Rescind FCC’s new digital discrimination rule, say Carter, GOP colleagues

U.S. Rep. Buddy Carter (R-GA) on Jan. 30 joined 66 of his Republican colleagues in calling for the repeal of a final rule issued by the Federal Communications Commission’s (FCC) that aims to prevent digital discrimination of broadband internet access service.

“Congress must block the FCC’s totalitarian overreach,” Rep. Carter said on Tuesday.

House Joint Resolution (H.J.Res.) 107, which is sponsored by U.S. Rep. Andrew Clyde (R-GA), is a Congressional Review Act joint resolution of disapproval to overturn the FCC’s so-called new “digital discrimination” rule that’s set to go into effect on March 24.

The GOP members say the new rule gives the FCC both effective control of all internet services and infrastructure in the U.S., and “unchecked unconstitutional authority” to implement regulations restricting every aspect of the telecommunications industry, according to a summary provided by Rep. Carter’s staff.

“Yet again, the Biden administration is attempting to push its ideology through heavy-handed government controls,” Rep. Carter said. “This time, the FCC plans to enact widespread regulations on every aspect of our internet’s functionality. 

“This FCC digital discrimination rule will undoubtedly widen the digital divide by stifling future investment in broadband deployments,” he added. “Not only is it unconstitutional, but it goes against the very core of free market capitalism.”

The FCC’s rule — published in the Jan. 22 Federal Register and entitled the “Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination” — seeks to implement Section 60506 of the Bipartisan Infrastructure Law, which allocated $65 billion to expand broadband access and required the FCC to adopt final rules to “facilitate equal access to broadband government.”

The rule defines digital discrimination as “policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion or national origin, or (2) are intended to have such differential impact,” according to the Federal Register.

However, the rule goes beyond addressing alleged discriminatory intent within the telecom industry, according to Rep. Carter and his colleagues, and lets the FCC implement regulations restricting speed, capacities, latency, data caps, throttling, pricing, promotional rates, imposition of late fees, and even an internet service provider’s profitability.

The rule also expands the FCC’s authority to industries outside of telecom to include any that could stifle its digital discrimination definition, including landlords, construction crews, marketing agencies, banks, and retail stores, among others, the lawmakers contend.

Among the other 65 original cosponsors of the resolution are U.S. Reps. Mark Amodei (R-NV), Troy Balderson (R-OH), Andy Barr (R-KY), Mike Bost (R-IL), Larry Bucshon (R-IN), Mike Carey (R-OH), John Curtis (R-UT), John Joyce (R-PA), John Moolenaar (R-MI), Jay Obernolte (R-CA), August Pfluger (R-TX), Lloyd Smucker (R-PA), and Brad Wenstrup (R-OH).

Organizations supporting H.J.Res. 107 include Americans for Prosperity, Americans for Tax Reform, the Cellular Telecommunications Industry Association, Citizens for Renewing America, the Competitive Enterprise Institute, the Consumer Choice Center, the Digital First Project, Heritage Action for America, the R Street Institute, the Taxpayers Protection Alliance, the U.S. Chamber of Commerce, and USTelecom.