Blog Layout

States Do Not Have the Authority to Regulate Interstate Communications Services, CCA Argues

March 3, 2022

Yesterday, Competitive Carriers Association (“CCA”) filed an Amicus Curiae Brief in the U.S. Court of Appeals for the Second Circuit in New York State Telecommunications Association, Inc. et al. v. James urging the Court to uphold the lower court’s permanent injunction barring enforcement of New York State’s Affordable Broadband Act (“ABA”). In support of several broadband coalitions, CCA argued that provisions of the ABA constitute direct rate regulation of interstate services, a power delegated exclusively to the Federal Communications Commission (“FCC” or “Commission”). As the Commission, Congress, and the courts have long deemed broadband internet access an inherently interstate service, allowing the ABA to take effect would preempt the Commission’s authority to regulate interstate communications services. This law and similar future laws across the country would impose inconsistent or burdensome rate regulations on providers and would be particularly detrimental to smaller, rural carriers.

In a statement, CCA President & CEO Steven K. Berry said, “Allowing New York and individual states to enforce interstate regulations and create a patchwork of 50 different requirements for nationwide communications networks would be disastrous and could have detrimental impacts on competitive carriers. A smaller carrier could end up having to offer different services in different states – which would increase their technical and compliance costs and impair their ability to provide cost-effective service to millions of customers. Competitive carriers, especially smaller carriers with limited resources, should not have to face such inconsistent and burdensome regulations.”

“What’s more, regulations for interstate communications services fall into the exclusive domain of the FCC – not New York nor individual states. States should not be permitted to utilize rate regulation to achieve their goals; the results could negatively impact the businesses that service their communities, and more importantly, the consumers that rely on critical broadband services. The FCC is, and should remain, the expert authority on interstate communications services, and CCA urges the Court to uphold the permanent injunction against enforcement of the ABA.”

About CCA

CCA is the nation’s leading association for competitive wireless providers and stakeholders across the United States. Members range from small, rural carriers serving fewer than 5,000 customers to regional and nationwide providers serving millions of customers, as well as vendors and suppliers that provide products and services throughout the wireless communications ecosystem. Visit www.ccamobile.org.

# # #

< Older Post

Newer Post >

rural. regional. nationwide.

Competitive Carriers Association | Privacy Policy | Contact CCA

800.722.1872

601 New Jersey Ave NW, Suite 820

Washington, DC 20001

CCA Event Website

Latest Press Releases

CCA Members Advocate for Key Policy Priorities at Capitol Hill Day

February 12, 2025

Washington, D.C. – Competitive Carriers Association (CCA) members from across the country convened in Washington, D.C. on February 12 for an annual advocacy fly-in event. CCA’s Capitol Hill Day serves as an opportunity for rural, regional, and nationwide wireless and communications industry leaders to unite and advocate for policies that will strengthen competition, promote innovation, and improve connectivity for the benefit of all consumers. CCA was pleased to welcome Vice Chair of the House Energy and Commerce Committee, Congressman John Joyce (R-PA), as keynote speaker. CCA members met directly with lawmakers and key Congressional staff to discuss how Congress can support competitive carriers in the 119 th Congress. CCA members stressed the critical importance of preserving the Universal Service Fund (USF) for expanding and maintaining networks to serve high-cost areas, and for reliable 5G coverage data mapping that accurately reflects consumers’ mobile experiences. Members also urged Congress to prioritize spectrum access in rural America by reinstating the FCC’s auction authority and developing a long-term spectrum strategy including identifying underutilized bands for commercial use and optimizing the efficiency of existing spectrum resources. Members also highlighted the need for infrastructure reform to overcome deployment barriers, advocating for streamlined federal permitting and siting policies, clear federal guidance on network security while ensuring compliance burdens are manageable for smaller carriers, and tax policies that encourage investment in connectivity, including R&D tax credits and tax exemptions for broadband funding programs and spectrum licenses. “CCA is an extremely effective advocacy organization and represents our members’ collective voices in performing the important work of deploying our nation’s critical communications networks,” said Maureen McCabe Moore, SVP and Chief Customer Experience Officer, GCI Communications Corp., and Chair of the Board, CCA. “We seek to shape policies that promote fairness, drive innovation, and ensure that every American has access to cutting-edge connectivity.” Tim Donovan, CCA’s President and CEO, added, “Our advocacy efforts are only possible because of the dedication and engagement of our members, who work tirelessly to expand connectivity across the country. Together, we are ensuring that all Americans, regardless of location, can stay connected in today’s digital world.” For more information about CCA and its policy priorities, please visit ccamobile.org . ### About Competitive Carriers Association Competitive Carriers Association (CCA) is the leading association for competitive communications service providers and stakeholders across the United States. Members range from small, rural carriers serving fewer than 5,000 customers to regional and nationwide providers serving millions, as well as vendors and suppliers delivering products and services throughout the communications ecosystem.

Statement by CCA President & CEO Tim Donovan on Senator Ted Cruz as Chair of Senate Committee on Commerce, Science, and Transportation

January 8, 2025

Washington, D.C. – Competitive Carriers Association President and CEO Tim Donovan made the following statement: “CCA congratulates Senator Ted Cruz (R-TX) on being named Chairman of the Senate Committee on Commerce, Science, and Transportation. Senator Cruz has been dedicated to fostering growth, innovation, and U.S. leadership in the telecommunications marketplace, including in rural America. We look forward to continued collaboration with him and the entire Commerce Committee to preserve and expand connectivity nationwide for all Americans.” For more information about CCA and its policy priorities, please visit ccamobile.org . ### About Competitive Carriers Association Competitive Carriers Association (CCA) is the leading association for competitive communications service providers and stakeholders across the United States. Members range from small, rural carriers serving fewer than 5,000 customers to regional and nationwide providers serving millions, as well as vendors and suppliers delivering products and services throughout the communications ecosystem.