FCC · US Congress · Ars Technica
Court strikes down FCC anti-discrimination rule opposed by Internet providers
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An appeals court today struck down federal rules that prohibit discrimination in access to broadband services, delivering a victory to telecom and cable lobby groups.
Key facts
- Judges found that “Congress did not authorize disparate impact liability” in the Infrastructure Investment and Jobs Act, the US law that authorized the FCC to impose digital discrimination rules
- Challengers included cable lobby group NCTA, wireless lobby CTIA, and USTelecom, all of which represent ISPs throughout the US
- John Bergmayer, legal director of advocacy group Public Knowledge, criticized the court decision
- Carr also compared the rules to diversity, equity, and inclusion (DEI) policies that he has called discriminatory
Summary
The FCC exceeded its legal authority by imposing liability for actions that result in “disparate impact,” instead of merely policing “disparate treatment,” said a ruling by from the US Court of Appeals for the 8th Circuit. “Today’s appellate court decision is another common-sense win for nondiscrimination,” Carr said today. John Bergmayer, legal director of advocacy group Public Knowledge, criticized the court decision. As they've previously written, the FCC rules let consumers file complaints about alleged discrimination and define the elements the FCC would examine when investigating whether an entity should be punished for discrimination.