ground infrastructure decides to take their ball and go home. Can the state take it or force a sale at a reasonable price and use it for municipal or even state level broadband?
I think it's no different from you quitting your job because you no longer like the terms your employer is offering.

They can't force you to stay, and depending on how important you were, there might be some short-term pain while they searched for a replacement, or someone else grew to fill your shoes.

Ultimately, most businesses will carry on as usual with very minor hiccups and might even do better.
 
Upvote
2 (2 / 0)

tim305

Ars Scholae Palatinae
709
South Korea long ago proved that broadband does not need to be expensive to end users. But, you need to let the ISP's pick up the costs from content providers, as in SK, where content providers pay 15x what they do in the US. Sure, this kills a lot of spammy clickbait business models, and the big content providers hate it because those pennies per user do add up at scale. But, it would be a better Internet. In fact, it was moving that way naturally until the big content providers convinced consumers that only they should be allowed to pay for the last mile. So, now we all kick in ~$60/mo to subsidize the content and advertising industry.
 
Upvote
-6 (5 / -11)

iim

Ars Tribunus Militum
1,720
My experience is that 5G home Internet isn’t what it’s cracked up to be. I’ve had the service with both T-Mobile and Verizon, and despite both of them limiting the number of users of this service to a certain area, it’s still too inconsistent for most people to recommend.

I live in a a touristy part of California, and whenever we would get crowds coming to the beach, which is most of summer, the network would fast in one moment followed by a lot of annoying pausing. Even with network priority, you can’t prioritize everyone with priority at the same time so you get lots of delays.

Performance would start to nosedive around the end of spring and wouldn’t fully recover until fall.

I finally gave up and went back to landline.

This area used to serviced by Verizon FiOS, until they sold it all off to Frontier as they were going all in on 5G wireless everything. My guess is that didn’t work out so well as they wouldn’t have bought out Frontier to get back all the Fios they swore off.
 
Last edited:
Upvote
10 (10 / 0)

jezra

Ars Tribunus Militum
2,154
The ACP was a federal subsidy to ISPs that refuse to offer affordable service. If there were proper regulations, there would be no need to give ISPs such subsidies. When the news broke that the SCOTUS would not hear arguments against the NY law, I contacted my State officials to voice my support for State level broadband pricing regulations that would apply to all residents and not just low-income.

"Finding the right solution for California will require thoughtful engagement and collaboration from all sides of this issue,"
Well shit, that is incredibly disheartening. On one side, are the citizens getting gouged on broadband pricing, and on the other side are the shareholder's on Wall St who want more and more profits. The moment I read "collaboration from all sides of the issue", I immediately thought of a California version of the ACP, and not real pricing regulation.
 
Upvote
3 (3 / 0)
South Korea long ago proved that broadband does not need to be expensive to end users. But, you need to let the ISP's pick up the costs from content providers, as in SK, where content providers pay 15x what they do in the US. Sure, this kills a lot of spammy clickbait business models, and the big content providers hate it because those pennies per user do add up at scale. But, it would be a better Internet. In fact, it was moving that way naturally until the big content providers convinced consumers that only they should be allowed to pay for the last mile. So, now we all kick in ~$60/mo to subsidize the content and advertising industry.
No. That's not how it works.

I pay x amount for my home connection.

Then depending on the size of the business or you might pay your local isp for a business connection or you might be buying express route connections.

A company like Netflix is going to be paying for cdns, edge servers, and multiple connections from multiple data centers and businesses locations.

Enterprise companies are going to be on unique contracts with rates the isp itself negotiated.


If American isps who have taken in billions of tax payer money aren't getting enough money from businesses then that's their fault and they apparently suck at doing business.
 
Upvote
15 (15 / 0)

mozbo

Ars Tribunus Militum
1,867
I wish more Dem controlled states would actually look at Municipal Broadband and push that more. Why can't New York have municipal fiber providers in competition with the private providers? You hardly have to regulate if you've got a muni provider that sets the baseline standard on price, speed, quality of service, net neutrality, quotas, etc. If the other providers become too much worse than the muni provider, then people will just switch to the muni provider.

Some places even do a scheme where other companies can basically be similar to MVNOs for cellular companies, where they buy service at wholesale from the muni fiber network, and resell the service at a markup, while doing the marketing, customer service, tech support, etc.
Even if the prices aren't quite as good, the Muni provider isn't constantly lying to you, trying to rip you off, or blowing off service issues.
 
