Brookings

The FCC’s clock is ticking on defining digital discrimination

In the Infrastructure Investment and Jobs Act, Congress tasked the Federal Communications Commission to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In the statute, the term “equal access” refers to “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.” In principle, Congress’s directive is straightforward and reasonable cons

The Supreme Court’s major questions doctrine and AI regulation

There is reason for optimism about the federal government stepping up to create a policy framework for artificial intelligence (AI) that will keep us safe while enabling innovations that will improve all our lives. But, beneath the surface, there is a shark in the water, ready to obstruct any congressional or administrative action. That shark is the Supreme Court’s “major questions doctrine.” Although Members of Congress have proposed to establish a new federal commission to protect consumers.

Reinstating the FCC’s auction authority could save the Affordable Connectivity Program

The $14.2 billion allocated to the Affordable Connectivity Program (ACP) is projected to run out by mid-2024. With the options running thin, there may be a potential source of funding for the ACP for Congress to consider—only this time, it’s intricately connected to the US spectrum auctions that were formerly under Federal Communications Commission jurisdiction.