Court strikes down FCC anti-discrimination rule opposed by Internet providers
An appeals court today struck down federal rules that prohibit discrimination in access to broadband services, delivering a victory to telecom and cable lobby groups. The court ruling was welcomed by Federal Communications Commission Chairman Brendan Carr, who voted against the Biden-era rules when they were approved in 2023.
The FCC exceeded its legal authority by imposing liability for actions that result in "disparate impact," instead of merely policing "disparate treatment," said a ruling by from the US Court of Appeals for the 8th Circuit. The FCC also exceeded its authority by applying the rules to entities that don't directly offer Internet service to subscribers, according to the ruling issued unanimously by three judges appointed by Republican presidents.
“Today’s appellate court decision is another common-sense win for nondiscrimination," Carr said today. Carr claimed the rules "would have required broadband providers and many other businesses to discriminate against people based on their race, gender, or other protected characteristics," but did not explain how the rules would have required discrimination. Carr also compared the rules to diversity, equity, and inclusion (DEI) policies that he has called discriminatory.