Carter, Clyde Challenge FCC’s “Digital Discrimination” Rule
WASHINGTON, D.C. — Today, Representatives Earl L. “Buddy” Carter (R-GA) and Andrew Clyde (R-GA) led 65 House Republicans in introducing a Congressional Review Act (CRA) joint resolution of disapproval to overturn the Federal Communications Commission’s (FCC) new “digital discrimination” rule.
On November 15th, 2023, the FCC finalized a new rule to “prevent digital discrimination of access to broadband services.” The rule hands the Biden administration’s bureaucratic state effective control of all internet services and infrastructure in the U.S. – giving the FCC unchecked unconstitutional authority to implement regulations restricting every aspect of the telecommunications industry…
Supporting organizations include Americans for Prosperity, Americans for Tax Reform, Cellular Telecommunications Industry Association (CTIA), Citizens for Renewing America, Competitive Enterprise Institute, Consumer Choice Center, Digital First Project, Heritage Action for America, R Street Institute, Taxpayers Protection Alliance, U.S. Chamber of Commerce, and USTelecom…
“The R Street Institute is pleased to endorse Rep. Clyde and Rep. Carter’s Congressional Review Act (CRA) joint resolution of disapproval regarding the Federal Communications Commission’s (FCC) Digital Discrimination Order. We have expressed concerns that the breadth and scope of the FCC’s rulemaking far exceeded congressional intent in the Infrastructure Investment and Jobs Act. The FCC’s rule will have a chilling effect on future broadband investment and create uncertainty that will only exacerbate the digital divide. This Congressional Review Act resolution shows that Congress recognizes the overreach of this rule, and, if enacted, would prevent the same or a substantially similar rule from being implemented in the future.” – Jonathan Cannon, Policy Counsel for Technology and Innovation, R Street Institute..
Background
The FCC’s “digital discrimination” rule represents the Biden administration’s implementation of Section 60506 of the “Bipartisan Infrastructure Law,” which allocated $65 billion to expand broadband access and required the FCC to adopt final rules to “facilitate equal access to broadband government.”
The rule defines “digital discrimination” as “policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion or national origin, or (2) are intended to have such differential impact.”
Yet, this rule goes well beyond addressing alleged discriminatory intent within the telecommunications industry. Rather, it dangerously gives the FCC unchecked unconstitutional authority to implement regulations restricting every aspect of the telecommunications industry, including regulations restricting speed, capacities, latency, data caps, throttling, pricing, promotional rates, imposition of late fees, and even an internet service provider’s profitability.
Furthermore, the rule expands the FCC’s authority to industries outside of telecommunications to include any industry that could stifle its expansive definition of “digital discrimination,” including landlords, construction crews, marketing agencies, banks, retail stores, etc. All of these industries could now be regulated by the FCC for any “act or omission that the agency determines has an impermissible impact on a consumer’s access to broadband.”
Read the full bill text here.