January 30, 2024


WASHINGTON, D.C. — Today, 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.  

“The U.S. Chamber supports expanded access of fast, affordable, and reliable internet — driven by private sector innovation — to connect all Americans,” said Neil Bradley, Executive Vice President, Chief Policy Officer, and Head of Strategic Advocacy at the U.S. Chamber of Commerce. “Unfortunately, the FCC's new rule will hinder efforts to bridge the digital divide — hurting the very people it aims to help. This rule not only empowers the Commission to micromanage the internet, but it also subverts the badly needed broadband investments included in the Infrastructure Investment and Jobs Act — making the task of connecting all Americans more difficult.  

“For unserved communities and small businesses, being connected to education, family, healthcare, and other opportunities is essential to participating in the 21st-century digital economy. The FCC should focus on expanding connectivity, not expanding its powers beyond what Congress intended."  

The full petition for review is available here.