FCC Adopts Rules Implementing Infrastructure Act Provision On Digital Discrimination

On November 20, 2023, the Federal Communications Commission (FCC or Commission) released a Report and Order (Order) and a Further Notice of Proposed Rulemaking (FNPRM) adopting rules to establish a framework for preventing and eliminating digital discrimination of access and seeking additional comment on proposed obligations for broadband internet access service providers to address both intentional discrimination and discrimination through disparate impact. The Order applies to a broad scope of policies and practices that affect the provision of broadband service – including deployment, network upgrades, and maintenance – and could be read to conclude that any material differentiation in quality of broadband service may provide a basis for discrimination liability under the new rules.