In 2021, Congress required the Federal Communications Commission to issue rules “preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin” within two years.

FCC Chairwoman Jessica Rosenworcel last month released her draft plan to comply with the congressional mandate and scheduled a November 15 commission vote on adopting final rules.

Carr described Rosenworcel’s proposal as “President Biden’s plan to give the administrative state effective control of all Internet services and infrastructure in the US.”

In a meeting with Rosenworcel’s staff, cable company executives “stated that the Draft Order would impose overbroad liability standards that impede further broadband investment and are legally vulnerable by adopting a disparate impact rather than a disparate treatment liability approach,” according to an ex parte filing submitted yesterday by cable lobby group NCTA-The Internet & Television Association.

The cable companies said the FCC "should define digital discrimination as disparate treatment and should limit the standard to policies and practices involving the deployment of broadband network facilities.

“Commission evaluation of price is unnecessary in the competitive wireless marketplace and may deter offering discounts and enticements to switch providers that consumers enjoy today.”

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