The Federal Communications Commission released a Second Further Notice of Proposed Rulemaking on November 3, 2025, proposing changes to its broadband consumer label requirements. Adopted on October 28, 2025, and published in the Federal Register on December 3, 2025, this action aims to reduce regulatory burdens on broadband providers while preserving essential transparency for consumers. The proposal stems from the Infrastructure Investment and Jobs Act of 2021, which directed the FCC to mandate labels displaying clear information on broadband service costs, speeds, and terms. With deadlines for comments set for January 2, 2026, and reply comments for February 2, 2026, the rulemaking reflects feedback from industry and consumers since the labels' rollout, highlighting areas where requirements may exceed statutory intent and impose unnecessary costs.
Background and Statutory Foundation
The broadband labels originated from Section 60504 of the Infrastructure Investment and Jobs Act, enacted in 2021, which required the FCC to ensure providers display labels with key service details to empower consumers. These labels, modeled after nutrition facts on food packaging, include information on monthly prices, speeds, data allowances, network management practices, privacy policies, and customer support. The FCC finalized initial rules in 2022 under CG Docket No. 22-2, with implementation phased in by 2023 and 2024. However, the commission's experience and stakeholder input, including responses to a 'Delete, Delete, Delete' Public Notice, have prompted this review. As the synopsis states, 'The Commission's experience with the broadband labels since their rollout suggests that there is room to refine the requirements to better align with Congressional intent in the Infrastructure Act and reduce compliance burden while retaining their value for consumers.' This proposal targets six specific eliminations and broader streamlining, aligning with the act's goal of 'preserving consumer access to clear, easy-to-understand, and accurate information about the cost for broadband services.'
Key Proposed Eliminations
The FCC proposes removing the requirement for providers to read labels aloud during phone sales. Current rules define 'point of sale' to include telephone channels, but the commission notes that labels are a visual tool, making verbal recitation burdensome and potentially confusing. The document asks, 'Is it correct that the requirement is burdensome and does not help consumers?' It suggests excluding phone calls from the definition, while seeking input on ensuring accessibility for consumers with disabilities under 47 CFR 8.1(a)(1).
Another target is the itemization of state and local passthrough fees that vary by location, such as those related to government programs. Providers currently must list these separately, often leading to multiple labels for identical services. The proposal allows aggregating these into a single line, possibly as an 'up to' amount, to simplify compliance. The FCC questions whether this would incentivize different marketing strategies and seeks comment on balancing accuracy with burden reduction.
The commission also aims to excise references to the Affordable Connectivity Program, which ended on June 1, 2024, due to lack of funding. Including outdated program details could mislead consumers, contradicting the labels' purpose of providing 'accurate information.'
Further proposals include eliminating the display of labels in customer account portals, as service details may change over time, rendering static labels obsolete. The FCC notes this is not mandated by the Infrastructure Act and asks if it creates confusion or if alternatives exist for consumer access.
Machine-readable formats, requiring labels in spreadsheet files via a dedicated URL, face removal because they primarily aid third-party comparisons rather than direct consumer shopping. The document queries evidence of consumer benefits and the existence of tools using these formats.
Finally, the two-year archiving mandate for discontinued service labels would be dropped, as Congress did not require it, and its value to consumers is unclear once plans are unavailable.
Additional Streamlining and Inquiries
Beyond specific eliminations, the FCC seeks input on other potentially burdensome rules, such as multilingual displays beyond marketing languages. It proposes removing the label template from the Code of Federal Regulations, replacing it with a website link for easier updates, and updating the template's URL from 'fcc.gov/consumer' to 'fcc.gov/broadbandlabels' for direct access. The commission also plans to delete outdated implementation deadlines in 47 CFR 8.1(a)(7).
Notably, the proposal intends to close an ongoing inquiry from the First Further Notice into expansions like accessibility standards, non-English requirements, bundled service labels, alternative performance metrics, and interactive features. The FCC questions whether these 'benefit consumers' and if benefits outweigh costs, emphasizing alignment with the Infrastructure Act.
Perspectives and Implications
Industry groups have welcomed the proposals, arguing that current rules increase compliance costs without proportional consumer gains, potentially raising prices or limiting service innovation. For instance, feedback cited in the document highlights the phone-reading requirement as impractical. Consumer advocates, however, may express concerns that simplifications could reduce transparency, particularly for vulnerable groups like those with disabilities or in varied fee jurisdictions. Legal precedents, such as the FCC's authority under the Communications Act to refine rules, support this flexibility, as seen in prior adjustments to transparency mandates in the 2015 Open Internet Order.
Short-term implications include reduced administrative burdens for providers, potentially easing market entry for smaller entities, as noted in the Initial Regulatory Flexibility Analysis inviting small business comments. Long-term, this could standardize labels across providers, aiding comparisons, but risks diluting information if aggregations obscure costs. Politically, the move aligns with deregulatory trends, though it may spark debate in Congress over consumer protections amid ongoing broadband affordability discussions.
In conclusion, the FCC's proposals seek to refine broadband labels by eliminating redundancies, ensuring they remain a practical tool for consumer decision-making. Potential next steps include reviewing public comments, with possible final rules in 2026, and addressing implementation timelines to minimize disruptions. Ongoing debates may center on balancing deregulation with accessibility, while challenges include enforcing remaining requirements without overburdening enforcement resources. This rulemaking underscores the evolving nature of federal transparency efforts in telecommunications.
