On May 6, 2026, the Eighth Circuit Court of Appeals released a decision vacating the FCC’s Digital Discrimination Report and Order. The court held that “the Commission exceeded its statutory authority in adopting a final rule authorizing the imposition of disparate impact liability,” as well as by “adopting . . . a broad definition of covered entities.” The court further noted that this decision “leav[es] the FCC with an unfinished obligation to ‘adopt final rules to facilitate equal access to broadband internet access service’ in compliance with” the Infrastructure Investment and Jobs Act.
For additional information please see previous blog post FCC Releases Adopted Digital Discrimination R&O and FNPRM.
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