Court vacates former FCC’s rule on digital equity

In the Infrastructure Investment and Jobs Act of 2021, Congress tasked the Federal Communications Commission (FCC) with adopting rules to prevent digital discrimination of access to broadband by consumers. The prior FCC under Chair Jessica Rosenworcel sought comment on various ways the agency could implement the statute and adopted a rule accordingly.

But this week, the U.S. Court of Appeals for the Eighth Circuit struck down that rule, finding that the Rosenworcel FCC overstepped the limits on its statutory authority.

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