Supplemental Brief — New York State Telecommunications Association, Inc., et al., Petitioners v. Letitia James, Attorney General of New York

No. 24-161

IN THE

Supreme Court of the United States

__________

NEW YORK STATE TELECOMMUNICATIONS

ASSOCIATION, INC., ET AL.,

Petitioners,

v.

LETITIA A. JAMES, IN HER OFFICIAL CAPACITY AS

ATTORNEY GENERAL OF NEW YORK,

Respondent.

__________

On Petition for a Writ of Certiorari

to the United States Court of Appeals

for the Second Circuit

__________

SUPPLEMENTAL BRIEF FOR PETITIONERS

__________

JEFFREY A. LAMKEN

MOLOLAMKEN LLP

The Watergate, Suite 500

600 New Hampshire Avenue,

N.W.

Washington, D.C. 20037

(202) 556-2000

Counsel for Petitioner

ACA Connects – America’s

Communications Association

January 17, 2025

SCOTT H. ANGSTREICH

Counsel of Record

ALEX A. PARKINSON

ABIGAIL E. DEHART

DAREN G. ZHANG

KELLOGG, HANSEN, TODD,

FIGEL & FREDERICK, P.L.L.C.

1615 M Street, N.W., Suite 400

Washington, D.C. 20036

(202) 326-7900

(sangstreich@kellogghansen.com)

Counsel for Petitioners

New York State Telecommunications Association, Inc., CTIA –

The Wireless Association,

NTCA – The Rural Broadband

Association, and USTelecom –

The Broadband Association

(Additional Counsel Listed On Inside Cover)

JARED P. MARX

HWG, LLP

1919 M Street, N.W.

8th Floor

Washington, D.C. 20036

(202) 730-1328

Counsel for Petitioner

Satellite Broadcasting and

Communications Association

RULE 29.6 STATEMENTS

Petitioners’ Statements pursuant to Rule 29.6 were

set forth at pages iii-iv of the petition for a writ of

certiorari, and there are no amendments to those

Statements.

On January 15, 2025, New York began enforcing its

broadband rate-regulation law for the first time since

New York enacted it in 2021.1 As we noted in our

petition for rehearing (at 5 n.7), that event created a

“serious risk that . . . some providers will cease offering broadband service in New York rather than sell at

a loss.” That risk has come to pass. AT&T has withdrawn its 5G fixed wireless home internet offering —

AT&T Internet Air — from New York because of the

rate-regulation law.2 AT&T had offered service in

Albany, Binghamton, Buffalo, Elmira, New York City,

Plattsburgh, Rochester, Syracuse, Utica, and Watertown.3 AT&T currently offers Internet Air in cities in

47 other States and in the District of Columbia,4 which

do not regulate broadband rates.

CONCLUSION

The petition for rehearing should be granted.

1 See Order Reopening Proceeding and Reinstating Temporary

Exemptions Subject to Conditions at 5-6, Affordable Broadband

Act, Case Nos. 24-M-0255 & 21-M-0290 (Jan. 9, 2025) (“Any ISP

operating in New York not subject to a temporary exemption

as described herein must be in compliance with the requirements

of GBL § 399-zzzzz by Wednesday, January 15, 2025, or be subject to a potential penalty action in accordance with the ABA.”),

https://on.ny.gov/3E7MSFD.

2 See Eli Blumenthal, AT&T Is Stopping Its 5G Internet Air

Service in NY Because of New Broadband Law, CNET (Jan. 15,

2025), https://cnet.co/4hiVI1S. AT&T also withdrew its 5G fixed

wireless business offering — AT&T Internet Air for Business —

from New York because of the law.

3

AT&T Internet Air Coverage Map (Dec. 23, 2024),

https://web.archive.org/web/20241223110831/https://about.att.com/

pages/internet-air.

4 AT&T Internet Air Coverage Map (Jan. 16, 2025),

https://about.att.com/pages/internet-air.

2

Respectfully submitted,

JEFFREY A. LAMKEN

MOLOLAMKEN LLP

The Watergate, Suite 500

600 New Hampshire Avenue,

N.W.

Washington, D.C. 20037

(202) 556-2000

SCOTT H. ANGSTREICH

Counsel of Record

ALEX A. PARKINSON

ABIGAIL E. DEHART

DAREN G. ZHANG

KELLOGG, HANSEN, TODD,

FIGEL & FREDERICK, P.L.L.C.

1615 M Street, N.W., Suite 400

Washington, D.C. 20036

Counsel for Petitioner

(202) 326-7900

ACA Connects – America’s

Communications Association (sangstreich@kellogghansen.com)

JARED P. MARX

HWG, LLP

1919 M Street, N.W.

8th Floor

Washington, D.C. 20036

(202) 730-1328

Counsel for Petitioner

Satellite Broadcasting and

Communications Association

January 17, 2025

Counsel for Petitioners

New York State Telecommunications Association, Inc., CTIA –

The Wireless Association,

NTCA – The Rural Broadband

Association, and USTelecom –

The Broadband Association