Advocates for Greater Transparency and Disclosure of Broadband Terms of Service

New America Foundation's Open Technology Initiative (OTI) and the Media Access Project (MAP) met with the FCC's Broadband team to discuss the need for greater transparency in and disclosure of broadband Internet access service providers' terms of service, network management practices, and network performance measurements.

They said Commission oversight should include, at minimum, creating standardized performance metrics and presentation formats that will allow end-users to compare readily and easily the quality of service offerings from competing Internet access providers. The groups say The Commission also should adopt rules mandating disclosure of both basic and detailed broadband service measurements and other information to the public, including to current subscribers who may wish to consider changing providers; potential subscribers that desire information on the speed, reliability, robustness, and price of broadband service in their immediate geographic area; and other broadband users such as application, service, and content developers. Rather than adopting static rules alone, the Commission should establish processes for updating and amending these regulations over time, so that the requirements can evolve with changing technologies and business models in this dynamic space. Nevertheless, as the Public Interest Representatives noted, decisive Commission action and leadership is vital in establishing these processes and adopting formal rules ­ both in conjunction with formulation and implementation of the National Broadband Plan and on a continuing basis thereafter.

While the FCC must seek out and welcome comments from stakeholders such as network scientists, advocacy organizations, industry representatives, and public interest groups, it also must adopt rules to promote greater transparency in the provision of services and infrastructure so essential to our nation's civic, social, political, and economic well-being. Thus, the FCC cannot wait for far-off and potentially elusive industry consensus, nor rely on vague and unenforceable voluntary commitments by broadband Internet access service providers to promote the public interest in this regard.