The FCC’s New Racial Broadband Rule

The Federal Communication Commission’s new Democratic majority is up and running and firing in all directions. The FCC plans to vote on a proposed “digital discrimination” rule. In the name of equity, Democratic Commissioners will make internet service worse. The agency will hold broadband providers liable for actions or “omissions” that result in a disparate impact on an identity group. That means providers could be dunned if regulators or third-party groups (read: progressive lobbies) identify statistical disparities in a long list of “covered service elements” even if they don’t intentionally discriminate. The rule would give the FCC power to micromanage the industry. Twenty-eight Senate Republicans on Friday sent a letter to Chair Jessica Rosenworcel explaining that the Supreme Court has consistently held that the infrastructure law’s phrasing of “based on” indicates legislative intent to condition liability on a showing of disparate treatment, not disparate impact. That’s true, but Senate Republicans are playing catchup because they let the identity language into the infrastructure bill. Industry made a Faustian bargain by supporting the bill because it included some $65 billion in subsidies for broadband. The FCC is now seeking Faust’s payment.