Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§1754 Digital Discrimination

Title 47 › Chapter 16— BROADBAND ACCESS › Subchapter IV— BROADBAND AFFORDABILITY › § 1754

Last updated Apr 5, 2026|Official source

Summary

The Commission (the FCC) must create rules so people can get equal access to broadband internet whenever it is technically and economically possible. Equal access means people in the same area should have the same chance to buy a service with similar speeds, capacity, latency, and other quality measures on comparable terms. By November 15, 2023, the FCC must finish those rules. The rules must stop digital discrimination based on income level, race, ethnicity, color, religion, or national origin and must say how to end such discrimination. The FCC and the Attorney General must make sure federal policy bars building or offering service differently because of an area’s income or its main race or ethnicity, or for other factors the FCC finds in its rulemaking record. The FCC must also make model policies for states and local governments and change its complaint system so people can report digital discrimination.

Full Legal Text

Title 47, §1754

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

(a)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)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)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)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)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 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60