FCC’s Digital Discrimination Rules Poised for a Narrower Rewrite
Any new rule issued under current FCC Chairman Brendan Car would likely be more limited in scope, panelists said
WASHINGTON, July 16, 2026 – A recent court decision has put the onus on Congress to prevent unintentional discrimination in the broadband communications sector.
A Federalist Society webinar Wednesday focused on the FCC’s next steps after the U.S. Court of Appeals for the Eighth Circuit in May vacated the agency’s 2023 Digital Discrimination Order. Panelists predicted the FCC will likely return with a much narrower rule after the court held that the FCC, under former Chairwoman Jessica Rosenworcel, exceeded its statutory authority in issuing the 2023 rules.
