Court strikes down FCC anti-discrimination rule opposed by Internet providers
Summary
An appeals court struck down the FCC’s 2023 anti-discrimination rule governing broadband access, ruling the agency exceeded its statutory authority by imposing disparate-impact liability and by applying the rule to entities beyond broadband providers. The decision, which vacates the rule in full, was welcomed by ISP and telecom groups and by FCC Chair Brendan Carr, while critics argued it removes protections against discrimination in broadband access for underserved communities. The ruling emphasizes the narrow, provider-subscriber focus of the underlying statute and cautions that any future rule would be judged against Supreme Court precedents on agency interpretive authority.