FCC’s Digital Discrimination Order is Chilling Industry, GOP Advisor Claims

A new regulatory framework to address digital discrimination has created a chilling effect felt across the broadband industry mainly because of its unclear enforcement, according to aides to Republican Federal Communications Commissioners. “Out of fear of running afoul of the rules, companies will certainly avoid otherwise planned investments,” said Erin Boone, chief of staff and wireless advisor for Republican FCC Commissioner Nathan Simington. Boone spoke about the policy at a Federalist Society event in Washington. The lightning rod of the discussion was the FCC's Digital Discrimination order, which permits the FCC to investigate companies for alleged broadband access discrimination “not justified by genuine issues of technical or economic feasibility.” Boone echoed Commissioner Simington’s dissenting opinion that the language in the digital discrimination order's compliance requirements was not specific enough for companies to confidently follow.