By: Victoria Nash
“Folks from across the ideological spectrum put into law that broadband is essential; that the digital divide disproportionately harms people of color, low-income communities, and rural areas; and that this divide is hurting the competitiveness of the United States. A bipartisan majority in Congress gave the FCC a new mandate to address digital discrimination, and that’s what our rules will do.”
-FCC Chairwoman Jessica Rosenworcel, UnofficialAnnouncement of the Commision Action (Nov. 14, 2023)
The digital divide has always remained an ever-present issue in the U.S. and was only further exposed during the Covid-19 Pandemic. There are still large digital discrimination issues occurring in the U.S. today. According to the National Telecommunications and Information Administration, 1 in 5households are not online. Barriers to online access include the high cost of internet, limited access to devices to get online, andlimited access to use locations with stable internet. The number of households without internet is alarming, but the lower income folks who are lacking internet access is discriminatory in practice. For example, the telecommunication companies claim they provide networks equally, however, lower income neighborhoods have slow and unreliable internet, if they can even find have an access point. Currently, The FCC is in the process of passing regulations to prevent and eliminate discrimination by looking into telecommunication company’s business discriminatory policies in low-income areas.
According to the Robert Wood Johnson Foundation, digital redlining is defined as “major network providers systemically excluding low-income neighborhoods from broadband service – deploying only sub-standard, low speed home internet.” Considering we live in highly digital world, lower income communities are greatly disadvantaged with no internet or slow internet. These groups are also greatly disadvantaged in regard to key services, because the internet provides access to essential services such as telehealth, virtual doctors appointments and other services strictly online. Low-income people of color also lack access to employment opportunities only available through the digital world, including online job applications and postings. According to Harvard Business Review, “70% of Black and 60% of Hispanic respondents report being underprepared with digital skills, affecting their employability.” Clearly, there are differences in internet coverage where a person lives. The Communication Act passed in 1934 barred discrimination usingphones and radios, however, we see these discriminatory outcomes today with access to the internet. We need a change in infrastructure to accommodate those without broadband accessand a change in common carrier business practices that keep low-income families in low-income earning capacity.
The Telecommunications Act was passed in 1996, which is one of the first instances of implementing non-discriminatory communications practices. According to 47 U.S.C. § 1302 (b), if the commission determines that advanced telecommunications capabilities are not being deployed in a reasonable and timely fashion, there will be immediate action to remedy the issue “by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” On paper, this law sounds great to families experiencing digital discrimination, however, the act was passed in 1996, and 1 in 5 households still do not have a broadband connection. Although, in 1996, the FCC did not have the advantage of the Open Internet Order passed in 2010.
The Open Internet Order provides explicit language barring discrimination of the use of internet. One of the three rules of the Open Internet Order is (1) transparency, (2) no blocking, and (3) no unreasonable discrimination. In more detail of unreasonable discrimination, “fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.” The FCC also claims that “the internet is a level playing field,” however, 14 years later there is still a wide gap in internet services.
The Federal Communication Commission are improving communication standards in the United States on paper. The FCC adopted on November 15, 2023, rules to prevent and eliminate digital discrimination, these rules will target discriminatory business practices that differentially impact consumers access to broadband internet access. I am optimistic that the FCC will look into these unjust business practices. However, there needs to be more enforcement and heavier fines to these telecommunications companies who are discriminating against lower income neighborhoods. As noted above, telecommunications companies are a large factor in hindering lower income employability because they lack the practice and skills that the middle and upper-class access daily. Therefore, this digital divide affects all classes and the competitiveness of the future work force.
Student Bio: Victoria Nash is a second-year J.D. candidate at Suffolk University Law School and is a staff writer for the Journal of High Technology Law. Victoria is passionate about Environmental and Maritime Law. She received a Bachelor of Arts Degree in Sociology on the Social Justice Track from the College of the Holy Cross.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
