Press Releases
11/15/2023
CONSUMER ALERT: FCC Adopts First Ever Broadband Access Anti-Discrimination Rules
FCC Adopts Strong Rules to Protect Against Intentional and Impactful Discriminatory Practices Based on Income Level, Race, Ethnicity, Color, Religion and National Origin That Impacts Access to Internet Service.
At its November 15 meeting, the Federal Communications Commission adopted new rules to address discriminatory practices or acts of internet service providers that impact access to that service. The rules protect against both intentional discrimination and disparate impact practices. The classes protected under the FCC rules are income levels, race, ethnicity, color, religion and national origin. The rules were enacted pursuant to Congressional directive under the bi-partisan Infrastructure Investment and Jobs Act of 2021.
The Office of State Broadband, within the Office of Consumer Counsel, provided guidance and recommendations through comments and reply comments submitted to the FCC, and our comments were cited in the FCC’s Report and Order on seven separate occasions.
What is digital discrimination of access?
The FCC adopts the following definition: 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.
The FCC also found that this standard must address not only business conduct motivated by discriminatory intent, but also business conduct having discriminatory effects. In other words, business practices of internet service providers can also be found to constitute prohibited digital discrimination, in addition to intentional discrimination, as recommended by the OCC.
What acts constitute digital discrimination?
A policy or practice will violate the prohibition on digital discrimination of access if it discriminates, either by intent or in effect, against income level, race, ethnicity, color, religion or national origin, In evaluating a claim of discrimination, the FCC considers whether the policy or practice in question differentially affects access to broadband service or is intended to do so. If that question is answered in the affirmative, the FCC will review any issues of technical or economic feasibility that may compel use of the challenged policy or practice rather than a less discriminatory policy or practice. The rules thus require assessment of whether a policy or practice is discriminatory; and if so, whether there were reasonably available and achievable alternatives (i.e., alternatives that were technically and economically feasible) that would have been less discriminatory.
Which consumers are covered by the digital discrimination rules?
As recommended by the OCC, the rules cover all consumers, including both current and prospective subscribers. The term “consumers” includes not only individuals, but also groups of persons, organizations, and businesses.
How may a consumer file a complaint alleging digital discrimination of access?
The FCC accepts both informal and formal complaints of digital discrimination and is amending its Commission’s existing enforcement rules so they specifically authorize investigations regarding digital discrimination of access. The FCC will also be amending its informal consumer complaint process to provide a designated pathway for accepting complaints of digital discrimination of access.
Where may a Connecticut consumer file a digital discrimination?
At this time, the FCC has decided to be the entity that takes formal complaints under its digital discrimination rules. However, state agencies may file complaints with the FCC on a consumer’s behalf. Accordingly, the Office of State Broadband within the Office of Consumer Counsel is available to do a preliminary review of any complaint about a discriminatory action or practice of an internet service provider in Connecticut and, if appropriate, assist in the filing of a complaint with the FCC. The rules will go into effect 60 days after publication in the Federal Register with the exception of rules that require Office of Management and Budget review under the Paperwork Reduction Act.
If you have any questions, or to discuss a potential complaint, please email occ.info@ct.gov or call 860-827-2900.
The Office of State Broadband is established by statute within the Office of Consumer Counsel. The members of OSB are Consumer Counsel, Claire E. Coleman; Broadband Policy Coordinator and Staff Attorney, Burt Cohen; Research Analyst, Rhiana Ash; and Legislative and Communications Director, Brooke Parker.