On September 21, 2023, Craig Gilley and Laura Stefani published “New FCC Broadband Label Rules Should Be Read Carefully” in Law360. The following is an excerpt:
While compliance with the new rules is manageable, it also imposes new risk, particularly with regard to disclosures related to broadband speed and latency.
Both speed and latency vary not just by plan, but greatly by technology, by neighborhood and by the time of day when measured. The speed and latency a particular location may experience at a particular time can greatly diverge from what was once measured, and what is disclosed and advertised.
Unavoidable discrepancies, even when an ISP is being particularly careful in its disclosures, will likely expose it to complaints from customers and increased scrutiny from government regulators.
Click here to access the article.