“Digital Discrimination” Under the Infrastructure Investment and Jobs Act

The 2021 Infrastructure Investment and Jobs Act requires the Federal Communications Commission and the Department of Justice to “ensure that federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination.”

Joe Kane, director of broadband and spectrum policy at ITIF, moderated a discussion on The Federalist Society’s Teleforum podcast about the FCC’s ongoing efforts to effectuate this portion of the statute and how policymakers can best achieve the goal of equitable broadband deployment. The discussion considered what discrimination means in this context, whether broadband providers engage in it, and what regulatory actions would best ensure Americans have access to the broadband they need.