In an unprecedented move aimed at preventing ‘digital discrimination’, the Federal Communications Commission (FCC) has adopted new rules to limit and eradicate discrimination of access to broadband services. This focuses on elements including race, income, religion or national origin, according to a report by Jurist.
The newly instituted rules give the FCC authority to regulate discriminatory policies and practices enacted by companies. This not only protects consumers individually but also empowers the FCC to take decisive action against companies, imposing fines and injunctions where necessary. The FCC has clarified that the intent of these rules is not centered on scrutinizing the mindset of industry participants when making decisions that affect broadband access, but rather to address business practices and policies that impede equal access to broadband without adequate justification.
FCC Chairwoman Jessica Rosenworcel highlighted that these new rules are an outcome of the Bipartisan Infrastructure Law, which was passed in 2021. The Congress directed the FCC under this law to “adopt rules to facilitate equal access to broadband internet access service.” She lauded the rules for their potential in ensuring equal access and for adhering to the request of the Congress.
However, not all members of the FCC view the new rules positively. FCC Commissioner Nathan Simington issued a dissenting view, criticizing the new rules for allegedly spreading beyond the authority granted by the Congress. Simington specifically argued that the FCC was not provided the authority to issue fines, injunctions, or forfeitures by the Congress.
As the discourse on the digital divide continues to evolve, these new rules mark a substantial shift in policy and corporate responsibility. It will be important to stay tuned to see how these rules are applied and what impact they may have on the larger broadband industry and their consumers.