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Intro:
The following program is brought to you by the Tennessee
Broadband Association.

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Lead Tennessee Radio, conversations with the leaders moving our
state forward.

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We look at the issues shaping Tennessee's future: rural
development, public policy, broadband,

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healthcare and other topics impacting our communities.

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Carrie Huckeby:
It seems most consumer products have a nutrition label these
days: restaurant menus, breakfast cereal and our

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favorite candy bar.

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And soon broadband service will be no different.

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My guest, Guy Benson, is the policy director in regulatory
affairs at JSI.

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On this episode of Lead Tennessee Radio to help us understand
what a broadband nutrition label is.

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Welcome, Guy.

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Thank you for joining me.

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Guy Benson:
Carrie, I am delighted to be here.

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Thank you.

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Carrie Huckeby:
To start the conversation, explain to us who introduced broadband
labels and the reasons or reason behind them.

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Guy Benson:
Sure. Well, so imagine that you're shopping for a car and every
car in

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every dealership had a different amount of information.

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One talked about the mileage you could get.

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Another one talked about what the fee to transfer the car was.

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And the third one had the actual all-in price.

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We've long had labels that helped enable consumers to compare
competing

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products and make thoughtful and informed purchasing decisions.

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So similarly and this happened.

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It began in about 2009, the FCC came up with the concept of
having a broadband label to also address the

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needs of consumers to be able to understand the various service
plans available from broadband providers.

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And so what they did was they enacted transparency rules that
required the disclosure of certain broad elements of

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service plans.

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Now, since then, it took six years until they actually

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came up with this idea for a label.

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And in the second open Internet order, they enhanced and
strengthened the pricing transparency rules

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requiring some specific elements that ISPs had to disclose.

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Like the full monthly service charge, including promotional and
standard rates,

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all one time and recurring fees, and whether data caps would be
imposed, and some other items.

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And what they said was, "Look, here's this label template that
if you fill in the information in this label,

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you will have complied with these new extensive transparency
rules." Well, not too

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late after that, the FCC reversed course, and they basically
eliminated the

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broadband label safe harbor.

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So that was in 2017.

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Then what happened?

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We had the pandemic, and as part of this, the Biden
administration passed the Infrastructure

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Investment and Jobs Act, which did a lot of things, as we know.

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But one of the things is it directed the FCC to require
broadband Internet service providers to

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basically display in the form of these labels certain
information regarding their broadband Internet access

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service plans.

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Carrie Huckeby:
So this template is all of the information at this time
finalized, what will be

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required from the broadband providers?

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Guy Benson:
Basically, the label must include information about pricing,
introductory

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rates, if applicable, including the rate that will be applied
after

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the introductory period.

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What are the data allowances?

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Performance metrics and whether the provider participates in the
ACP, The Affordable Connectivity

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Program.

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Carrie Huckeby:
Okay. It's certainly a complicated issue.

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Guy Benson:
There's a lot. There's a lot that goes on these.

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Carrie Huckeby:
Will all ISPs be required to implement these labels?

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And if so, what kind of timeline are they looking at right now,
or is that still up in the air?

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Guy Benson:
So. Well, another great question.

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Yes, all ISPs are required to implement these labels, but as I
was mentioning earlier,

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so we still have not had the Office of Management and Budget
Review, and then they will publish that review in the Federal

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Register. So that could come at any time now.

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I don't expect it next week, but it could come next month.

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Once that happens, then there's two main dates, although for our
listeners today, I think

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that most will probably have fewer than 100,000 subscriber
lines.

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And if that's the case, then there is a one year implementation
period.

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So we are looking at at least a year, probably a little bit more
for those for

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those folks.

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Now, the way the subscriber line standard is measured is that
the FCC is going to look at your

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last FCC form 477, and they're also going to include

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the customers of all of your affiliates as well.

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So if you are one of those providers with fewer than 100,000,
you will have a one year implementation

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period. For anybody out there that has more than 100,000
subscriber lines, it's going to be a six month

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period.

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Carrie Huckeby:
So Guy, when I buy a loaf of bread, I may check the carbs or the
calories to help me make a buying decision.

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If I stop in, call or go to my local broadband providers
website, what will be the best way for them

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to present this broadband label information?

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Is it going to be required at every point of sale, and is it
only required at a new

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sale, or even when I call in about a bill inquiry?

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Guy Benson:
Right. Well, Carrie, number one, there is a format that the FCC
adopted, and that's why it's

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called the broadband label.

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It resembles the FDA's nutrition labels.

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Providers must display the actual label.

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It can't be an icon or a link and in close proximity to

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the associated plan advertisement.

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So basically, there are time and place considerations that we
have to talk about.

