Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§1754 Digital Discrimination

Title 47 › CHAPTER 16 — BROADBAND ACCESS › SUBCHAPTER IV — BROADBAND AFFORDABILITY › § 1754

Last updated Sep 22, 2026|Official source

Summary

Requires the Federal Communications Commission (FCC) to make rules so people can get equal access to broadband internet from a provider in their area, as much as is possible given technology and cost. "Equal access" means people in the same area should have the same chance to buy service that has similar speeds, capacity, delay (latency), and overall quality, under similar terms. Not later than 2 years after November 15, 2021, the FCC must adopt final rules that stop digital discrimination based on income, race, ethnicity, color, religion, or national origin and say how to end that discrimination. The FCC and the Attorney General must push federal policies that ban building or deploying broadband in ways that discriminate against areas because of income or the area's predominant race or ethnicity (and other factors the FCC finds relevant). The FCC must also create model state and local policies and change its complaint process so the public can report digital discrimination.

Full Legal Text

Title 47, §1754

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(a)Statement of policy

It is the policy of the United States that, insofar as technically and economically feasible—

(1)subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service;

(2)the term “equal access”, for purposes of this section, means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions; and

(3)the Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service.

(b)Adoption of rules

Not later than 2 years after November 15, 2021, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including—

(1)preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and

(2)identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1).

(c)Federal policies

The Commission and the Attorney General shall ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination based on—

(1)the income level of an area;

(2)the predominant race or ethnicity composition of an area; or

(3)other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b).

(d)Model State and local policies

The Commission shall develop model policies and best practices that can be adopted by States and localities to ensure that broadband internet access service providers do not engage in digital discrimination.

(e)Complaints

The Commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1754

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110