A Nutrition Label for Broadband Service: Where Are We Now?
In November 2021, Congress passed the Infrastructure Investment and Jobs Act (IIJA) which, in addition to funding the single largest federal investment in broadband infrastructure expansion, also mandated the implementation of a broadband nutrition label.
Similar to the nutrition label on the back of packaged food in grocery stores, the broadband label requires the transparent disclosure of broadband pricing and service information to help customers make informed decisions about service.
In November of 2022, the FCC issued a Notice of Proposed Rulemaking detailing how the label will be implemented. Industry and consumer advocates alike submitted nearly 250 filings during the public comment period, which ended in March 2023.
Most recently, the FCC released an Order of Reconsideration in response to three petitions it received from coalitions pushing back on or clarifying the rules outlined in the proposed rulemaking.
FCC Says 'Up To' Amounts Not Transparent Enough
The first petition was submitted by a broad swath of trade groups – including ACA Connects, America’s Communications Association; NTCA, The Rural Broadband Association; NCTA, The Internet & Television Association; The Cellular Telephone Industries Association; and USTelecom, The Broadband Association – and specifically pushed back on the FCC’s proposed requirement that ISPs disclose every one of their fees on the label, as well as requesting permission to list “up to” amounts for fees, citing the amount of administrative work it would take to comply with the requirement.