Law Center Search Results

On April 29, 2024, the NAM filed an amicus brief urging the 8th Circuit to vacate the FCC’s digital discrimination rule. Under the Infrastructure Investment and Jobs Act of 2021, FCC was required to promulgate rules prohibiting intentional discrimination in the deployment of broadband based on a protected classification—such as income level, race, or religion. The FCC’s digital discrimination rule, however, goes further. It prohibits broadband providers from implementing practices or policies that “differentially impact consumers” access to broadband internet access. Accordingly, business trade groups sued the FCC in multiple circuits, challenging the rule as exceeding the FCC’s authority and those actions were consolidated in the 8th Circuit.

We argue in our amicus brief that the IIJA only prohibits intentional discrimination in the deployment of broadband. The disparate impact standard unliterally imposed by the rule will deter investment in critical broadband infrastructure necessary for manufacturers to innovate and compete in the global economy.