FCC Proposes To Delete Certain Broadband Labeling Requirements

Key Takeaways

• The Federal Communications Commission (FCC) has proposed to streamline its broadband labeling rules for broadband internet access service providers (ISPs) by eliminating six requirements it views as unduly burdensome or of limited consumer benefit, including phone read-outs, itemized pass-through fees, and machine-readable labels.
• The FCC seeks broader input on additional simplifications, such as permitting links/icons in lieu of full labels at online points of sale and reconsidering multilingual display obligations.
• Comment and reply deadlines will last for 30 and 60 days, respectively, once the proposed rules are published in the Federal Register, and publication will likely occur by mid-December.
• Providers should assess operational impacts now, especially for customer service scripts, fee disclosures, and label publication workflows.

The FCC released a Second Further Notice of Proposed Rulemaking (FNPRM) last month as part of its "delete, delete, delete" proceeding, proposing targeted revisions to the broadband nutrition-label framework to improve clarity for consumers and reduce compliance burdens for broadband ISPs. Building on feedback from consumers, ISPs, and other stakeholders, the FCC proposes to remove several requirements and invites comment on additional streamlining measures.

Background

Through the Infrastructure Investment and Jobs Act (IIJA) of 2021, Congress directed the FCC to require that ISPs display standardized, easy‑to‑understand disclosure labels for key broadband internet plan information, including transparent pricing, fees, speed, and data allowances, at the point of sale. The FCC adopted labeling rules drawing on its earlier 2016 voluntary "nutrition-style" label design and established format, display, and archiving obligations. The rules, which went into effect in 2024, require ISPs to present an actual label—rather than an icon or link—adjacent to advertised plans at each point of sale, including online and retail locations, with accommodations for telephonic and in-person sales. Stakeholders have since reported that some provisions impede consumer comprehension and impose significant operational costs, prompting the FNPRM.

Proposed Changes

The FNPRM would eliminate the following requirements:

• Phone read-outs. ISP representatives are currently required to read labels verbatim to customers who shop by phone.
• Itemized pass-through fees. ISPs are currently required to itemize state and local recurring, discretionary pass-through fees on labels, which has led to numerous location-specific label variants.
• Affordable Connectivity Program (ACP) references. The ACP is a deprecated connectivity program for low-income households.
• Customer portal display. ISPs are currently required to display labels within customers' online account portals.
• Machine-readable labels. ISPs are currently required to publish labels in a machine-readable format at a dedicated URL, reducing technical complexity and ongoing maintenance burdens.
• Two-year label archiving. ISPs are currently required to archive labels for at least two years after a service is no longer offered to new customers.

In addition, the FCC proposes to terminate its earlier inquiries into potential additional mandates, including formal accessibility standards and labels for bundled services, on the grounds that they could further complicate the labels and move beyond Congress' intent for the IIJA.

The FCC also seeks comment on additional measures to simplify and de-burden compliance while preserving consumer utility. These potential measures include allowing ISPs to present a link or icon at online points of sale in lieu of the full label and revisiting multilingual display expectations, among other potential improvements.

Next Steps

Comments will be due 30 days after Federal Register publication, with reply comments due 60 days after publication. Documents published by the FCC are typically published in the Federal Register within 30 days after release by the FCC. As the FNPRM was adopted during the government shutdown, the Federal Register publication date is harder to estimate, but we expect that publication will occur around mid-December, with comments due by mid-January 2026.

In the meantime, ISPs should review current labeling processes and artifacts, including website presentation, point-of-sale workflows, customer-service scripts, data pipelines for label generation, and fee-disclosure practices, to identify changes that could be implemented if the FCC adopts the proposed revisions. ISPs should also evaluate whether the measures proposed in the FNPRM could improve consumer experience and reduce internal complexity and should consider submitting data-informed comments on those and other potential measures. Lastly, ISPs and telecommunications service providers should be on the lookout for opportunities to contribute to other proposals stemming from the "delete, delete, delete" proceeding that may affect their businesses.

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