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ARTICLE · 07 NOVEMBER 2023

FCC To Vote On Digital Discrimination Rules

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On November 15, 2023—the statutory deadline—the Federal Communications Commission (FCC) will vote on rules to prevent so-called "digital discrimination," i.e., discrimination in access to broadband services.

United StatesMedia, Telecoms, IT, Entertainment
  • On November 15, 2023—the statutory deadline—the Federal Communications Commission (FCC) will vote on rules to prevent so-called "digital discrimination," i.e., discrimination in access to broadband services.
  • The proposed rules stem from provisions in the Infrastructure Investment and Jobs Act (IIJA) that require the FCC to create rules that ensure equal access to broadband services for all Americans.
  • Most significantly, the draft rules define digital discrimination to include both practices that intentionally discriminate against specific communities and practices that may be facially neutral but create discriminatory impacts regardless of intent. In the absence of material changes to the draft text, which is unlikely, the proposed rules will likely result in another party-line vote among the three Democratic Commissioners (in favor) and the two Republican Commissioners (opposed). Significant broadband industry pushback and legal challenges to the

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