ARLINGTON, VIRGINIA – The FCC’s recent adoption of a Report and Order on Digital Discrimination raises serious concerns over regulatory overreach. Leveraging a one-page IIJA authorization, the FCC’s 218-page regulations go beyond its mandate, risking division among Americans based on race, sex, and income.

Replacing the established “disparate treatment” standard with an arbitrary “disparate impact” standard, the FCC’s order empowers activists and endangers broadband expansion to underserved areas. Unprecedented regulatory control over ISPs, from infrastructure to pricing, poses a severe threat to investment and discourages participation in the BEAD Program—an integral part of the infrastructure law.

Moreover, the FCC’s interference ignores that providers lack control over where they build, as local and state governments dictate permitting. As the people’s representative, Congress must intervene to prevent economic fallout. We call on Congress to hold the FCC accountable, ensuring a balanced approach that fosters innovation and economic growth and aligns with the infrastructure law’s objectives.

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