Reactions to the FCC's Steps to Combat Digital Discrimination

"Today we move forward with a Notice of Proposed Rulemaking," said Federal Communications Commission Chairwoman Jessica Rosenworcel. "This document builds on our earlier efforts. That means we now seek more targeted comment on how to define digital discrimination. We also propose reforms to our consumer complaint system to create a dedicated pathway for digital discrimination complaints. And we propose to adopt the model policies and best practices for states and localities that our Communications Equity and Diversity Council recently adopted. Getting to final rules next year will require more engagement, more collaboration, and more work. The input we have received thus far from stakeholders is an awfully good start. But to get this right, we still need more input and ideas because we can’t reach our goal of connecting everyone, everywhere unless we eliminate digital discrimination. So let’s get to it."

"Much of what we do here at the FCC will last years, decades even," said Federal Communication Commissioner Geoffrey Starks. "But some of what we do will impact generations of Americans. This is such a proceeding. Eradicating digital discrimination is not just a promise for today—it’s also a guarantee for a more just and equitable future tomorrow. That’s why I’m thrilled to see us work together in support of this important goal. With this Notice of Proposed Rulemaking, we move one step closer to completing not only our statutory obligation—but our moral obligation—to facilitate equal access to broadband and prevent digital discrimination. [P]rogress is important. Past claims that there was no business case to deploy services in certain communities are just that—stuck in the past—thanks to the Affordable Connectivity Program and the proven evidence that consumers will sign up for broadband if you make a quality service available and put in the effort to reach them. I look forward to the digital future we all deserve: the one where no community struggles to find basic connectivity while others pass them by with constant service upgrades.”

“We applaud the FCC’s effort to meet the congressionally mandated deadline to create rules preventing and eliminating digital discrimination, although we’ll still need to fill the fifth Commissioner seat to achieve this goal," said Jenna Leventoff, Senior Policy Counsel at Public Knowledge. "The Commission’s forthcoming rules around digital discrimination, if implemented correctly, could prove one of the most effective mechanisms available to ensure that everyone has access to affordable, reliable internet service. In order to fulfill its congressional intent to end the disproportionate impact of the digital divide on low-income and marginalized communities, we hope that the Commission’s forthcoming rules will hold broadband providers liable for acts that lead to a discriminatory impact, whether. Moreover, we urge the Commission to take a holistic view of comparable service that reflects all components of the customer experience and to interpret its mandate to ‘take into account issues of technological and economic feasibility’ narrowly by adopting a rebuttable presumption that service is technically and economically feasible."

“There is no disagreement that there should be equal access to broadband for all the people of the United States and that digital discrimination should be prevented," says Free State Foundation President Randolph May and Director of Policy Studies Seth Cooper. "But it is unnecessary, and likely to be counterproductive to the achievement of that worthy objective, for the Commission to adopt a rule which allows discrimination to be proved based on a showing of unintentional 'disparate impact' rather than on a showing of intentional discrimination. And it is likely that a rule adopting a ‘disparate impact’ test wouldn’t survive a judicial challenge because the text and structure of the Infrastructure Act, along with relevant judicial precedents, require an intent-based definitional standard to prove digital discrimination.”