More Questions About Addressing Digital Discrimination

In one of the provisions of the massive Infrastructure Investment and Jobs Act (IIJA), Congress articulates the policy of the United State that 1) subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service, 2) "equal access" means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions; and 3) the Federal Communications Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service. Congress gave the FCC two years to adopt rules to facilitate equal access to broadband internet access service including 1) preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin and 2) identifying necessary steps to eliminate discrimination. In its new proceeding, the FCC is asking for input on five issues: I) Defining "Digital Discrimination of Access," II) Revising its Informal Consumer Complaint Process, III) Rules Prohibiting Digital Discrimination of Access, IV) State and Local Model Policies and Best Practices, and V) Additional Efforts to Promote Digital Equity and Inclusion. Public comments will be due at the FCC during the first quarter of 2023. By law, the FCC must adopt rules to facilitate equal access to broadband internet access service by November 15, 2023.