Groups Lobby FCC Staff on Digital Discrimination Draft

Consumer and Governmental Affairs Bureau, the National Digital Inclusion Alliance sought clarification on how the FCC will address "present conditions" if retroactive liability won't apply to any final rules. NDIA also urged the adoption of a formal complaint process "to ensure consistency in how the commission handles digital discrimination complaints, regardless of staff or leadership changes." Verizon raised concerns in separate meetings with Wireline Bureau staff and an aide to Commissioner Nathan Simington about the "expansive list" of factors in the definition of "other quality of service metrics" in the draft order. The FCC should "include language in the order stating that neither the scope of the order nor any of its other provisions or rules is intended to limit a provider’s ability to improve its customers’ experience," Verizon said. NCTA warned in separate meetings with a Simington aide and an aide to Chairwoman Jessica Rosenworcel that the lists of covered entities and services "will make the draft order unworkable in practice." ACA Connects said in a letter that the draft order would "chill investment and innovation" if adopted in its current form. It asked the FCC to clarify that it will assess providers' technical and economic feasibility based on their "industry-standard, multi-year upgrade and build cycles." NTCA raised similar concerns, saying "disparate outcomes may emerge from technological and economic considerations." The Wireless ISP Association raised concerns about the use of "subjective terms" in the draft's definitions, saying the draft is "impermissibly broad." WISPA urged the FCC to "reverse course" by limiting provider's obligations to its own "similar circumstances" and "prior success" to prove technical or economic infeasibility rather than requiring it to obtain information from other covered entities.