ISPs Might Not Seek Rehearing of 2nd Circuit Decision on Affordable Broadband Act
ISP groups and New York state might soon reach agreement and avoid an appeal of the 2nd U.S. Circuit Court of Appeals' decision to uphold New York state’s Affordable Broadband Act (case 21-1975). The 2nd Circuit previously granted an extension…
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to file for rehearing or rehearing en banc until Friday (see 2405010005). In an unopposed motion on Wednesday, the industry groups asked for a two-week extension until June 7. The plaintiffs and state “are discussing and anticipate reaching within the next two weeks an agreed-to stipulation regarding the New York law at issue … that would obviate the need for Plaintiffs-Appellees to file a rehearing petition before this Court,” the ISP groups wrote. “Following diligent and repeated discussions, the parties reached tentative agreement on the outline of this agreed-to stipulation -- by which Plaintiffs-Appellees would agree to forgo filing a petition for rehearing or rehearing en banc in exchange for certain agreements from Defendant-Appellant.” The plaintiffs said the “parties expect to reach final agreement as to that agreed-to stipulation before June 7, 2024, but not before” this Friday when the rehearing petition is currently due.