this post was submitted on 28 Apr 2024
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Trade groups claimed the state law is preempted by former Federal Communications Commission Chairman Ajit Pai's repeal of net neutrality rules. Pai's repeal placed ISPs under the more forgiving Title I regulatory framework instead of the common-carrier framework in Title II of the Communications Act. 2nd Circuit judges did not find this argument convincing:

Second, the ABA is not conflict-preempted by the Federal Communications Commission's 2018 order classifying broadband as an information service. That order stripped the agency of its authority to regulate the rates charged for broadband Internet, and a federal agency cannot exclude states from regulating in an area where the agency itself lacks regulatory authority. Accordingly, we REVERSE the judgment of the district court and VACATE the permanent injunction.

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[–] Buffalox@lemmy.world 16 points 4 months ago (1 children)

Is there a quality requirement? Because without that it's a pretty useless law.

[–] Cheems@lemmy.world 34 points 4 months ago (1 children)

"So what is broadband? According to the FCC, the definition of broadband internet is a minimum of 25 Mbps download and 3 Mbps upload speeds. Broadband provides high speed internet access via multiple types of technologies including fiber optics, wireless, cable, DSL and satellite."

[–] Buffalox@lemmy.world 12 points 4 months ago* (last edited 4 months ago) (1 children)

OK thanks, as a bottom level cheap option, that's not too bad. It's not great, but it should be enough for essential tasks.
I'm assuming it's unlimited traffic without throttling. Because otherwise it wouldn't really be broadband 24/7 as I expect is required.
Otherwise it's still useless.

[–] Cheems@lemmy.world 11 points 4 months ago (2 children)

While looking for that I also found something saying the FCC wants to raise the requirements of it it 100 but the last vote didn't go through

[–] Buffalox@lemmy.world 3 points 4 months ago (1 children)

Wow, that would be pretty great, unless there's a data cap, which makes it useless.

[–] AProfessional@lemmy.world 10 points 4 months ago (1 children)

Caps are allowed but the FCC has shown interest in regulating it. Maybe some decade.

[–] Buffalox@lemmy.world 6 points 4 months ago

With caps it's completely worthless. It's not broadband if it's throttled below it.

[–] sugar_in_your_tea@sh.itjust.works -1 points 4 months ago

I think 100 is unreasonable, especially if it's a minimum agreed level of service. Peak usage would absolutely suffer and be hard to maintain at that level.

I think the should raise it to 25/10 though. 3mbps up sucks for things like video calls. 5 is probably enough, but 3 is just too low.

I personally have 50/25 ($55/month total), and it's plenty fast for everything I've needed. I plan to upgrade soon when I get on my city's new fiber network, but I'm unwilling to pay for anything much faster right now.