Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )

The agency’s November 2023 Order admitted “there is little or no evidence in the legislative history of the Infrastructure Act or the record of this proceeding that impediments to broadband internet access service are the result of intentional discrimination based on the criteria set forth in the statute.” Moreover, the Order does not identify any specific instances of unintentional discrimination. [...] The more onerous the restrictions and obligations that the Commission imposes regarding the details of deploying and providing broadband services, the more likely that such rules would be considered of vast political and economic significance. [...] The Commission’s Proposal Adds to the Legal Problems With the Digital Discrimination Rules Imposed in the November 2023 Order The Commission’s proposed reporting and compliance requirements appear to compound the problem of the agency’s lack of lawful authority for its digital discrimination regulation and enforcement apparatus. [...] The broader the extent to which the Commission’s rules impose liability on ISPs and the more onerous the restrictions and obligations they impose on the details of deploying and providing broadband services, the more likely it is that such rules would be of vast political and economic significance. [...] As the Commission’s November 2023 Order concedes, “there is little or no evidence in the legislative history of the Infrastructure Act or the record of this proceeding that impediments to broadband internet access service are the result of intentional discrimination based on the criteria set forth in the statute.”16 The Order identifies no geographic area or community that is being denied equal ac.