Communications Litigation Today was a Warren News publication.
Digital Labels?

Consumers Seek Consistency, Speed, Pricing in Broadband Labels

The FCC’s new consumer broadband labels "must be simple, accurate, and user friendly," said Commissioner Geoffrey Starks during the agency’s second virtual public hearing on the subject (see 2203110064). The FCC is "working to resolve questions" about whether the way consumers use broadband has "significantly changed since 2016 in ways that call for revisions to the format or content of the proposed labels," where the labels should be displayed, how to ensure accuracy of the labels, and the "appropriate time frame" for providers to meet the labeling requirements, Starks said.

The FCC heard from several consumers about their broadband experience throughout the COVID-19 pandemic. “Trying to compare plans has been chaotic,” said Arizona consumer Adero Allison. Georgia consumer Alan Patten said it’s “nearly impossible” to compare one provider’s plan with another. Other consumers cited consistency, speed and pricing as important factors when shopping for broadband plans. ISPs have sought minor changes from the 2016 labels and opposed "esoteric metrics" like packet loss, jitter, or latency (see 2203250053).

We don’t want to overwhelm people with too much information,” said Lorrie Cranor, Carnegie Mellon University engineering and public policy professor. Some information “is going to be confusing,” she said, and adding a digital label or establishing a standard format that is computer-readable could be helpful. Providers should help consumers “figure out what kind of a broadband user they are” and their needs, said University of Oregon communications professor Ellen Peters. “It helps them evaluate the options and it helps them be a better consumer,” she said. The labels should also allow consumers to compare services with the same units, Peters said.

Households need “robust internet connections” and access to devices, said Common Sense Senior Director-Equity Policy Amina Fazlullah. Machine-readable labels “would be really helpful,” she said. The labels are a “real consumer education opportunity,” said Consumer Reports Senior Policy Counsel Jonathan Schwantes. National Digital Inclusion Alliance Executive Director Angela Siefer agreed, saying there’s “a lot of work to be done.” The “hardest to find information” is the “ongoing cost of broadband service,” Siefer said, because promotional rates “have also led to confusion.”

The FCC could require ISPs to list average speeds instead of advertised speeds because “that average speed is going to mean everything” to families that may need to balance online learning or telehealth visits, Fazlullah said. Siefer noted having a digital label is also helpful because it can be presented in multiple languages and allows for “fluidity.” Machine-readable labels on a monthly bill would help consumers, academics and consumer groups know what the average price of broadband is in each market, Schwantes said.

Having a “clear understanding” of prices, speeds and how they relate to consumers’ benchmarks is “going to be really useful to be able to help guide people through pricing and through actual understanding of what type of service they need to purchase,” Fazlullah said. The labels should be able to adjust with time as new technologies emerge so “we’re not playing catch-up as we’re doing right now,” Siefer said.