Upvote
19 (19 / 0)

jezra

Ars Tribunus Militum
2,154
Because of lobbying, well mostly anyways. Chattanooga, TN did the municipal broadband thing through its city owned power company, one of the largest around, and got immediately lobbied to death the second they tried to go outside their electrical coverage. Admittedly, Chattanooga is actually a mildly purple spot in a sea of crimson red and IIRC the only reason it got approved at all was through grant money for smart metering, legally the ISP was just using the extra fiber capacity. Basically, whenever there's a chance that a major municipality might try it, there's a full court press of lawyers and lobbyists to make sure it dies in a sea of paperwork.
it's not just lobbying. There are plenty of ways ISPs can influence legislators such as sponsoring election campaigns, making donations to organizations run by a politician's spouse, funding inauguration ceremonies, etc.

The CPUC's handling of the murderous PG&E corporation is a perfect example of how a utility can get off the hook for literally killing people. That same CPUC is somehow expected to do what is best for the people of California in regards to both AT&T's desire to no longer be COLR, and AT&T's refusal to upgrade their network from copper to fiber. In my County, the plan is to use public funding to pay AT&T to upgrade AT&T's network in an area where AT&T can't compete against Starlink.
 
Upvote
3 (4 / -1)

mozbo

Ars Tribunus Militum
1,867
I don't know how bad the current FCC chair is, but I bet if it was Ajit Pai he could somehow convert ISPs to a utility in order to make them federally regulated, and then set arbitrarily high rates to protect their revenue plus no discounts for low income customers or anything like that.
It's Brendan Carr, and he is miles worse than Idjit Pai.

Pai was a disingenuous shill, interested in shoveling money at the ISPs.

Carr is nakedly malevolent, with a direct motivation of hurting minorities and the poor.
 
Upvote
25 (25 / 0)

jranson

Wise, Aged Ars Veteran
183
The Federal regulations for broadband pricing were always going to be thrown out in favor of state-level action, regardless of who is president or the FCC chair.

The US Constitution clearly delineates what is under state purview and what is under federal purview. None of the legislative powers granted to the federal Congress in the USC (interstate commerce, coining money, declaring war, and establishing post offices) - nor the subsequent the "necessary and proper" clause - grants Congress or the Executive any power to regulate broadband pricing - at least for the majority of ISPs. The reason is because broadband providers have established state-level business offices / companies to whom you remit your monthly bill. A completely in-state transaction is immune from such federal regulation.

Net Neutrality, on the other hand, likely can be regulated federally, should the Congress ever specifically pass legislation authorizing the FCC to do so. This is because 1) the networks in use involve physical links across numerous states, and 2) a core function of using the internet is to make digital and physical purchases - which generally involve interstate commerce.

The NN regulations that were recently struck down were due to a 2024 SCOTUS ruling striking down the "Chevron deference doctrine" - meaning courts can no longer just side with the government arguing that a federal regulation is legit, if the underlying law authorizing the regulation is too ambiguous. Laws now must be unambiguous or any regulatory authority they grant to the Executive could be nullified by the courts if the regulations seem unreasonable to the jurists.

Edit to add: If you guys are going to downvote this, I'd love for you to at least respond and tell me why you disagree so we can have a healthy discussion.
 
Last edited:
Upvote
-19 (5 / -24)
I don't know how bad the current FCC chair is

Brendan Carr wrote the FCC chapter in the Project 2025 manifesto. He's awful, go read the chapter

He wants to unregulate all telcos and ISPs, destroy community resources like last mile wires, enforce exclusive monopolies, etc.

Worst of all he thinks he can weaponize the FCC to destroy Section 230 and enforce the demented perverted maga/musk "must carry" interpretation of the 1st Amendment. All that, after SCOTUS ruled that federal agencies can't implement regulations.

Completely wacked.
 
Upvote
24 (24 / 0)

jezra

Ars Tribunus Militum
2,154
The Federal regulations for broadband pricing were always going to be thrown out in favor of state-level action, regardless of who is president or the FCC chair.

The US Constitution clearly delineates what is under state purview and what is under federal purview. None of the legislative powers granted to the federal Congress in the USC (interstate commerce, coining money, declaring war, and establishing post offices) - nor the subsequent the "necessary and proper" clause - grants Congress or the Executive any power to regulate broadband pricing - at least for the majority of ISPs. The reason is because broadband providers have established state-level business offices / companies to whom you remit your monthly bill. A completely in-state transaction is immune from such federal regulation.

Net Neutrality, on the other hand, likely can be regulated federally, should the Congress ever specifically pass legislation authorizing the FCC to do so. This is because 1) the networks in use involve physical links across numerous states, and 2) a core function of using the internet is to make digital and physical purchases - which generally involve interstate commerce.

The NN regulations that were recently struck down were due to a 2024 SCOTUS ruling striking down the "Chevron deference doctrine" - meaning courts can no longer just side with the government arguing that a federal regulation is legit, if the underlying law authorizing the regulation is too ambiguous. Laws now must be unambiguous or any regulatory authority they grant to the Executive could be nullified by the courts if the regulations seem unreasonable to the jurists.

