News-FCC-Digital-Discrimination-Rule-Struck-Down-2026
May 6, 2026 — The US Court of Appeals for the Eighth Circuit unanimously struck down FCC rules that prohibited discrimination in broadband internet access, ruling the agency exceeded its statutory authority under the Infrastructure Investment and Jobs Act.[1]
The three-judge panel, all Republican appointees, vacated the 2023 FCC rule on two grounds. First, the court held that Congress did not authorize disparate impact liability—the FCC rule had covered unintentional discrimination where neutral policies disproportionately affect protected groups, but the court said the statute only authorized enforcement of disparate treatment (intentional discrimination). Second, the court found the FCC improperly extended rules beyond broadband providers to include contractors, infrastructure owners, and other entities involved in broadband delivery.[1]
FCC Chairman Brendan Carr, who voted against the rules in 2023, welcomed the decision. Public Knowledge Legal Director John Bergmayer criticized the ruling, noting the practical effect eliminates a rule addressing documented disparities in broadband access for lower-income neighborhoods and communities of color.[1]
The FCC retains an obligation under 47 U.S.C. § 1754 to adopt final rules facilitating equal access to broadband, though any new rulemaking will be judged against the post-Chevron deference framework established by the Supreme Court in 2024.[1]