FCC adopts new rules to prevent ‘digital discrimination’ News
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FCC adopts new rules to prevent ‘digital discrimination’

The Federal Communications Commission (FCC) adopted new rules Wednesday to help prevent and eliminate discrimination of access to broadband services based on race, income, religion or national origin.

Under the new rules, the FCC is able to regulate discriminatory policies and practices of companies to protect individual consumers by issuing fines and injunctions. In a news release, the FCC described the purpose of the new rules, stating:

While recognizing and fully taking into account technical and economic challenges that may prevent full achievement of equal access to broadband service, these rules target business practices and policies that impede equal access to broadband without adequate justification. The rules focus on the very real problem of outcome, such as when decisions untainted by discriminatory intent nevertheless cause different communities to receive different access to broadband services. The rules do not focus solely on the mindsets of industry participants when making decisions that affect access to broadband service.

In a statement, Chairwoman of the FCC Jessica Rosenworcel noted that the new rules are the result of the Bipartisan Infrastructure Law passed in 2021. Under this law, Congress directed the FCC to “adopt rules to facilitate equal access to broadband internet access service.” Rosenworcel praised the new FCC rules for ensuring equal access and following the request of Congress.

Other members of the FCC did not view the new rules as favorably. FCC Commissioner Nathan Simington wrote a dissent, criticizing the new rules for going beyond the authority granted by Congress. Simington argued that Congress did not grant the FCC the authority to issue fines, injunctions, or forfeitures.

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