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Broadband Labeling FNPRM Wrongly Focuses on Weaker Rules: Groups

It's concerning that the FCC's further NPRM on broadband labeling, which is on the agency's October meeting agenda, doesn't address concerns about whether providers are complying with the rule or ask how the label can be improved, tech policy groups told Commissioner Oliva Trusty's office. In a docket 22-2 ex parte filing Thursday, they criticized the draft FNPRM for focusing solely on weakening requirements.

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Instead of ending the rule that labels must be read to customers ordering service over the phone, the FCC should clarify that providers must present broadband plan details in a way consistent with the labels' substance without requiring a verbatim recitation, the groups said. A weaker itemized variable, location-based discretionary fees requirement "would invite mischief, lead to bill shock, and undermine competition." Any liberalization of the requirement, such as displaying an aggregate fee, should be narrow and ensure that a fully itemized disclosure of fees is clearly made in the sales process, they said. In addition, requiring labels to be provided in all the same languages in which plans are marketed represents "minimal burden" on providers and shouldn't be eliminated.

The meeting with Trusty's office included representatives of New America's Open Technology Institute, the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance, Common Sense, the Leadership Conference on Civil and Human Rights, the National Consumer Law Center and Consumer Reports.