Edit to add: If you guys are going to downvote this, I'd love for you to at least respond and tell me why you disagree so we can have a healthy discussion.
I am in agreement. The FCC has always been more interested in enriching Wall St corporations than in ensuring the needs of the citizens are met. That should not be surprising considering that every single commissioner on the FCC was nominated by an ISP sponsored President, and confirmed by an ISP sponsored congress.

"today's extremely competitive communications market"... that cracked me up. Satellite is the only option for internet service where I live; despite AT&T being paid by the FCC in 2016 to provide service to my address. The money was spent, and service was never provided due to there being no requirement that funding recipients must use the money to actually provide service. In the next 5-10 years, AT&T will be paid once again to offer service in my area.

In terms of broadband coverage and pricing, the FCC has always been on the side of Wall St.
 
Upvote
-1 (2 / -3)

rr6013

Ars Scholae Palatinae
691
NYC is a nightmare of infrastructures from fibre optic for WallSt, cable everywhere and old copper telecomms from terrestial dialup to T-1 services – all of it outdated. Just ask N.J. who swooped-in to provide better faster optical comms for WallSt.
Not only are those architectures brittle, they’re under concrete; manhole accessible- jackhammer where not. This in a city that can’t bear road construction in any of its five boroughs. Talk about cheap - NYC doesn’t have a chance of supporting $20/mo internet.
It matters not whether Manhattan, Queens, Bronx, etc… the problems differ but the costs will not be recouped at $20/mo.
Layer overtop initial service the Nat’l Security services telecom must accommodate - few know – much less understand — NYC is an online jungle.
FED needs to subsidize NY POPs if they want not to expect their independent telecoms to not go broke - as has the FED
 
Upvote
-13 (1 / -14)

jezra

Ars Tribunus Militum
2,154
NYC is a nightmare of infrastructures from fibre optic for WallSt, cable everywhere and old copper telecomms from terrestial dialup to T-1 services – all of it outdated. Just ask N.J. who swooped-in to provide better faster optical comms for WallSt.
Not only are those architectures brittle, they’re under concrete; manhole accessible- jackhammer where not. This in a city that can’t bear road construction in any of its five boroughs. Talk about cheap - NYC doesn’t have a chance of supporting $20/mo internet.
It matters not whether Manhattan, Queens, Bronx, etc… the problems differ but the costs will not be recouped at $20/mo.
Layer overtop initial service the Nat’l Security services telecom must accommodate - few know – much less understand — NYC is an online jungle.
FED needs to subsidize NY POPs if they want not to expect their independent telecoms to not go broke - as has the FED
how many people in New York City qualify for the Statewide low-income broadband pricing? The low percentage of residents that qualify will get affordable service, and the ISPs can simply continue to gouge everyone else and keep shareholder profits high.
 
Upvote
8 (8 / 0)

10Nov1775

Ars Scholae Palatinae
911

Because of lobbying, well mostly anyways. Chattanooga, TN did the municipal broadband thing through its city owned power company, one of the largest around, and got immediately lobbied to death the second they tried to go outside their electrical coverage. Admittedly, Chattanooga is actually a mildly purple spot in a sea of crimson red and IIRC the only reason it got approved at all was through grant money for smart metering, legally the ISP was just using the extra fiber capacity. Basically, whenever there's a chance that a major municipality might try it, there's a full court press of lawyers and lobbyists to make sure it dies in a sea of paperwork.
Chattanooga was actually a neat place, I lived there for awhile.

They have a free electric shuttle, free bike repair stations, and they pay artists to come live in Chattanooga and make public art. I believe they were working on an EV charging network when I left, way ahead of the rest of the U.S.

And I was there when EPB fiber started—$60/mo for unlimited gigabit fiber was actually incredible. They were a pretty good electric company, too.

Chatt's purplish largely due to the confluence of colleges and universities, proximity of multiple big metros (Atlanta is 1.5 hours away, Nashville 2 hours), and the influence of big white collar employers, I think— TVA, for instance, among others.

(The Tennessee Valley Authority is another fascinating element of the culture melange there. It's a federal government chartered corporation, run strictly private, taking no federal funds for operations, mandated to fund itself through profit, while also being required to meet all the federal regulations normally required of government jobs. You'd think it wouldn't be possible to do so, but I suppose in a natural monopoly, when well run, it is.)

Another of the fascinating elements is that a lot of the youthful progressivism is religiously tinged—Chattanooga has a lot of relatively "left-leaning" churches, likely due to nearby religious liberal arts colleges, and by "left-leaning" I mean, conservative Christian churches that nonetheless seem to take seriously all the bits of the Bible that Christians who are Republicans first seem to leave out. It's like a small evangelical version of stuff like the Catholic workers/labor movements from the mid 20th century.

