California’s Digital Equity Bill of Rights

In October 2023, Governor Gavin Newsom (D-CA) signed the Digital Equity Bill of Rights. This is an interesting law that guarantees that Californians have the right to, among other things:

• Broadband that is sufficient and reliable and that can support basic digital needs like distance learning, telehealth, and remote working.
• Ubiquitous broadband that is available everywhere in the State, including rural areas, tribal lands, and all low-income neighborhoods. The legislation requires public investments in broadband to connect entire communities and address digital redlining.
• Affordable rates with broadband plans work for all Californians, regardless of geographic location or household income.

The big question for sweeping legislation of this scope is how the law translates into practical changes. I can think of several immediate consequences. First, any broadband grants or subsidies created by the State must be aimed at furthering these goals. The chances are that grants probably already did this to some extent, but after the passage of this law, the intent of grants will have to be more focused and specific. More subtly, this legislation is a directive to the California Public Service Commission on how it should regulate broadband. Over time this will create some interesting regulatory battles as the CPUC tries to influence or force ISPs to adhere to these principles. This new legislation provides cover for the CPUC to consider creating regulations for a range of issues, such as prohibiting redlining, requiring affordable rates, mandating workable emergency alert systems, and the many other possible regulations that might be created under this new and broad umbrella. This law does not directly create any regulations, but it provides a framework for California regulators to tackle issues that they might have been cautious about tackling.