Define Digital Discrimination as 'Intentional,' Not 'Disparate Impact': USTelecom

USTelecom asked the FCC to define digital discrimination as "intentional" instead of relying on a "disparate impact standard," in a meeting with an aide to FCC Commissioner Brendan Carr. It would "contravene Congressional intent" in the Infrastructure Investment and Jobs Act, USTelecom said, per an ex parte filing posted Thursday in docket 22-69. The "existence of a digital divide does not equal digital discrimination and the two should not be conflated," the group said: The IIJA "makes no findings that broadband providers have engaged in digital discrimination." The FCC could consider "further streamlining the Section 214 requirements for discontinuing outdated, legacy services and preempting unreasonable permitting processes and non-cost-based rights of way fees," USTelecom said, and should reject calls for a "strict formula on what an appropriate return on investment is for a provider."