Senators Introduce Resolution Challenging FCC’s “Digital Discrimination” Rules

WASHINGTON – In an unprecedented attempt to establish unwarranted federal control over the U.S. broadband industry, the Federal Communications Commission (FCC) adopted “digital discrimination” rules in November, which will go into effect on March 22, 2024. Under these rules, internet service providers (ISPs) are subject to a “disparate impact” standard, making them accountable for any unintentional discriminatory effects of their policies.

Under this framework, ISPs face liability, including possible fines and other sanctions, for any policies that lead to unequal broadband access, regardless of whether there was any discriminatory intent behind those policies. Further, the Commission’s rules grant the federal government an extensive mandate to oversee almost every aspect of broadband in the country.

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This resolution is supported by several organizations and groups including Americans for Prosperity, Americans for Tax Reform, Heritage Action for America, R Street Institute, and Taxpayers Protection Alliance. Another supporter of the resolution, the U.S. Chamber of Commerce, sued the FCC in January over the Commission’s rulemaking. The U.S. Chamber said the FCC exceeded its authority and acted “arbitrarily and capriciously in violation of theAdministrative Procedure Act.”