December 12, 2022

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
45 L Street NE
Washington, DC 20554
Via ECFS

RE: Implementing the Infrastructure Investment and Jobs Act (IIJA): Prevention and Elimination of Digital Discrimination, GN Docket No. 22-69

On December 12, 2022, Sarah Malaier and Stephanie Enyart of the American Foundation for the Blind (AFB) met with Ramesh Nagaragan, D’wana Terry, Sanford Williams, Ramesh Nagarajan, Carmen Scurato, Bradford Berry, and Samantha Sheen of Chairwoman Rosenworcel’s office to discuss the draft NPRM, Preventing Digital Discrimination of Access to Broadband.

As noted in AFB’s comments on May 16, 2022, to this docket, people with disabilities - including people who are blind, have low vision or are deafblind - should be included in the IIJA’s statement of policy to “ensure that all people of the United States benefit from equal access to broadband internet access service.” Sarah Malaier of AFB emphasized that disability should be a protected group in the rulemaking, people with disabilities should be intersectionally acknowledged as members of other protected groups, and to the extent that the Commission faces statutory limitations on the scope of the rulemaking, the inclusion of disability should be considered through other avenues, as well. The experience of disability both causes and is exacerbated by membership in the other categories. In addition, disability may result in individuals encountering unique barriers to access outside of income level, race, ethnicity, color, religion, or national origin. Ms. Malaier urged the Commission to consider ways both within the rulemaking and in concert with the rulemaking to provide notice to covered entities of their obligations not to discriminate on the basis of disability under this law and other telecommunications or civil rights laws as appropriate.

Ms. Malaier also asked the Commission to continue to engage in a whole-of-government approach to address access to broadband and the benefits of broadband, including through eliminating discrimination. Coordination with other government agencies is necessary to address discrimination in the availability of broadband, affordability, quality of service, access to devices used to access the Internet, digital literacy, website and mobile application accessibility, and other barriers that impede the ability of all people to benefit from equal access to broadband internet.

Finally, Ms. Malaier encouraged the Commission to consider adding a question to the NPRM exploring how broadband access or the lack thereof affects access to other rights. For example, the Commission could ask “Are consumers effectively and equitably able to access virtual educational services and programs, vocational rehabilitation services, and other government services through their broadband plan? What effect does lack of access or insufficient access have on their access to and ability to receive such services? Are there follow-on effects from not receiving such services over the internet?”

We appreciate the Commission's efforts in releasing a draft NPRM addressing discrimination in access to broadband. If you have any further questions, please contact Sarah Malaier.

Sincerely,

Stephanie Enyart Chief Public Policy and Research Officer

Sarah Malaier Senior Advisor, Public Policy and Research