FCC’s Digital-Discrimination Rules: Bridging the Divide or a Bridge Too Far?

The Federal Communications Commission’s (FCC) recently enacted rules to prevent so-called “digital discrimination” in broadband access are facing a significant legal challenge in the 8th U.S. Circuit Court of Appeals. Earlier this week, the U.S. Justice Department and the FCC submitted their brief on the matter. Now that the parties have made their “opening arguments” in the case, let’s look at the key issues in dispute. They include the scope of the FCC’s authority, interpretation of congressional mandates, and the balance between promoting equal access to broadband and preserving market incentives for broadband deployment.

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