Experts Raise Questions About FCC Digital Discrimination Rulemaking Details
Broadband experts debated how the FCC should proceed in adopting its final rules on combating digital discrimination. Some at a Friday Federalist Society webinar raised concerns about how the commission may define discrimination and its authority on the issue. The…
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Infrastructure Investment and Jobs Act mandated the agency adopt final rules by Nov. 15. The proceeding "is one of the most important items on the FCC's plate," said Free State Foundation President Randolph May. The "key problem" with the rulemaking is that it "exceeds the statutory authority" by imposing a disparate impact on ISPs, said FSF Policy Studies Director Seth Cooper. The current record before the FCC doesn't suggest providers are actively engaging in discrimination, Cooper said, and the agency should instead focus on prohibiting "intentional discrimination of access." Public Knowledge Senior Vice President Harold Feld noted Congress "did make explicit findings with regard to lack of access" for communities of color and low-income areas when it directed the commission to establish rules to combat digital discrimination. "The FCC has an obligation to step in where the market will fail," Feld said, saying "every provider has a responsibility." Questions remain on what the FCC's authority is and whether there's a possibility for overreach once final rules are issued, said Clint Odom, T-Mobile vice president-strategic alliances and external affairs, noting the Enforcement Bureau "can wield a lot of power" due to this rulemaking.