Sens. Cruz and Lee Lead Senate Republicans in Challenging FCC’s Unlawful ‘Digital Equity’ Rules

Sens Ted Cruz (R-TX) and Mike Lee (R-UT) led a group of 19 senators in introducing a Congressional Review Act (CRA) joint resolution of disapproval to nullify the Federal Communications Commission’s (FCC) so-called “Digital Discrimination” order. The order, which the FCC voted to finalize in November, gives the federal government control over nearly every aspect of the broadband industry while exposing companies to expansive, indeterminate, and crippling liability under a “disparate impact” standard. The FCC’s order, which ignores the plain language of the Infrastructure Investment and Jobs Act, will harm broadband investment and undermine the goal of promoting high-speed internet access for all Americans. Under the FCC’s new order, nearly every aspect of the internet—including a broadband provider’s deployment decisions, network reliability, network maintenance, equipment, pricing, promotional discounts, customer service, language options, credit checks, marketing and advertising, and more—will be subject to potential FCC enforcement actions, including multi-million-dollar forfeitures and injunctive orders, under a disparate impact standard.