FCC Broadband Labels NPRM Likely to Get 4-0 OK

A draft FCC NPRM to adopt consumer broadband labels is expected to be unanimously approved during Thursday’s commissioners’ meeting, aides told us. The item is likely to take up the bulk of the meeting as most agenda items were adopted in advance (see 2201260016).

The Infrastructure Investment and Jobs Act requires the FCC to initiate a rulemaking to establish such labels and gave the agency one year to adopt final rules (see 2201060057). It also directs the agency to adopt labels similar to what was introduced in 2016, with one of the main changes being that they would be required instead of voluntary for ISPs. "The Chairwoman sets the agenda and she, along with her colleagues, decided to vote the four items removed from the agenda early so as to focus the meeting on the remaining items," emailed an FCC spokesperson.

NCTA was the only group to lobby FCC aides on the draft item. It held separate meetings with aides to Chairwoman Jessica Rosenworcel and Commissioners Geoffrey Starks and Brendan Carr. NCTA sought to include additional questions in two areas. One of the questions should be on the “scope of broadband service plans to which the labels requirement should apply" and whether the labels should apply for legacy or grandfathered plans, said an ex parte letter posted Friday in docket 22-2. NCTA also proposed adding a question to the draft's section on direct notification of term changes on the "costs and benefits of a direct notification requirement and any alternative approaches."

“Cable operators are committed to providing consumers with relevant information about broadband services,” emailed an NCTA spokesperson Wednesday: The group “was involved in the development of the original broadband nutrition label in 2016 and we look forward to working with the FCC on implementation of the label provisions in the Infrastructure Act."

Consumer advocacy groups largely welcomed the draft despite industry pushback anticipated on an NPRM (see 2201180055). ISPs would be required to display a label and disclose that information to consumers, said New America’s Open Technology Institute Policy Analyst Claire Park. There’s “no room for doubt” that the labels would be a requirement for ISPs, said Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman. Whether legacy or grandfathered plans could be phased out of that requirement will be debated during the comment period, he said.

There’s “so much information we could have providers give,” Park said, and the question becomes how to make sure that information is easy to understand and useful for consumers. If a provider plans to change the terms of a service it’s offering, OTI "would support notifying consumers as soon as possible” and “updating labels as soon as possible,” Park said.

Also expected to receive unanimous approval at Thursday's meeting is an order expanding the definition of tribal libraries in the E-rate program. The item was considered noncontroversial and the last step to an NPRM that was also unanimously approved in September (see 2110010070). A national security item and Enforcement Bureau item will also be considered.