Additional Information
U.S. Chamber Sues FCC Over Overreaching, Unlawful, and Counterproductive Broadband RuleCase Updates
U.S. Chamber and coalition file opening appellate brief challenging the Federal Communications Commission’s Order captioned “The Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination,” which gives the FCC sweeping authority to regulate nearly all business practices related to providing access to broadband
April 24, 2024
U.S. Chamber and co-petitioners file Fifth Circuit petition for review of the FCC’s Order captioned “The Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination”
January 30, 2024
The U.S. Chamber of Commerce, the Texas Association of Business, and the Longview Chamber of Commerce filed a lawsuit against the Federal Communications Commission (FCC) in the U.S. Court of Appeals for the Fifth Circuit over the Commission’s recent rulemaking that gives itself sweeping authority over the broadband marketplace. The “digital discrimination rule” is overly broad, covering nearly every business practice related to providing access to broadband — including pricing — and exerting authority over any business or local government involved in facilitating that access.
The lawsuit challenges the FCC for exceeding its statutory authority and acting arbitrarily and capriciously in violation of the Administrative Procedure Act. The FCC’s action will also make it more difficult to deploy broadband service to all Americans and communities due to increased compliance costs and stifled private sector investment.
Jeffrey B. Wall and Morgan L. Ratner of Sullivan & Cromwell LLP served as outside counsel.