The Federal Communications Commission launched a new proceeding proposing to eliminate certain broadband label requirements and seek comment on other ways to streamline the broadband label rules to reduce compliance burdens. This Further Notice of Proposed Rulemaking is the latest chapter in a story that dates back at least to 2009, and the outcome could greatly impact the information consumers have available to them when they are subscribing to broadband plans.

Background

New America’s Open Technology Institute first proposed a version of a standardized broadband label in 2009, and the FCC included its first broadband transparency rule in the 2010 Open Internet Order. The rule mandated that network practices, performance characteristics, commercial terms, monthly price, actual and expected internet speed, and fees for early termination had to be disclosed to consumers at the point of sale. The rule did not, however, mandate any specific format for delivering that information. 

After court challenges to the 2010 Open Internet Order, the FCC issued a second Open Internet Order in 2015. These rules required broadband internet service providers to disclose:

• the full monthly service charge, including promotional and standard rates, all one-time and/or recurring fees, and whether data caps would be imposed;
• performance metric data specific to geographic location; and 
• if the consumer’s internet usage would trigger “a network practice” likely to affect their service, as when, for example, a data cap triggers “throttling” or significant overage fees.

In 2017, under FCC Chairman Ajit Pai, the FCC rescinded the 2015 rules, including transparency standards.

In 2021, Congress mandated that the FCC adopt rules requiring broadband internet service providers to display, in the form of labels, information regarding their service plans. The goal of the label rules was to provide information that empowers consumers to choose services that best meet their needs and match their budgets, and ensure that they are not surprised by unexpected charges or service quality that falls short of their expectations.

The rules require broadband internet service providers to display, at the point of sale, a broadband consumer label containing critical information about the provider’s service offerings. This includes information about pricing, introductory rates, data allowances, and performance metrics. The rules require that providers display the label for each stand-alone broadband internet access service they currently offer to new customers for purchase, and that the label link to other important information, such as network management practices, privacy policies, and other educational materials.

The requirements for the label’s format and display location are to ensure consumers can make side-by-side comparisons of various service offerings from an individual provider or from alternative providers—something essential for making informed decisions. Labels must be accessible for people with disabilities and for non-English speakers. And the FCC is enabling third parties to easily analyze information and help consumers with their purchase decisions by requiring providers to make the label content available in a machine-readable format.

The rules took effect on April 10, 2024, for most providers and on October 10, 2024, for providers with 100,000 or fewer subscriber lines. Requirements to make label information available in machine-readable format and to make labels available in customers’ online account portals took effect on October 10, 2024, for all providers.

Why Has the FCC Launched this New Proceeding?

In this new proceeding, the FCC notes that some commenters have suggested the elimination of several label requirements because they are burdensome, are not mandated by the Infrastructure Act, and/or provide minimal consumer benefit.

• The Taxpayers Protection Alliance, for example, said the FCC should reexamine its implementation of broadband labels because "[t]his information is too technical for many consumers to find practical, and also leads to too much focus on cost at the expense of reliability.
• The International Center for Law & Economics said that some of the broadband label rules may exceed the FCC’s mandate in the Infrastructure Act, and for that reason, the Commission should revise the rules.
• Industry lobbying groups like the Competitive Carriers Association, CTIA—The Wireless Association, WISPA—The Association for Broadband Without Boundaries, and the U.S. Chamber of Commerce all voiced concerns about the rules.

Of course, other groups (including the Benton Institute for Broadband & Society) argue that the labels provide an essential benefit to empowering consumers by making the total costs of receiving broadband service more transparent. And, you know, it's the law, baby.

FCC Chairman Brendan Carr said the Commission will launch the proceeding "so that we can separate the wheat from the chaff." He added, "We want consumers to get quick and easy access to the information they want and need to compare broadband plans (as Congress has provided) without imposing unnecessary burdens."

Proposed Changes

Chairman Carr is proposing to retain core transparency requirements, including:

• Point-of-sale display on websites and physical locations
• Pricing information (including introductory rates)
• Speed and latency metrics
• Data allowances and contract terms
• Network management practices

However, Chairman Carr is also proposing to eliminate requirements that providers:  

1. Read the label to consumers over the phone. The proposal claims that reading entire labels verbatim during phone sales is confusing and burdensome.
   • Public interest advocates believe that consumers should be able to comparison shop over the phone by getting apples-to-apples information from different providers.
2. Itemize state and local passthrough fees that vary by location. State/local fees that differ by consumer location (like pole rental fees) wouldn't need individual itemization.
   • Public interest advocates that any flexibility on this should be backstopped with a requirement that the consumer is shown a full breakdown during the sale process prior to confirmation. And the disclosure must continue to be clear that these are charges by the provider, not the government.
3. Provide information about the now-concluded Affordable Connectivity Program (ACP). The ACP ended in June 2024, so references to it now are obsolete.
   • In lieu of permanent elimination of the rule, advocates have suggested that the FCC should issue guidance on a) any future affordability program and b) informing subscribers of Lifeline or other affordability programs where appropriate.
4. Display labels in customer account portals. The proposal states that post-sale label display in online accounts may cause confusion as prices change.
   • Consumer advocates want to ensure that broadband customers have a way to check and see what service they are subscribed to and to compare any changes to the service.
5. Make labels available in machine-readable format. The proposal claims that requirements for spreadsheet files at dedicated URLs add technical complexity without any clear consumer benefit.
   • Advocates believe that machine-readable data greatly benefits consumers' comparison shopping.
6. Archive labels for at least two years after a service is no longer offered to new customers. The proposal claims that retaining old labels after services are discontinued is administratively burdensome.
   • Without archives, consumers will have to rely on contemporary reporting and will not be able to access information about what services were previously available.

The FCC is also seeking public comment on streamlining and eliminating any other label requirements, such as the multilingual display requirement.  Finally, the FCC proposes to end an earlier inquiry into new requirements for broadband labels. 

Next Steps

The FCC adopted the Further Notice of Proposed Rulemaking (FNPRM) at its October 28 open meeting. The FNPRM must now be published in the Federal Register. The public will have 30 days after that publication to file comments on the FCC's proposal. Replies to those initial comments will be due 60 days after publication. Commenters should reference CG Docket No. 22-2. The FCC will likely adopt new broadband label rules in the second half of 2026. 

The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.

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