Mr. Chair, section 60506 of the IIJA mandates that the FCC develops a regulation to prevent digital discrimination of broadband access based on income level, race, ethnicity, color, religion, or national origin. Progressive groups and FCC Democratic Commissioners want to use this provision to promulgate a regulation that goes beyond intentional discrimination. They want to include disparate impact as a form of discrimination under the rule. Under a disparate impact analysis, evidence of discrimination can be found solely in the outcome of certain practices. Essentially, internet service providers would have to provide the same exact product at the same speed to every customer in order to avoid a potential government investigation. If there is even a small difference in connectivity in an area inhabited by low-income individuals in comparison with wealthier areas, the FCC could claim the provider is guilty of discrimination under the draft rules promoted by these progressive groups and FCC Democrats. Mr. Chair, I encourage my colleagues to vote ``yes'' on this amendment, and I reserve the balance of my time.
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