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So in terms of this requirement that the label be presented at
the point of sale.

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So the point of sale is the time at which the consumer views
specific broadband plans available to them

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at their service location.

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So a lot of times that's going to be where you get online and
you're like, okay, I need to get some some Internet service for

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my house.

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I put in my zip code, I hit enter and then bam, the next page
that comes up is going to talk about, you know, available plans.

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So that's where the point of sale is required to have this label
for each

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plan. And then the broadband labels that are displayed should be
only for services

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that are currently offered to new customers.

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So once you no longer offer a plan, even though it's

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still being taken advantage of by previous customers, if it's
not available to new customers,

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then you do not need the label for that anymore.

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Now there are various potential points of sale.

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The most common one is going to be on a provider's website,
although it also includes any

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other channels through which the service is sold.

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So we've got the primary advertising web page.

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Then we have alternative sales channels.

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It could be an ISP owned retail location, third party owned
retail locations, over the

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phone.

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And what's required here is, all of these

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locations, you can fulfill the requirements by providing a hard
copy of the label.

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But some of them that's impossible.

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Like over the phone. Well, how do you do that?

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And so there is a requirement there that you direct the

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customer to the place where they can access the label.

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So you could hand a customer a card with a printed URL or a QR
code.

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Or you could also orally read the entire label to the consumer
over the phone.

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Now that seems a little bit burdensome.

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So there's a couple of different ways.

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But the key here is that whichever way you make sure that the
customer has seen and understands that label, you have to

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document this and the documentation is required to be retained
for two years.

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Carrie Huckeby:
Wow. Okay.

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So that means adjustments to billing systems, record keeping and
all of those good things, right?

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Guy Benson:
Exactly. And, you know, we're looking at ways that we can try to
automate as much of this as possible.

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Carrie Huckeby:
So many years ago, I worked in customer service, and I know you
went through the plans with the customer and finding out what

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they needed. So you're saying that if they come into the office
or call, there

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has to be some documentation that they checked that, yes, they
read the card, or they promised to read it later when

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they go home and look at the website or something like that, 
right?

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Guy Benson:
Precisely. And, you know, there is some flexibility at this point
in terms of the precise method of documentation.

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But I think, you know, as long as we just keep in mind, the key
is, you know, ensuring the customer is able to compare

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the plans and then, you know, making sure that we just have some
kind of documentation of that.

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So it could be a form that your customer service representative
fills out, and then just makes sure that

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they store that for two years, that kind of thing.

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Carrie Huckeby:
All right. So I understand that it is required for every single
broadband plan that your company may offer, no matter

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if it's 100 megabits or a gig.

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I know there's companies out there that do offer different
packages.

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They may have several packages and some may offer other
technologies like DSL, fixed

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wireless. So this plan, or this documentation broadband label,
is required for every one of those plans.

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And a question, if I am in customer service, if I go in to
purchase service and I'm interested in a gig

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only, do I only have to look at that one particular broadband
label, or am I required to look at every broadband label for

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every plan they offer?

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Guy Benson:
Well, so another great question.

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So just to be clear, there's not actually a requirement that the

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customer look at the label.

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It's really that the provider make it available.

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Okay. But to answer your question, yes, it is required for every
plan, no matter the speed.

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The requirement is actually any service that is a mass market
retail service.

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This includes both residential and business customers.

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And so the only thing it doesn't apply to are very kind of
particularized enterprise service offerings

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or special access services which are more tailored and
individualized and have kind of negotiated

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service plans, those types of things.

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Maybe you have a plan with a hospital or something.

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Those will not require the labels, but every plan with a
different speed that is a mass market

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retail service is going to require a unique identifier for each
of the plans.

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And as far as I think you mentioned bundles, so the label is for
standalone broadband

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services. And you can link to a bundle on the website

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if you want to, but there's no requirement for that.

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And basically what goes on each label is just going to be, you
know, that one service

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plan in and of itself.

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Carrie Huckeby:
Okay, well, let's talk about marketing just a little bit.

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We talked about point of sales, but if I'm the marketing
department, and I'm putting a promo on the back of my

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magazine, or I'm sending it out on a direct mail piece, how
would that be handled, Guy?

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Would would there be something on the marketing piece that would
direct them to the labels, or is that even required in the

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advertising piece for a broadband company?

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Guy Benson:
Well, so the key there would be whether or not that would be
considered an alternative sales

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channel. And it's my assessment that that would not be included.

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They're not going to require you in marketing materials to have
these labels

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unless the marketing is done, for example, at your retail
location or

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on your website.

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That's where the label requirements will kick in.

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Carrie Huckeby:
Okay. That's good to know.

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So you talked about the comments that are being sent in.

