Broadband Labels FAQ LP
Broadband Labels FAQ
To help providers understand the FCC’s broadband labeling compliance obligations, JSI has prepared the following FAQ.
• Publicly available Ookla Speedtest server
• High performance and connected at 10 Gbps or better
• Connected to the Service Provider's core without any bottlenecks, such as a firewall
Please note that enterprise service offerings or special access services are not “mass-market retail services” and are exempt from the label requirement.
• Enterprise service offerings are typically offered to larger organizations and government customers through customized or individually negotiated terms of their service contracts. The provider or the reseller is not providing a standardized, mass-market service.
• Special access is the non-switched transport of voice and data over a dedicated line between two or more designated points.
The FCC also notes that requiring providers to archive all labels they display will allow the FCC to obtain labels and investigate the accuracy of the labels faster and more efficiently.*
Additionally, labels that include the same information in a conspicuous location and are presented in the same format across providers will enable customers to hold those providers accountable by making inquiries and filing complaints should the services they receive or the prices they pay not match what providers display in the labels. The FCC intends to process and serve informal consumer complaints regarding broadband labels as vigorously as other informal complaints. The labels will have a link to an FCC Glossary page containing information for customers on filing complaints with the FCC.
*The Transparency Rule requires that providers’ information about their broadband service must be accurate and truthful. The FCC monitors how well providers disclose the broadband speed they give consumers and at what price. The FCC is concerned about providers who make false, misleading, or deceptive statements about their services.
JSI anticipates the final order to be approved this Summer (2023), with an enacted compliance date to start the clock. Once the official date is in place, providers with less than 100,000 subscribers will have up to one year to comply, while providers with 100,000 subscribers or more will have up to 6 months to comply.
JSI is actively monitoring this item and will keep you updated on the final approvals and important dates for compliance.
Providers violating the Transparency Rule harm consumers and may be subject to enforcement action, potentially including monetary penalties prescribed under the Communications Act. Broadband label providers can face a $10,000 fine for each violation or each day of a continuing violation, not exceeding $75,000 for any single act or failure to act. 47 U.S.C. § 503(b)(2)(D).
Please note that, as indicated herein, the FCC’s broadband labeling rules are not yet in effect and may still be subject to change by the Commission or other Federal agencies before adoption. Accordingly, the information provided in the FAQ is for general informational purposes only and is based on the most recent information available to the public. Providers interested in compliance requirements specific to actual broadband services may contact JSI for individualized assistance.