The Commissioner Simington dissent at https://docs.fcc.gov/public/attachments/DOC-398477A5.pdf covers this issue fairly well. The Fair Housing Act disparate impact rule has several constitutional safeguards, the only reason why the Supreme Court upheld it in the Inclusive Communities case, that this one does not. Most importantly, it has a defense for "legitimate, nondiscriminatory" business decisions, such that disparate impact protects people only from "artificial, arbitrary, and unnecessary barriers." So you can comply by just making rational business decisions. Here, you can't, you have to take into account race because the only defense is "economic or technical infeasibility."
