Court strikes down FCC anti-discrimination rule opposed by Internet providers
The FCC defined discrimination in broadband 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.”
The rules applied to broadband providers and other entities, such as landlords that restrict broadband options in a building even when multiple providers are available. “Conduct by entities other than broadband providers might impede equal access to broadband Internet access service on the bases specified in the statute,” the FCC said in its rules.
The FCC discrimination rules were challenged in six federal appeals courts by various telecom and cable industry groups, and the case was assigned randomly to the 8th Circuit. Challengers included cable lobby group NCTA, wireless lobby CTIA, and USTelecom, all of which represent ISPs throughout...
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