Broadband Providers Seek FCC Tweaks to Labeling Requirements

Broadband operators are looking for some movement on broadband “nutrition” labels. Congress mandated the labels so consumers can better gauge just what kind of broadband service they are getting, including price, speed and quality. The Federal Communications Commission then came up with rules for the program, which it released in a Nov 2022 Report and Order. A couple of those rules didn’t sit well with cable-operator groups ACA Connects and NCTA–The Internet & Television Association, which joined in a petition to clarify or reconsider a couple of requirements. A petition that was filed Jan 17, 2023 concerning 1) a requirement that operators itemize federal, state and local government fees being passed on to consumers and 2) a mandate that ISPs “create and retain documentation” regarding “each instance when [a provider] directs a consumer to the label at an alternative sales channel,” i.e. in retail stores or phone interactions. The operators said documenting each instance of a labeling redirect is unwarranted and poses “significant burdens” on operators large and small “with no discernible benefit.” If the FCC wants to make sure an operator is directing consumers to the label, they should accept a general business practices plan to that effect, with documentation retained for two years, the operators said.