Litigation Update: Minnesota Telecom Alliance v. FCC
The U.S. Court of Appeals for the Eighth Circuit recently vacated the Federal Communications Commission’s 2023 Digital Discrimination Order, finding the commission exceeded its statutory authority.
The dispute centered on the FCC’s implementation of Section 60506 of the Infrastructure Investment and Jobs Act, which directs the commission to prevent “digital discrimination of access” in broadband deployment and service. In carrying out this statutory mandate, the FCC adopted a disparate-impact framework, under which broadband providers and other entities that impact broadband could face liability for policies or practices that disproportionately affect certain communities without regard to discriminatory intent. The Eighth Circuit concluded that Section 60506 does not authorize the FCC’s disparate-impact regime or regulation of entities other than broadband providers.
Join us for a litigation update on the decision and its implications for broadband deployment, digital equity initiatives, FCC authority, and future efforts to address alleged discrimination in access to broadband service.
Featuring:
- Dr. Christopher Ali, Pioneers Chair in Telecommunications, Penn State University
- Jennifer B. Dickey, Vice President and Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
- Daniel H. Kahn, Partner, Wilkinson, Barker, Knauer, LLP
- [Moderator] Matthew Furlow, Counsel, U.S. House Committee on Energy and Commerce
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
