Federal regulators voted unanimously March 16 to examine discriminatory practices from internet service providers.
At its monthly open meeting, the Federal Communications Commission adopted a notice of inquiry seeking comment on how the commission can address digital discrimination, where some ISPs might decline to build out broadband in certain American communities based on race, income and other factors.
The decision means that the commission will begin seeking comments to build a framework to stop the practice.
Democrat Commissioner Geoffrey Starks said digital discrimination is still not well-defined.
"In fact, Congress has given this agency the heavy task of outlining and understanding its root causes, and ultimately implementing rules necessary to prevent and eliminate digital discrimination based on income level, race, ethnicity, color, religion or national origin," said Starks, calling the practice "particularly insidious."
Republican Commissioner Nathan Simington said the vote is a gain for Americans who experience digital discrimination in their communities.
Democratic FCC Chairwoman Jessica Rosenworcel called the effort a tall but necessary task. "It's about equity, opportunity, and making it possible for everyone to have a fair shot at 21st century success," said the chairwoman in a statement.
A wholistic approach to addressing broadband access problems in America must be taken, said Bruce Mehlman, founding co-chairman of the Internet Innovation Alliance and former Assistant Secretary of Commerce for Technology Policy during the George W. Bush administration.
"To maximize infrastructure dollars and close the digital divide, government should work with providers to determine which broadband technologies are best-suited to deliver fast internet speeds to every community in America," Mehlman told S&P Global Market Intelligence ahead of the vote. "Policymakers focusing on broadband connectivity need to consider myriad conditions — from population density to consumer demand, as well as geology, topography, and the range of competitive offerings already available — when determining program design and objectives."
The broadband provisions of the bipartisan infrastructure act signed by President Joe Biden last year directed the commission to establish rules for the Affordable Connectivity Program, to reintroduce broadband consumer labels, and to eliminate digital discrimination. The commission has also worked to crack down on landlord-ISP exclusivity deals.
Also at the meeting, the FCC voted to revoke the domestic and international operating authority of Pacific Networks Corp. and its wholly owned subsidiary ComNet USA, LLC. The FCC determined Pacific Networks and ComNet are indirectly and ultimately owned and controlled by the Chinese government.
