FCC Publishes Proposed Rules to Eliminate Digital Discrimination

The Federal Communications Commission voted to adopt a Notice of Proposed Rulemaking at its December 22, 2022, Open Meeting asking for public comment on the next steps the FCC should take to promote and facilitate equal access to broadband internet service as required by the Infrastructure Investment and Jobs Act (IIJA). The FCC seeks to create a regulatory framework for combatting digital discrimination that has caused harm to historically excluded and marginalized communities.

The Notice is available on the FCC website and will be published via the Federal Register shortly. Members of the public may submit comments now through the FCC’s Electronic Comment Filing System referencing proceeding 22-69. Comments are due 30 days after publication in the Federal Register and Reply Comments will be due 60 days after publication in the Federal Register.

The FCC specifically seeks comment on the following areas:

  • A proposed definition of “digital discrimination of access” as used in the Infrastructure Act.
  • Proposed revisions to the FCC’s informal consumer complaint process to accept complaints of digital discrimination. 
  • Proposed adoption of model policies and best practices for states and localities to combat digital discrimination based on recommendations from the Communications Equity and Diversity Council.
  • Further details of the rules the Commission should adopt to facilitate equal access to broadband internet service and prevent “digital discrimination of access,” as well as identification of necessary steps for the elimination of such discrimination.

The FCC has also established a Task Force to Prevent Digital Discrimination and welcomes requests to meet with members of the Task Force.

Please Contact Assistant Chief Counsel Jamie Saloom with any questions or small business concerns.