In the present Notice, the Federal Communications Commission (FCC or Commission) seeks comment on empowering consumers by ensuring sufficient access to relevant information about fixed residential and small business Internet broadband services. The Commission further seeks comment on measuring, tracking, and reporting service quality of fixed services.
The New America Foundation’s Open Technology Initiative (NAF) commends the Commission for this Notice and the commitment to empowering consumers and promote transparency in broadband services. NAF believes that existing rules to ensure consumers’ access to relevant information about the communication services they are purchasing are grossly insufficient. Voluntary guidelines are insufficient as a substitute for codified regulations, as service providers routinely fail to disclose meaningful information to consumers. Substantial changes to the Commission’s existing rules are necessary to remedy these problems and empower consumers with the information they need to make an informed choice of their Internet service provider (ISP) and offering. However the problem goes beyond just the challenges faced by consumers; policymakers, researchers, and innovators have access to too little information about the workings of the Internet. Access to raw data on Internet traffic and performance has substantially diminished as scientists have struggled to conduct network research under ever-increasing constraints.
To remedy these problems, NAF provides the Commission with several policy recommendations including:
• Clear disclosure rules to ensure consumer have access to fundamental information about broadband service offerings.
• Standardized information disclosures across all fixed and mobile broadband services.
• Require advertisements to provide clear expectations of the service offering including the typical capabilities and the actual price of the service, not theoretical maximums.
• Require providers to inform consumers of the FCC complaint process.
• Allow consumers to append test results from measurement tools to complaints filed with the FCC and release complaint data on each provider.
• An FCC led effort to measure and collect fundamental data on broadband service capabilities and Internet performance and traffic statistics.
In addition, these comments provide an overview of both active and passive measurement systems. We encourage the Commission to think broadly about measurements and data collection. The FCC should promote efforts that will empower consumers and the Commission assess the capabilities of broadband services and create viable sources for data on Internet traffic and network performance for researchers and policymakers. Important to the success of these efforts, the FCC should focus on openness and transparency in its measurement process and ensuring access to raw data by the public, researchers and policymakers.