That's right, but that's not what the rule says. The rule says that if your business decision, totally unbeknownst to you, has a disparate impact on a particular racial/ethnic/religious/income group, then you're in violation.
If you have enough data to reliably identify your most profitable neighborhoods, I guarantee that data tells you something about their demographics. Any ignorance of disparate impacts, whether on racial lines or wealth or anything else, is willful.
> The rules define “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.” As the law requires, the FCC will consider arguments that legitimate business impediments preclude equal access to broadband service in particular communities.
https://docs.fcc.gov/public/attachments/DOC-398477A1.txt
I doubt people would have the same reaction if they realized it was primarily about income and not race. But everyone loves to talk about race.
I think your claim that this is a path to rebuilding systemic racism and not a means to end it is a misunderstanding of the "systemic" aspect of systemic racism. Because it is systemic, the system itself will naturally reinforce the impact of the racism unless significant counter forces are applied against it.
The fact that a business making decisions to deploy resources geographically to maximize revenue (for services that ought to have nothing to do with race) might reasonably worry that they might unintentionally lead to an impact that has a discernible racial bias, is a demonstration of exactly this phenomena.
So no, you're not going to end it by making decisions ignoring systemic disenfranchisement. To end it, you are definitely going to have to be mindful of how the system might have impacts that reflect (and thereby amplify) the bias of the system, not the decision.
That's not a "paper", it's the final rule that the FCC adopted. And it applies to race, ethnicity, religion, and income level equally.
Racial discrimination and redlining correlating with poor access to broadband was a factor in the analysis, but they also looked at rural/urban access splits and income disparity related lack of access too.
I haven't read through the whole thing yet, it's very long, but the emphasis seems to be on forcing telecoms to build out access in areas that are historically underserved when the reason is they would make less money (different than 'at a loss') rather than serving an area with existing access that might present better margins.
The linked article starts by drawing comparisons to redlining in the very first paragraph.
There is a long history of telecoms getting subsidies under terms like what you say, failing to do what they are supposed to, not being punished for it (I suspect corruption from regulatory capture), and then pushing for more subsidies for the problem. Admittedly this comes with a certain amount of showy punishments and appropriate prostration of telecom execs. However that amounts to a slap on the wrist, and then business as usual.
Given that this cycle has been going on for decades, there is every reason to believe that this is just another round.