Providers: Are You Prepared for Broadband Label Requirements?

The Federal Communications Commission’s (FCC’s) broadband label requirements take effect as soon as April 10, 2024, but preparation to meet this deadline—including extensive documentation and information technology development—should start now.

As a reminder, providers of retail mass market broadband services must comply with the label requirements. Although the initial order was unclear, the FCC clarified that providers of enterprise services to E-rate and Rural Health Care applicants are not required to comply with the requirements.

Providers should also be aware of the significant overlap between the broadband label requirements and the Affordable Connectivity Program (ACP) data collection due this November—long before the label requirements take effect in April 2024. Given the extensive requirements of both, all current and potential broadband internet access providers should be aware of these obligations and start compliance preparations now.

Overview of Label Content

The new broadband labels, which closely resemble nutrition labels, must include the following key information:

• Service plan name
• Unique identification number
• Pricing information including base rates, contract terms, discretionary recurring charges, one-time fees, data cap charges, and taxes
• Performance information including speed and latency data
• Link to provider’s network management practices and privacy policy
• Link to the consumer education information on the FCC’s website

Other requirements include that labels must be accessible for people with disabilities and must be displayed online and in print in English, in addition to in any other languages the provider uses in marketing. The provider must display the labels on its website and through alternate sales channels, such as retail locations.

Compliance Considerations

With the dizzying number of specific requirements for these labels, compliance—particularly with documentation—may prove to be challenging.

Providers are required to maintain an archive of all broadband labels from websites and alternate sales channels for two years after the service plan is no longer offered.

Providers are also asked to maintain evidence sufficient to support the accuracy of the labels’ content, and upon request, must provide a label to the FCC or to any customer within 30 days.

Implementation Challenges

There are five main areas that may prove challenging when implementing the label requirements:

• Determining the number of labels needed and compiling the information that must be presented
• Incorporating the required information into the prescribed format: special characters or numbers may be finicky, and some fields are small in comparison to the amount of required information
• Ensuring labels are posted on the respective websites and to customer portals
• Developing and implementing procedures for making any necessary changes to the labels, including website and customer portal updates
• Thinking “holistically” and taking the time to train customer service representatives, sales agents, contractors, and other personnel to ensure every participant in the process is in compliance

Next Steps

Starting April 10, 2024, providers with more than 100,000 subscriber lines must comply with all broadband label requirements except the requirement to display the labels on provider websites in a machine-readable format.

By October 10, 2024, providers with 100,000 or fewer subscriber lines must comply with all requirements, and providers with more than 100,000 lines must comply with the machine-readable website posting requirements.

The April 2024 deadline will arrive quickly, so broadband internet access providers should proactively gather the necessary information and update their IT and internal processes—compliance will not be met with the flip of a switch.