Federal Communications Commission	"FCC  XX-XXX"


STATEMENT OF
COMMISSIONER BRENDAN CARR

Re:	Empowering Broadband Consumers Through Transparency, CG Docket No. 22-2, Notice of Proposed Rulemaking (January 27, 2022).

Americans today are benefiting from more choice, and they are seeing more competition for their broadband dollars than ever before.  As a result, Internet speeds are up while prices are down.  New infrastructure builds have accelerated too due to the FCC’s reforms over the past few years.  We also have $24 billion in new affordability programs that the agency stood up over the past year to make additional progress in addressing all aspects of the digital divide.

In all of this, it is important that consumers are empowered to make informed choices among broadband providers and service plans.  That is why the FCC has long worked to promote transparency, including through specific rules.  Right now, we have rules on the books, for instance, that require broadband providers to publicly disclose accurate information regarding their network management practices, performance characteristics, and commercial terms sufficient to enable consumers, businesses, and entrepreneurs to make informed choices.

Last year, Congress directed the Commission to promulgate new rules that require the display of broadband consumer labels, as described in the FCC’s 2016 Public Notice.  Today’s vote kicks off that process.  As the agency completes this rulemaking, it is important that we do so in a manner that will promote clarity not confusion.  After all, linking a 2022 broadband disclosure to the FCC’s 2016 assessment of consumers’ information needs could artificially constrain the agency’s ability to make decisions that reflect today’s market for connectivity.  So as we stay true to the decisions Congress made in the statute, I hope we find ways to ensure that our decision makes sense to consumers that are making their purchasing decisions in 2022 and beyond.

And while I am open to ways we can improve the transparency and disclosure rules that apply to broadband providers, I continue to believe that the real black box is in a different portion of the Internet ecosystem—Big Tech.  Big Tech companies provide far less transparency than broadband providers regarding their practices and commercial terms.  In fact, just this week, four state AGs sued Google for misleading consumers about when Google was tracking their location information.  I have been clear that I favor—and consumers deserve—greater transparency from these companies.  And I have previously called for the FCC and FTC to take action here.  The transparency rule that currently applies to broadband providers or even the nutrition label approach we propose here would be a good place to start when it comes to bringing much needed and long-overdue transparency to Big Tech.  This would ensure that all Internet users, from entrepreneurs to small businesses, have the information they need to make informed choices.  I remain open to working with my FCC colleagues—and any other government officials—that are ready to shine some light on Big Tech’s abusive practices and put power back in the hands of consumers.

Finally, I want to recognize the staff of the Consumer and Governmental Affairs Bureau for their hard work on this item.  You have my thanks.  And I will be voting to approve.

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