*In partnership with Broadband Breakfast, the following story by Broadband Breakfast Reporter Jake Neenan was originally published here.

The broadband industry keeps trying to get the Supreme Court to help them, and the Supreme Court keeps saying no.

The high court said again Monday that it will not hear the industry’s challenge to a New York law capping broadband prices for low-income customers. The denial Monday...keep(s) the door open for other states considering similar laws.

State legislators in at least California and Massachusetts are already considering similar laws.

ISPs had told justices they feared states doing so, writing that if the law were upheld “many state legislators and bureaucrats would surely then follow New York’s lead.”

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New York’s Affordable Broadband Act requires monthly prices of no more than $20 for households participating in programs like SNAP and Medicaid. ISPs with less than 20,000 subscribers were tentatively exempted, but large ISPs now bound by the law cover 95 percent of the state’s homes and businesses.

Charter and Altice already offered compliant plans per agreements with the state, and Verizon had a similar affordable plan with more stringent eligibility requirements. The law went into effect Jan. 15.

*In partnership with Broadband Breakfast, we occasionally republish each other's content. The following story by Broadband Breakfast Reporter Blake Ledbetter was originally published here.

A New England ISP trade group is pushing back against a Massachusetts bill that seeks to cap broadband rates for low-income households.

The Massachusetts bill mandates that all state-based ISPs create and promote an affordable broadband plan or risk a civil penalty of up to $1,000 per violation.

The requirement would apply to wireline, fixed wireless, and satellite providers, both private and public. If passed, the bill would require ISPs to offer a 100 Mbps download speed plan for $15 a month “inclusive of any recurring taxes and fees.”

“NECTA is concerned on any state effort to establish rate regulation over broadband products and service,” said Anna Lucey, spokeswoman for the New England Connectivity and Telecommunications Association, a group which includes Comcast and Charter.

She said NECTA members already offer low-income broadband programs that include significantly reduced rates for qualifying households in the state.

“The rate regulation proposed in this bill is not only unnecessary but would be counterproductive—introducing significant inefficiencies, imposing substantial additional compliance costs and uncertainty for ISPs, and ultimately distracting from the shared goal of connecting as many Massachusetts residents as possible to robust and affordable broadband services,” she added.

The bill, sponsored by Sen. Pavel Payano (D) and Rep. Rita Mendes (D), could also run into trouble with the Federal Communications Commission if Chairman Brendan Carr intends to restrict states that interfere with the agency’s light-touch approach to broadband regulation.

The bill was offered as a response to the end of the federal Affordable Connectivity Program (ACP) in May 2024, which served 368,000 families in the state.

*The Massachusetts law mirrors a similar bill now in effect in New York.

With New York’s Affordable Broadband Act (ABA) now in effect, lawmakers in other states are filing similar legislation that requires large Internet Service Providers to offer low-cost plans for financially-strapped households in their respective states.

In Massachusetts, State Sen. Pavel Payano filed a bill earlier this month similar to New York’s law that seeks to establish a $15/month plan for low-income households in the Bay State.

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Then, earlier this week, California Assemblymember Tasha Boerner introduced Assembly Bill 353 that would mandate ISPs “make affordable home Internet plans available to California residents,” Boerner’s office said in a press release.

“Right now, families are struggling to afford essential services, like the Internet,” Boerner said in a press statement.

Speaking to why passing an affordable broadband law was important, Boerner put it in plain terms, noting that “households in our state don’t have support to pay for a basic home Internet service plan. We are talking about kids not being able to do homework at home, parents having to go to libraries to apply for jobs, and people not having access to do basic things, like telehealth.”

Now that the lengthy legal beef has been settled and New York’s Affordable Broadband Act (ABA) is set to take effect this month, it marks a potentially pivotal moment in a national effort to address one of the biggest barriers to broadband adoption: 

Affordability.

The first-in-the-nation law requiring large Internet Service Providers (ISPs) operating in New York to offer a $15/month plan for qualifying low-income households stands to benefit the approximately 1.7 million New Yorkers who had been enrolled in the federal Affordable Connectivity Program (ACP) Congress allowed to expire last spring.

With a new administration entering the White House – supported by GOP Congressional leaders who blocked previous ACP renewal efforts – the newly enacted ABA “paints a path that other states will look at,” as New Street Research analyst Blair Levin recently noted.

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“In a world where the federal government is subsidizing low-income households for $30 a month, states did not need to take action to address low-income broadband affordability,” Levin added. But now, without the ACP benefit, “states may try to assist low-income households to keep them connected.”

Though Northampton, Massachusetts residents still broadly support the construction of a city-owned municipal fiber broadband network, city officials are celebrating the arrival of Gateway Fiber, which will soon be delivering a more affordable fiber option, and more broadband competition, to the traditionally underserved city.

Gateway Fiber recently unveiled plans to deliver multi-gigabit speeds to large swaths of the city. The company, which will finance the entirety of the build, says it’s already invested $3 million in the project so far.

It’s a welcome arrival for a city that’s been frustrated by substandard service provided by regional telecom monopolies, and flirting with the idea of its own municipal broadband network for the better part of the last decade. Some of the city’s efforts on this front have made it easier for providers like Gateway to serve the city of 29,000.

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“While we don’t have a final cost estimate for the project, it will be a multi-million-dollar investment that will benefit both residents and small businesses in the Northampton area,” Gateway Fiber representative David Workman tells ILSR. “The project is 100 percent funded by Gateway Fiber, and we are also exploring grant opportunities that can be used to address digital equity.”

Communities looking to leverage American Rescue Plan Act (ARPA) funding for broadband or other local infrastructure need to act soon or risk losing access to a once-in-a-generation funding resource.

Most ARPA recipients seem well aware of the deadline, but data suggests more than a few communities could drop the ball.

As part of the 2021 American Rescue Plan Act (ARPA), $25 billion was specifically earmarked for broadband expansion.

But the law also created the State and Local Fiscal Recovery Funds (SLFRF) program, which doled out $350 billion for states, municipalities, and tribal governments to offset pandemic losses or flexibly invest in local infrastructure.

State broadband officials in Massachusetts have announced over $45 million in grant awards from the state’s Broadband Infrastructure Gap Networks Program with the lion’s share going to Verizon to “expand high-speed broadband [I]nternet infrastructure to underserved homes, business, and community anchor institutions across the state.”

State broadband officials say the $45.4 million in grant awards will be coupled with $40 million in matching funds from the awardees to expand broadband access to approximately 2,000 locations in 41 Massachusetts communities.

In 2022, as we previously reported here, Massachusetts was allocated a total of $145 million in federal Rescue Plan dollars to fund the Bay State program. With the state’s first round of funding from the Gap Networks Program awarding $45 million to four applicants, about $100 million is left in the pot for future funding rounds. Massachusetts has yet to receive its $147 million share of federal BEAD funds from the bipartisan infrastructure law, the spending rules for which are much more stringent than the more flexible CPF funding rules.