Neat place, like I said.
 
Upvote
9 (10 / -1)

MSBit

Smack-Fu Master, in training
90
Subscriptor++
"They urged the Supreme Court to strike down New York's law, saying that "other States are likely to copy New York once the Attorney General begins enforcing the ABA [Affordable Broadband Act] and New York consumers can buy broadband at below-market rates."

So, dear ISPs, by your own argument, if your want the same rules everywhere, just lobby all other states to speed up copying New York and hey presto!
 
Upvote
11 (11 / 0)

JBanister

Ars Scholae Palatinae
652
Subscriptor
I hope the states that want to regulate ISPs more closely and especially those who have won legal challenges make a wiki. Not just the wording of which laws passed and what cases to cite in federal courts, but also what arguments the ISPs make, and what counter arguments are successful. Also, details on additional (to original intention) benefits achieved by specific laws that are in place, and what end runs around these laws have been successful. While each state's constitution is different, the behavior being regulated and the desired outcomes are likely quite similar. Particularly since the overturn of Chevron, interstate cooperation among legislators and attorneys could be really helpful in creating legislation that is inherently better suited to surviving the inevitable lawsuits from companies that this legislation prevents form obtaining money by means of fucking up the lives of the citizens.
 
Upvote
3 (3 / 0)

10Nov1775

Ars Scholae Palatinae
911
I downvoted for whinging about downvotes. You've been here long enough to know the board's culture.
The other poster said nothing objectionable; they just gave the opinion that, given court precedents and the design of the American system, this was always likely to happen.

Why should they HAVE to moralize over that, and cross themselves three times, and whinge about how they hate that? What is wrong with just giving a non-impassioned, non-moralizing response, regardless of how you actually feel about it?

I'm perfectly fine with people whinging about downvotes. Reddit style mechanics are a lazy way to mod, and all they do is create vicious echo chambers of monoculture.

Allowing the least engaged people to half-read something and bury it is a fucking horrible idea if you care about actual conversations and culture.

Look what we get from it: people sneering at honest pleas for conversation over completely neutral content.

Ars has virtually always been left leaning or leftist, but it didn't used to be against rational discussion. And I know that, because of I've been here since it was a damn glorified link aggregator, before it actually did original journalism. My current account alone is 14 years old, and it isn't my first one.
 
Last edited:
Upvote
-11 (5 / -16)

Ekklesia

Smack-Fu Master, in training
38
I live in NYC and get $50/mo gigabit from a small company called Honest. No haggle, all online, the person who came to initiate the service arrived on time and was done in 5 minutes. It was refreshing after spending 2 hours trying to cancel my verizon fios at my previous house. It is amazing what happens when ISPs have competition.
Competition is key. They can do way better.
 
Upvote
3 (3 / 0)

DarthSlack

Ars Legatus Legionis
23,560
Subscriptor++
While I guess 100 mbps is good for future-proofing, I would keep the minimum speed at 48 mbps and update it as needs change in the future. I am sure the ISPs could provide that at low cost for low income users if the law requires it.


Wut? The speed provided to users has almost nothing to do with the cost. If the ISP is building for gigabit speeds and is doing the right capacity planning, their infrastructure costs are fixed regardless of what they're providing to the consumer. It's why speed based pricing, along with data caps, are almost complete bullshit that's only there to line the ISPs pocket.
 
Upvote
7 (7 / 0)
D

Deleted member 1081629

Guest
more power to the states for states choice, except when the states actually get to choose....

To bad the fasc will go to their grave before they admit regulations are a good thing. Though I'm happy to watch them go there, the sooner the better!
They're all about regulations - for people.
 
Upvote
0 (0 / 0)

Anonymous_Coward

Smack-Fu Master, in training
76
A different price analysis by the Technology Policy Institute, an independent think tank, is based on government data and said that "from 2016 to 2022, average household spending on Internet services increased from about $54 per month to approximately $74. The increase could reflect changing preferences as people move to higher, more expensive tiers or price increases that we cannot observe in advertised plans."
I mean, in the last few years, our plan has gone from 300Mbps to 1000Mbps with no changes on my part, they just keep upgrading and dropping plans forcing us up, which in turn raises our rates. So, yeah, I'd agree that prices are going up, not down.
 
Upvote
0 (0 / 0)
you give them too much credit. Project 2025 people think ANY law or regulation is bad because its a "Regulation".
That's not accurate. There are many new (and reintroduced old) laws project 2025 calls for. to use one concrete example: P20205 wants to revive a 19th century law, the Comstock Act, to ban any abortion medications and materials preventing materials from being sent through the U.S. Postal Service.

Much of what they want to do they don't do through laws but through executive power... and much of what they want to do is remove constitutional rights (citizenship, press, etc).
 
Upvote
2 (2 / 0)