Broadband Consumer Labels Required in 2024

The FCC has announced the dates that broadband internet service providers are required to display Broadband Consumer Labels. Providers with 100,000 or fewer subscriber lines will have until October 10, 2024 to display the labels. All other providers must display the labels by April 10, 2024. The labels will supplement, not replace, existing transparency requirements.

The FCC adopted the Broadband Label Order in 2022, pursuant to the Infrastructure Investment and Jobs Act. ISPs must display labels at points of sale (online and in-store) with clear, easy-to-understand, and accurate information about the cost and performance of services. A sample label can be found here. Each broadband plan must have its own label. Because labels will be displayed at points of sale, they will not be required on consumers’ monthly bills.

The new labels must include:

Provider Name, Service Plan Name and/or Speed Tier
This information must be at the top of the label. Each separate service plan will require its own label.

Pricing
Providers must display the base monthly price for standalone broadband service. The introductory rate, if applicable, must also be included, as well as the rate that applies thereafter. The length of the contract term must also be displayed, along with any early termination fees, monthly charges, and one-time fees. Taxes must also be displayed. Bundles and discounts, with a link describing these discounts in more detail, are also to be displayed on the label.

Affordable Connectivity Program (ACP)
The label must disclose whether the provider participates in the ACP and include a link to the provider’s ACP web page.

Performance Information
Labels must display typical download and upload speeds (Mbps) and latency (ms). This performance information should be determined by measuring actual performance, or may be based on internal testing, consumer speed test data, or relevant data from third-party sources. Labels do not need to display peak data usage rates and packet loss. Labels must display the data limits included with the monthly price (GB) as well as charges for additional data usage ($/GB).

Network Management and Privacy Policies
Links to the ISP’s network management policy and privacy policy must be included on the labels.

If you have questions or would like assistance in preparing labels, please contact an attorney in our Broadband, Spectrum, and Communications Infrastructure practice group.