On April 26, 2024, a divided panel of the Second Circuit held that federal law does not preempt New York’s ratemaking for broadband providers. The decision was a setback for WLF, which had joined TechFreedom on an amicus brief urging affirmance of the district court’s holding that the FCC’s  2018 order excludes broadband from rate regulation and other forms of common-carrier regulation.


WLF amicus brief