Industry hints at possible legal challenges to Federal Communications Commission's digital discrimination rules

The Federal Communications Commission (FCC) is scheduled to vote Nov 15 on an order on preventing digital discrimination, but a new round of industry filings, plus commentary from FCC Commissioner Brendan Carr, suggests there may be legal challenges ahead to the new rules. According to filings with the FCC, industry groups and service providers are taking issue with the agency’s definition of digital discrimination, along with other aspects of the draft order. And the language of their filings suggests potential legal challenges ahead if the FCC votes on the current draft order without changes. Blair Levin, who formerly served at the FCC, told broadband providers "don't lose sleep" over the rules, saying it is "even more benign than we had anticipated." Specifically, said Levin: "It refrains from making any accusations against any company and declines to consider any historic acts by ISPs as in violation of the digital discrimination rules. It also sets up an internal FCC process that will reduce public knowledge about allegations."