FCC Set to Begin Enforcement of Digital Discrimination Rules

WASHINGTON, September 13, 2024 - The top federal communications agency might be clamping down on instances that allegedly involve digital discrimination by service providers.

As the six-month non-enforcement period of the Federal Communications Commission’s new rules ends on September 22, the agency is expected to begin investigating potential violations of the rules, including policies that create disparate impacts on communities even where there is no intentional discrimination.

“Our work to close the digital divide is not done until we reach those who are unconnected, underserved, and overlooked,” said FCC Chairwoman Jessica Rosenworcel said last November. “Many of the communities that lack adequate access to broadband today are the same areas that suffer from longstanding patterns of residential segregation and economic disadvantage.”

Republicans, including FCC Commissioner Brendan Carr, disagree. A common reaction is that the rules are motivated by an ideology of government control that is fundamentally incompatible with free market capitalism, and that they lack clarity.

Yet the agency has reserved the right to eventually proceed with enforcement.

In a March filing with the Eighth Circuit Court of Appeals, the Commission noted that the expiration of the non-enforcement period does not necessarily mean that enforcement will begin immediately on September 22, or even soon thereafter.

The court filing noted that the enforcement proceedings are expected to take time, mentioning that FCC enforcement actions follow a mostly standard multi-step process, including letters of inquiry and audits, during which the investigated entities will have opportunities to respond and refute at every stage.