Industry Urges FCC to Refrain from Additional Changes to Broadband Labels

Industry groups and ISPs asked the FCC to refrain from adopting significant changes to its broadband consumer labels, in reply comments posted Friday in docket 22-2 (see 2302170046). Some urged the FCC to allow providers to fully implement the labels and analyze their usefulness before considering modifications. Consumer advocates sought additional information about pricing and speed data, with some raising concerns about the use of hyperlinks.

Additional requirements would "disrupt the balanced approach" the FCC took when it adopted the new label, said ACA Connects. There’s “no reason to presume that any major additions to the rules would materially improve upon the commission’s first attempt,” the group said. The FCC should "assess whether and to what extent the existing rules are achieving their purpose before considering changes," said NTCA and the Wireless ISP Association in joint comments. Congress "sought simplicity in requiring the creation of an easy-to-follow label," the groups said, asking the FCC to "resist unnecessary changes that will add cost, burden, and confusion to the label requirements for providers of all sizes."

Any modifications to the label "without seeing how the labels actually work for consumers would be counterproductive," said USTelecom. There's "not yet real-world experience as to how consumers will understand and interact with the labeling requirements that the commission already adopted," said T-Mobile. The carrier urged the FCC to allow the use of hyperlinks to give consumers additional information rather than requiring it be added to the label. It also opposed changes to the translation and accessibility requirements.

Hyperlinks place information about promotional rates "just out of reach for those that do not have the time or digital literacy skill to hunt for additional information," said Consumer Reports and Next Century Cities in joint comments. Including this and information about network management practices "does not risk overwhelming consumers. Including this information in clear, easy-to-understand language does not risk overwhelming consumers," the groups said. Colorado cities Longmont and Loveland also backed including information about network management practices in joint comments. Increased pricing transparency "is a key component of the effective implementation of the broadband labels," said the Greenlining Institute. The group asked that bundled services be subject to the labeling process.

Don't require additional information about a provider's cybersecurity practices, said CTIA: "Cybersecurity practices cannot be captured in a useful way in the space available on a broadband label, and it is not even clear what information consumers would find useful." The group also opposed requiring a more granular level of information on performance measures. USTelecom agreed cybersecurity disclosure requirements would be "dangerous."

Broadband speeds “vary so much from time to time and from location to location due to a multiplicity of factors that there is no accurate or reliable alternative summary or description that can be accommodated on broadband labels,” said WTA. The group suggested providers be permitted to make additional information about variations in their actual service speeds on their websites. NCTA sought clarity on how providers should display "typical" speed and latency information. The "lack of standardization may make it difficult for consumers to accurately compare" services, the group said. NCTA suggested using a "percentile-based metric." The National Digital Inclusion Alliance backed a standardized approach, asking the commission to also conduct "routine user experience research" to ensure the labels are accessible.