The Department of Commerce’s National Telecommunications and Information Administration (NTIA) today urged the Federal Communications Commission (FCC) to adopt strong rules against digital discrimination.
Specifically, NTIA is calling on the FCC to adopt a definition of digital discrimination that includes both disparate treatment and disparate impact on protected groups.
According to the agency’s Oct. 6 filing with the FCC, disparate treatment refers to intentional discrimination by an internet service provider against a group, and disparate impact refers to disparities in available internet service and the actual on-the-ground experiences of different communities that result from a company’s policies and practices, irrespective of intent.
NTIA provided comments in response to the FCC’s Notice of Proposed Rulemaking on how to prevent digital discrimination of access to internet service, as required by the Infrastructure Investment and Jobs Act.
“Effective, clear, and practical rules prohibiting Internet service providers (ISPs) from discriminatory practices that harm vulnerable communities are key to the Biden administration’s efforts to close the digital divide across America,” NTIA wrote.
“The core concern in this area is the reality experienced by individuals and communities, including whether fast, reliable, and affordable high-speed internet service is made available to them on an equal footing with their counterparts,” NTIA continued. “While disparities in service could result from intentional discriminatory treatment based on the statute’s protected characteristics – which should certainly be prohibited – they may more commonly result from business decisions and institutional behaviors that were set in motion without any discriminatory intent.”
NTIA’s filing also clarified that actions in compliance with requirements of the Broadband Equity, Access, and Deployment (BEAD) Program, or other similar Federally-funded programs, should be considered presumptively lawful under the digital discrimination rules.
Key to the success of ongoing efforts at NTIA, the FCC, and throughout the Federal government, is a set of strong, clear, and practical rules that facilitate equal access to broadband, prevent digital discrimination of access, and work in concert with Federal programs aimed at achieving universal broadband deployment, adoption, and usage, the agency said.
NTIA said that it stands ready to work with the FCC to ensure that the digital discrimination rules maximize the collective ability to combat discrimination and close the digital divide; fully account for the unique circumstances presented by initiatives like the BEAD Program; and enable the FCC to take full advantage of the wealth of relevant data and related resources available from the Executive Branch.
“Strong rules are needed to remedy unequal access to Internet service, no matter what the cause may be,” said NTIA Administrator Alan Davidson. “Rules that combat digital discrimination will bring lasting relief to vulnerable communities that historically have been left behind online.”
