Postcard to Welcome FCC Chair Tom Wheeler

In yet another bruising blow in the fight to ensure equitable access to high-speed Internet service, an appeals court struck down federal rules this week that aimed to combat digital redlining. Though the FCC had not exercised its anti-digital discrimination authority in a single instance, the US Court of Appeals for the 8th Circuit ruled that the FCC had exceeded its authority by even having a rule that threatened to impose liability on ISPs for “disparate impact,” instead of relying on instances of “disparate treatment.”

Congressmembers Rob Menendez, Doris Matsui (CA-07), Nanette Barragán (CA-44), and Troy Carter, Sr. (LA-02) have introduced new legislation that would compel the Federal Communications Commission (FCC) to re-establish the Communications Equity and Diversity Council. The Council had operated in some capacity since 2003 under multiple partisan administrations to make the communications sector more equitable and reduce digital discrimination, until FCC Chair Brendan Carr arbitrarily disbanded it in January 2025.

When Congress passed the Telecommunications Act of 1996, it sought to modernize regulatory structures for the digital age. Three decades later, architects of the ‘96 Act say it achieved many of those goals, but numerous legal challenges reshaped how key provisions were implemented.

In late 2024 the Biden FCC implemented a new rule requiring that broadband providers include a “nutrition label for broadband", but a lack of enforcement made their impact lukewarm, and now the new FCC is looking to water down their effectiveness even more.

This week, the Institute for Local Self-Reliance joined with other public interest groups and Tribal nations to urge the Federal Communications Commission (FCC) to adopt a Tribal Licensing Window in the upcoming auction of Upper C-Band spectrum.

The Trump FCC has announced that it's taking formal steps to weaken or eliminate the rules as part of the agency’s broad, frontal assault on consumer protections. On October 30, the The Trump FCC under Brendan Carr voted in favor of a Notice of Proposed Rulemaking (NPRM) to eliminate or weaken the rules; especially requirements that ISPs transparently detail itemized fees buried in their advertised prices.