NTCA filed an amicus curae (“friend of the court”) brief supporting other industry petitioners who are appealing the FCC’s recent Digital Discrimination Order. Trade associations representing the broadband, construction, and small business industries appealed the Order, which introduced the potential for sweeping review of independent business decisions. Twenty state attorney generals also filed collectively as amicus curae.
In the filing, NTCA focused on small business impacts, explaining that the language of the IIJA does not permit the FCC to impose rate regulation or oversee marketing and advertising of ISPs. NTCA also argued that the FCC standard for economic and technical infeasibility cannot reasonably be met by ISPs.