FCC Digital Discrimination Rules Will Affect Landlords, Building Owners, Contractors

Having access to reliable broadband internet service has become critical as consumers and small businesses rely on the internet for everyday tasks. To help meet that need, Congress, as part of the Infrastructure Investment and Jobs Act, required the Federal Communications Commission (FCC) to adopt rules to facilitate equal access to broadband internet services. In response, the FCC has adopted sweeping new rules intended to identify instances of "digital discrimination" by any party that provides or facilitates access to broadband internet services to consumers or small businesses.

As drafted, these new rules apply to internet service providers – as well as building owners, contractors, infrastructure owners and landlords – to the extent that they affect consumer or small business access to broadband internet service (all of which the FCC references as "covered entities"). The majority of the new rules will become effective on March 22, 2024, and FCC enforcement