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What are you hearing from your JSI clients, Guy?

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Are there concerns?

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Does everyone feel comfortable with implementing the labels?

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Are they still figuring out what's going on there?

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Guy Benson:
Yep. To all of that.

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Absolutely. So we think it's probably a good idea to start
getting used to how this is going to operate.

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But, you know, one of the keys underlying the FCC's orders here
is that the label should remain simple and easy

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to understand so that folks can make an apples to apples
comparison.

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Now, I think especially small providers are concerned with how
to implement

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some of the point of sale documentation requirements.

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You know, our clients are almost exclusively small providers.

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They don't have complicated compliance departments that they're 
able to, you know,

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spend countless hours on this stuff.

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So, you know, I think there is concern with the point of sale.

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And also trying to figure out, you know, how can, as much of this
be automated as possible

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with the unique identifier.

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It's like a 15 digit number that needs to be created out of
three different pieces.

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And this documentation that's required, how can we automate it?

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So that's what we're going to be looking at, helping folks do.

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And I might also mention at this time, you know, the further
notice of proposed rule-making that

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we mentioned earlier.

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So JSI filed comments on behalf of our rural clients.

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And we, you know, had a couple of main points.

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One is just FCC, please keep in mind the burdens that compliance
requirements can

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have on especially the small and rural providers.

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But we also specifically suggested that the FCC come up with
kind of a standardized

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PDF template where you just go to this template, and you fill in
the information that's required on each box.

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And you know that if you've filled in all the information that 
you've complied with the

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requirements. Along with that, the FCC is asking about
translating

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these labels into a lot of different languages.

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And we have suggested that the FCC provide the translation
themselves.

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So that would be easiest for folks.

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If you could just go online, pull down one of these PDFs, pick
the languages that, you know, that are

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exist in your service area, and then put in the information, you
know, one time, and then maybe it

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copies it to all the other languages and things like that.

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The other thing is, is with this further notice of proposed
rule-making, the FCC has asked, should it

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require even more comprehensive pricing information?

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Should it require information on bundled plans?

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Should labels have like an interactive element to them?

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Should it include service reliability or performance
characteristics?

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And another one is cybersecurity.

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The FCC wants to know if carriers should have to put their
cybersecurity

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protocols on these labels.

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So we say no to all of that.

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Why should the FCC be seeking to add more requirements to these
labels before they're even been

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required yet? We still are a ways out until they're required.

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So those are some of the things that we've been looking at.

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Carrie Huckeby:
Well, two things I take away from that is all of those extra
things that they're thinking about certainly goes against

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the idea of having a simple broadband label.

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That could certainly complicate it up quite a bit, right?

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Guy Benson:
No, exactly, Carrie. We think that, you know, having it simple
means not overloading it with information and

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making it so complicated because then it defeats the very
underlying purpose that everyone agrees is what should be, which

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is that customers can understand this and make informed
decisions.

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Carrie Huckeby:
And I think the PDF template from the FCC would not only be very
helpful to the broadband providers, but as a consumer,

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if I am changing companies or moving, it would certainly be
helpful that they all look alike

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instead of every company's broadband label looks a little
different.

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So I can see simplicity there, if they did come out with a
template.

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Guy Benson:
Yes, exactly.

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And that's kind of the goal from the beginning with the labels,
like I mentioned at the beginning of the program about

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car dealerships and food nutrition labels.

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It's the same thing here. But yes, anything we can do to make it
more standardized and more consistent, I

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think is going to have exactly the impact that you mentioned.

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Carrie Huckeby:
And although everything is not wrapped in a little bow yet and
completely finalized and there are comments still

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being filed, it is a great idea for the broadband providers to
be thinking about this and getting ahead of it, versus

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being behind and rushing to get it done.

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And I have talked to several of our members, and they are
preparing for it.

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So they hope to be ahead of the game when the time comes with
those timelines.

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And as you said, most of our members are under that 100,000
customer base.

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So they do have that year to implement.

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And I assume the year goes into place, the year timeline, is
after the comments are filed and the final

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ruling comes out.

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Guy Benson:
Yes. So there will be a publication notice in the Federal
Register once the

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OMB has approved of the paperwork reduction requirements and all
of that.

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And so don't worry, you'll know.

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Folks will know when it's coming.

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Carrie Huckeby:
Thank you, Guy. I appreciate your time.

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Guy Benson:
Thank you so much for having me.

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Carrie Huckeby:
My guest has been Guy Benson, policy director and regulatory
affairs at JSI.

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You've been listening to Lead Tennessee Radio, produced by the
Tennessee Broadband Association.

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Cooperative and independent companies connecting our state's
rural communities and beyond with world class broadband.