Georgia Mountain News

Representatives Earl L. "Buddy" Carter (R-GA) and Andrew Clyde (R-GA) have led a group of 65 House Republicans in introducing a Congressional Review Act (CRA) joint resolution of disapproval to overturn the Federal Communications Commission's (FCC) new "digital discrimination" rule. The rule, finalized on November 15th, 2023, aims to prevent digital discrimination of access to broadband services but has drawn criticism for granting the FCC unchecked authority over the internet and the telecommunications industry.

In a statement, Rep. Carter expressed concerns about the FCC's plan, stating, "This FCC 'Digital Discrimination' rule will undoubtedly widen the digital divide by stifling future investment in broadband deployments." He also argued that the rule is unconstitutional and goes against the principles of free market capitalism.

Rep. Clyde echoed these concerns, saying, "Under the guise of 'equity,' the Biden Administration is attempting to radically expand the federal government's control of all internet services and infrastructure." He added that the rule would impede innovation, burden consumers, and raise censorship concerns.

The joint resolution of disapproval has garnered support from several cosponsors and organizations, including Americans for Prosperity, Americans for Tax Reform, and the U.S. Chamber of Commerce. These organizations argue that the FCC's rule is burdensome, costly, and fails to reflect the reality of current internet technologies.

James Czerniawski, Senior Policy Analyst at Americans for Prosperity, criticized the rule, stating, "The FCC's digital discrimination rule is nothing more than a distraction that will delay and increase costs for deploying broadband around the country." Grover Norquist, President of Americans for Tax Reform, called the rule a "takeover of the internet" and urged Congress to repeal it.

Wade Miller, Executive Director of Citizens for Renewing America, highlighted the importance of protecting Americans' rights and reliable access to the internet, stating, "Efforts by Rep. Clyde, with regard to the Digital Equity Rule, are an important front in the battle to protect the rights of Americans."

The FCC's "digital discrimination" rule has also faced criticism for its broad scope and potential impact on various industries. It expands the FCC's regulatory authority to include not only the telecommunications industry but also other sectors such as landlords, construction crews, marketing agencies, and retail stores.

The rule defines "digital discrimination" as policies or practices that differentially impact consumers' access to broadband internet access service based on factors such as income level, race, ethnicity, color, religion, or national origin. However, critics argue that the rule gives the FCC excessive power to regulate speed, capacities, pricing, and even an internet service provider's profitability.

The joint resolution of disapproval introduced by Reps. Carter and Clyde aims to reverse this rule and prevent similar regulations from being implemented in the future. Supporters of the resolution believe that the FCC's rule is an overreach of government power that will hinder broadband investment, innovation, and the closing of the digital divide.

As the resolution moves forward, it remains to be seen how Congress will address the concerns raised by Reps. Carter and Clyde and the organizations supporting the repeal of the FCC's "digital discrimination" rule.