(Sacramento, CA) – Assemblymember Mia Bonta (D-Oakland) has introduced AB 2239, groundbreaking legislation that will make California the first state in the nation to codify the Federal Communication Commission’s newly adopted definition of digital discrimination as California law.
Last November, the FCC defined “digital discrimination of access” as, “policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers; access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact.” These federal rules were adopted following a multi-year rulemaking process during which the FCC received and engaged extensive formal input from digital equity advocates, industry stakeholders, and others.
“Despite historic public investments to close the digital divide, low-income communities of color across the state remain disproportionately disconnected, stranded on the wrong side of the digital divide,” said Assemblymember Bonta. “To the extent that there are policies and practices that serve to exacerbate this persistent inequity – even when that is not the intent – we must put an end to them. That is my intent with AB 2239.”
Establishing a definition of digital discrimination for the State will be instrumental in ensuring California’s historic investments of nearly $8 billion in state and federal funds in broadband infrastructure are deployed equitably. Co-sponsors of the legislation include the California Alliance for Digital Equity, #OaklandUndivided, the California Community Foundation, NextGen California, and The Children’s Partnership, and it is expected to earn the support of dozens of digital equity advocates across California.
“It is imperative that California does more to protect historically marginalized residents from internet service providers’ discriminatory practices and continued disinvestment in low-income and Black and brown neighborhoods,” said #Oakland Undivided Director Patrick Messac. “Mountains of data demonstrate that fast, affordable broadband is more accessible in high-income and predominantly white neighborhoods across the State. This legislation will make these discriminatory business practices a thing of the past.”

