Benton Seeks to Intervene for FCC in Digital Discrimination Petitions for Review
The Benton Institute for Broadband & Society seeks to intervene on the FCC’s behalf in most of the petitions for review, now consolidated in the 8th U.S. Circuit Court of Appeals (see 2402120077), that seek to vacate the commission’s Nov.…
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20 digital discrimination order, said the institute’s motion Tuesday. Benton’s own petition for review (docket 34-1317) challenges portions of the FCC’s order pertaining to its absence of a formal complaint process and the order’s treatment of providers that receive broadband, equity, access and deployment funds under the 2021 Infrastructure Investment and Jobs Act (see 2401310003). Though Benton seeks review “of a few elements of the agency decision at issue in these cases, it supports all other parts of that order,” it said. The rules under review in the Nov. 20 order “will advance broadband deployment and adoption by prohibiting discriminatory practices,” said the motion. Benton “will benefit from successful implementation and enforcement of those rules,” it said. If the order under review is reversed or vacated as a result of the grant of all or portions of the petitions for review, Benton “will have to expend additional institutional resources to combat discriminatory practices that impede or preclude additional broadband deployment and adoption,” it said. Benton’s motion to intervene specially excludes the petition filed by the Media Alliance and Great Public Schools Now (docket 24-1319), it said. It’s evident that the petitioners in that docket “are similarly situated with Benton as to the issues for which they seek review,” said the motion. Benton has contacted all the parties through its counsel, and all have stated that they won't object to the grant of the motion, it said.