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Commission to Determine if ABA Minimum Broadband Download Speed Should Increase

ALBANY — The New York State Public Service Commission (Commission) today commenced a proceeding to determine whether the State’s minimum broadband download speed under the      Affordable Broadband Act (ABA) should be increased to the Federal Communications Commission’s (FCC) standards or to another higher minimum broadband download speed.

“Broadband is as vital a resource as running water and electricity to New York’s communities,” said Commission Chair Rory M. Christian. “Broadband plays a key role in fostering economic equity, supporting educational opportunities and promoting public health, especially as more essential services are moving online, like education and health care. The proceeding we are commencing today will help ensure broadband’s key role continues.”

Broadband download speed, measured in megabits per second (Mbps), determines how quickly data from the internet arrives at your device. A higher Mbps means faster downloads, smoother streaming, and quicker webpage loading; all of which are advancements that expand access to essential services, increase economic productivity and improve internet equity. Lower broadband services costs will boost adoption of internet services amongst rural and low- to moderate-income New Yorkers.

The ABA was enacted in April 2021, requiring that internet service providers (ISPs) offer income-eligible households broadband service with a download speed of at least 25 Mbps for $15 per month, inclusive of any taxes and fees. The ABA also states that if an ISP is offering service at 200 Mbps for $20 per month, it is also considered in compliance with the ABA. However, ISPs are not required to offer both plans. The law was enacted in 2021 then suspended as a result of litigation. The litigation was resolved in New York's favor, allowing the law to take effect on January 15, 2025. 

The ABA also requires that the Commission undertake regular proceedings to determine if the minimum broadband download speed should be increased to the FCC’s benchmark for broadband download speed, or to another higher minimum broadband download speed if the FCC has not increased its benchmark by such date.  In March 2024, the FCC increased the broadband speed benchmark from 25 Mbps download and 3 Mbps upload to 100 Mbps download and 20Mbps upload.

Today’s decision starts that process by directing the Secretary to the Commission to issue a notice inviting public comment within 30 days of the issuance of the order in this proceeding.

Today’s decision may be obtained by going to the Commission Documents section of the Commission’s Web site at www.dps.ny.gov and entering Case Number 25-M-0200 in the input box labeled "Search for Case/Matter Number". Many libraries offer free Internet access. Commission documents may also be obtained from the Commission’s Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500). If you have difficulty understanding English, please call us at 1-800-342-3377 for free language assistance services regarding this press release.