The FCC's Digital Discrimination Rulemaking: Facilitating Equal Access to Broadband Services

The Infrastructure Investment and Jobs Act, signed into law on November 15, 2021, requires the Federal Communications Commission (FCC), within two years, to promulgate rules to facilitate equal access to broadband internet services and to prevent "digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin." Significantly, the statute also requires that the rules take into account "issues of technical and economic feasibility." The FCC issued a notice of proposed rulemaking on December 22, 2022, and comments and reply comments have now been submitted.Given the importance of widespread access to broadband services, the "Digital Discrimination" proceeding is one of the most important items on the FCC's agenda. Does the agency have authority to adopt rules that would impose liability on broadband providers based only on a showing of unintentional disparate impact or is evidence of intentional discrimination required? In considering liability, how should the agency take into account claims relating to the technical and economic feasibility of making available access? What impact will the rules have on investment and innovation under various scenarios? What type of process should the Commission employ in considering complaints of digital discrimination?A panel of experts joined us for a lively discussion of these and other questions as the FCC prepares to adopt final rules in the digital discrimination proceeding.Featuring:--Seth L. Cooper, Director of Policy Studies & Senior Fellow, The Free State Foundation--Harold Feld, Senior Vice President, Public Knowledge--Clint Odom, Vice President, Strategic Alliances & External Affairs, T-Mobile--Moderator: Randolph J. May, President, The Free State Foundation