Implementing the Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination
In this document, the Federal Communications Commission (Commission or FCC) seeks comment on potential rules to address digital discrimination of access to broadband internet access service. The document proposes to adopt a definition of "digital discrimination of access" as that term is used in section 60506 of the Infrastructure Investment and Jobs Act and seeks comment on further details of the definition, including its scope and the appropriate legal standard. The document proposes to revise the Commission's informal consumer complaint process to accept complaints of digital discrimination of access, and it proposes to adopt model policies and best practices for states and localities combating digital discrimination. The document also seeks comment on other rules the Commission should adopt to facilitate equal access and combat digital discrimination, and the legal authority for adopted rules.
What this rule actually says
The FCC is proposing rules to prevent broadband internet providers from discriminating when they decide which services get fast speeds and which get throttled. The rule aims to stop situations like an ISP intentionally slowing down a competitor's video app or blocking access to certain websites. Right now this is still in the "comment period" phase—it's not yet law.
Who it applies to
- If you're building an AI app that runs over the internet: This *might* affect you down the line, but only if your users' ISPs deliberately throttle or block your service.
- If you're an ISP or broadband provider: This applies to you directly. Most indie founders aren't.
- If you process user data through broadband: You're not the target. The rule is about ISP behavior, not what you do with data.
- Jurisdictions: This is federal FCC regulation, so if your users are in the US, it could matter.
- AI use cases that DON'T trigger this: Medical scribes, hiring assistants, support chatbots—none of these are regulated by this rule unless an ISP blocks them.
What founders need to do
- Do nothing right now (~0 days). This is still proposed. The FCC is taking public comments; it hasn't become law yet.
- Watch for finalization (~5 minutes quarterly). Check the FCC docket occasionally over the next 1-2 years. When it's finalized, you'll want to know if language changed in ways that matter to your product.
- Document your baseline (~1 day, optional). If you operate in regions where this becomes law, keep records of your app's speed and availability. If users later claim an ISP blocked you, documentation helps you prove it wasn't your fault.
- Flag edge cases with legal (~2-4 hours, only if relevant). If your app involves broadband infrastructure decisions or you're building something ISPs might compete with, have a lawyer glance at the final rule once it's published.
Bottom line
Monitor, don't act yet. This regulation targets ISP behavior, not indie founders—unless your business somehow involves being an internet provider. Check back in 12-18 months when (or if) the FCC finalizes it.