Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
Broadcasters and the FCC’s Republican commissioners say the agency’s order -- approved 3-2 Thursday -- requiring that broadcasters publicly share annual workforce demographic data is unconstitutional and the courts will knock it down, as it has similar regulations. Still, the agency and public interest advocates argue this version is different.