UPDATE: FCC Publishes Rules on Eliminating Digital Discrimination; Clock Starts Soon for Stakeholders Considering Legal Challenges
We would like to bring to your attention a recent development by the Federal Communications Commission (FCC) that may impact your operations in the broadband internet access space. The FCC has officially published its rules aimed at eliminating digital discrimination in communities with poor internet access. The CommLaw recently published an advisory detailing the rules and outlining the myriad of potential legal challenges which may arise once the rules take effect (30 days after publication in the Federal Register).
Potential Legal Challenges: A window for parties seeking to challenge or have the FCC reconsider its rules will open following Federal Register publication. One potential area of legal challenges revolves around the broad interpretation of the rules. Chairwoman Rosenworcel’s approach, covering both disparate treatment and disparate impact, might raise questions about alignment with U.S. Supreme Court precedent on disparate-impact analysis. There may be many other grounds to challenge the new rules, several of which were outlines in our recent advisory.
Considerations for Your Business: As these rules come into effect, we recommend a thorough review of the rules and how they may impact your company. Understanding the potential legal challenges and their implications for your operations is crucial.
How We Can Assist: If you have concerns or questions regarding the FCC’s rules, with to explore potential legal challenges, or need assistance with compliance, please do not hesitate to reach out to us. Our team is ready to provide guidance tailored to your specific needs.
In the meantime, we will continue to monitor developments in this area and keep you informed of any changes that may impact your business.
Contact Michael P. Donahue at firstname.lastname@example.org, Jonathan S. Marashlian at email@example.com or Jane L. Wagner at firstname.lastname@example.org for further information regarding the FCC’s rules on eliminating digital discrimination or other concerns affecting the broadband industry.