FCC Digital Equity Rules For The Internet Cause Concerns Of Full Government Control | Lisa Remillard

FCC Digital Equity rules for the internet cause concerns of full government control

November 16, 2023

The FCC just approved a plan for what’s called digital equity when it comes to the internet. But does it give the government full control over the internet?

I’m sure you’ve been hearing that and seeing other claims floating around this app and others about what the plan actually does. And not a lot of the people sharing that information know how to give you the full picture. So I’m going to do that with the facts and the receipts in this video. And I want you to keep in mind the facts, receipts and context take time to explain – so if you’re actually interested in what’s going on– just know – this is a deep dive video so I encourage you to take a minute and watch it till the end.

The first thing you have to understand – the FCC isn’t going rouge and just randomly coming up with this digital equity plan. Congress demanded they do it by law when Democrats and Republicans voted to pass the bipartisan infrastructure law two years ago. In that law Congress included the first ever broadband access anti-discrimination provision of the digital age and required the FCC to come up with rules to “prevent” and identify necessary steps to “eliminate” digital discrimination. The law also approved $65 billion to ensure that everyone in America has access to affordable, reliable, high speed internet. Because as you know – if you don’t have access to the internet – in this day and age – you can’t succeed in school or at your job.

So since that law was passed, for the last two years – the FCC has been working to accomplish the demands of congress and this law. They brought in experts and held multiple public hearings addressing all this all of this stuff.

And in April of 2022 they released to the public this digital equity plan. This plan isn’t new. It’s been out there for you to read for more than a year and a half. But it’s stirring up all these issues now – because the FCC voted to ratify the rules yesterday.

So what are those rules? What does this plan really do? Does it actually give the government the ability to have full control of the internet – as you may be hearing.

Well it does several things including

Adopting rules to “facilitate equal access” to broadband internet by preventing digital discrimination of access based on income, race ethnicity, color, religion or national origin and identifies necessary steps to eliminate such discrimination. This rule takes into account technical and economic feasibility of the internet providers.

It adopts rules that prohibit digital discrimination of access.

It amends the FCC’s existing enforcement rules so they specifically authorize investigations regarding digital discrimination of access.

Revises the commissions informal consumer complaint process to provide a new portal for consumers to easily file complaints against broadband internet companies, the consumer believes are violating these new rules.  

Ok – that’s what the document says. No where in the document is there any word, phrase or paragraph that directly says or even indirectly implies the United States government could “take control of” the whole internet. I’m not even really sure how that could be possible.

But – like everything the US government does. There is politically charged language in this rule. You may have actually caught it when I was reading it to you. The whole concept that “internet digital discrimination” is a thing – is a controversial concept. It’s one the president has believed – since he took office – is real. And it’s something most republicans don’t think is real.

This new FCC rule defines “digital discrimination” as a policy or practice of an internet company, that impact customers’ access to broadband internet based on their income level, race, ethnicity, color, religion, or national origin – or policies or practices that are intended to have treat broadband customers differently. Now – according to the bipartisan infrastructure law, the f-c-c must take into consideration the fact that for some of these internet companies —   there are legitimate technical or financial reasons that prevent the company from providing equal access to broadband service in particular communities. And those reasons are real too.

The thing is – this rule has an enforcement mechanism if internet companies are found to have practices that digitally discriminate when it comes to broadband access the FCC can investigate, try and come up with solutions, but if the companies don’t budge and they don’t have a legitimate technical or business reason why —  the FCC can impose penalties on the companies.

 And that is where this idea of the government “taking over the internet” comes from. Actually, it comes from this guy. Brendan Carr. He’s an FCC commissioner appointed by former President Donald trump. If his name sounds familiar – it should – we talked a lot about him last year when he was very very vocal about trying to get TikTok banned. Carr – voted against this digital equity plan yesterday. And he wrote a 9 page statement about why.  The very first line says “the Biden administration’s entire approach to the internet—its broadband agenda, if you will— can be boiled down to one word:  control.”

His statement goes on to say this new FCC rule “controls” these companies by “micromanaging” where they should build their broadband infrastructure, how they market and advertise their services and he doesn’t like the federal programs congress established to reduce the cost of internet for low income Americans. He says this is not free market capitalism.  He says this agenda of expanding access to broadband internet across the country is “skyrocketing” costs, causing delays and adding unnecessary “red tape.” And Carr isn’t alone.

Republican Senator Ted Cruz and 27 of his republican colleagues sent a letter to the FCC saying this rules are too broad and they are an “existential threat” to these internet business because they would “punish the practical business choices and profit-related decisions that sustain a vibrant and dynamic free enterprise system.”

Draft Digital Equity Rule here.

Read the notice from the FCC here.

Read the dissent from Commissioner Carr here.

Read the letter from the GOP Senators here.

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