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A group of 65 Republicans in the U.S. House of Representatives are pushing a joint resolution to be adopted that would nullify the Federal Communications Commission’s rules to prevent and eliminate digital discrimination.
An effort led by two Georgia Republicans is seeking to reject rules adopted in November by the Federal Communications Commission (FCC) that were aimed at preventing digital discrimination.
Rep. Andrew Clyde (R-GA) and Rep. Buddy Carter (R-GA) introduced the joint resolution, which has now been backed by over 60 other Republicans in the U.S. Congress.
Rep. Carter, in a statement on his website, said the FCC’s digital discrimination rule “will undoubtedly widen the digital divide by stifling future investment in broadband deployments.”
“Not only is it unconstitutional, but it goes against the very core of free market capitalism,” Rep. Carter was quoted as having said. “Congress must block the FCC’s totalitarian overreach.”
The FCC’s digital discrimination rules allow for possible instances of discrimination of broadband access to be investigated, and for potential penalties to be assessed against companies that fail to meet the FCC’s obligations.
At the time the rules were adopted, FCC Chairwoman Jessica Rosenworcel said the rules came about because of Section 6506 of the Bipartisan Infrastructure Law, which directed the FCC to tackle digital discrimination. She called the Bipartisan Infrastructure Law the first bipartisan civil rights law focused on the digital age.
The adopted rules defined the term “digital discrimination of access” as “policies or practices not justified by genuine issues of technical or economic feasibility that differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion or national origin, or are intended to have such differential impact.”
They also allow for possible instances of discrimination of broadband access to be investigated, and for potential penalties to be assessed against companies that fail to meet the obligations in the newly adopted rules.
“The FCC’s so-called ‘digital discrimination’ rule hands bureaucrats unmitigated regulatory authority that will undoubtedly impede innovation, burden consumers, and generate censorship concerns,” said Rep. Clyde. “Given the Biden Administration’s long history of weaponizing agencies against the American people, Congress should not let this unconstitutional power grab go unchecked.”
Rep. Clyde did not provide details supporting his assertion about the president’s administration, but he said the FCC’s rules were adopted “under the guise of ‘equity'” and said they would “radically expand the federal government’s control of all internet services and infrastructure.”
Following the FCC’s adoption of the rules, some leading voices in the industry voiced concerns. Shirley Bloomfield, the CEO of The Rural Broadband Association (NTCA), said the NTCA shares the goal of creating an environment in which broadband access is provided to every American. She also warned that the FCC’s rules “must not create an uncertain environment where broadband providers will be anxious that decisions they make” will be subject to second guessing from regulators and potential penalties assessed by the FCC.
According to the Jan. 30 release from Rep. Clyde’s office, some of the organizations supporting the push to reverse the FCC’s rules include Americans for Prosperity, Americans for Tax Reform, Citizens for Renewing America, and Heritage Action for America.
Grover Norquist, the president of Americans for Tax Reform, took aim at the FCC chairwoman in comments included in the announcement from Rep. Clyde’s office.
“Chairwoman (Jessica) Rosenworcel and her staff have empowered activists to shake down any telecommunications company that tries to expand broadband to unserved areas.”
He said a congressional repeal of the FCC’s rules would “restore power to consumers and their elected representatives.”
The vote to adopt the anti-discrimination rules was passed by a 3-2 margin at the FCC’s November 15 meeting, where it was the first agenda item.
