Broadband Providers Petition FCC for Broadband Label Clarification

Broadband operators, including those represented by ACA Connects and NCTA–The Internet & Television Association, have asked the Federal Communications Commission to either clarify or reconsider two requirements in rules implementing consumer broadband labels that they say may not pass legal muster otherwise. Congress mandated the labels so consumers can better gauge just what kind of broadband service they are getting, including price, speed, and quality. In a joint petition for clarification or reconsideration filed with the FCC, the associations said they generally support the adoption of the regulator’s label rules, which are based on the FCC’s 2016 voluntary labels. They do, however, have a bone to pick with the following two regulations they say “depart“ from that 2016 regime:

• The first is the requirement that operators itemize state and local government fees;
• The second is the mandate that broadband providers “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 associations said the first requirement could cause “significant” confusion for consumers and create unnecessary complexity for providers. Without both clarifications, they warned, the FCC may be violating various laws including the Administrative Procedure Act, the Paperwork Reduction Act and the Infrastructure Investment and Jobs Act, which created the labeling mandate.