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On March 17, 2022, the Commission released a Notice of Inquiry commencing this proceeding and seeking broad comment on the statutory language and rules we should adopt consistent with Congressional direction.  The Commission received substantial public comment from a range of stakeholders representing interests from the civil rights community, state and local governments, and broadband service providers of various sizes, technologies, and business models.  The record reflects diverse perspectives on the nature and causes of digital discrimination of access, how to construe section 60506 and the authority it offers us, and the steps we should take to fulfill the Infrastructure Act’s direction.

The Notice of Proposed Rulemaking seeks to identify the harms experienced by historically excluded and marginalized communities; provide a groundwork for meaningful policy reforms and systems improvements; establish a framework for collaborative action to promote and facilitate digital opportunity for everyone; and seek more focused comment on the Commission’s implementation of section 60506.  These goals follow express Congressional direction in section 60506 of the Infrastructure Investment and Jobs Act to ensure that all people of the United States benefit from equal access to broadband, including by preventing and identifying steps to eliminate digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin.

On November 15, 2023 the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking.  In the Report and Order, the Commission adopted rules pursuant to section 60506 of the Infrastructure Act that establish a framework to facilitate equal access to broadband internet access by preventing digital discrimination of access. These rules address policies and practices that impede equal access to broadband, while taking into account issues of technical and economic feasibility that pose serious challenges to full achievement of the equal access objective.  In the Further Notice of Proposed Rulemaking, the Commission proposes rules regarding affirmative obligations for broadband providers, through:  (1) annual reports that facilitate greater transparency regarding substantial broadband projects recently completed by providers, and (2) internal compliance programs requiring periodic evaluation of the demographics of communities served and not served by such recently completed projects, as well as pending and planned substantial projects.  The Commission also seeks comment on establishing an Office of Civil Rights.

Overall Description of Deadline: Under section 60506 of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, 135 Stat. 429, 1245-46 (2021), codified at 47 U.S.C. 1754, the Commission is required to adopt rules to facilitate equal access to broadband internet access service.  In satisfying that obligation, section 60506(b) requires the Commission to adopt rules by November 15, 2023.