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Klobuchar Introduces Legislation to Ensure Accurate and Transparent Broadband Internet Standards

Bill will give consumers essential pricing and performance information on available broadband service

March 15, 2010

Washington, D.C. – Today U.S. Senator Amy Klobuchar introduced legislation that will require broadband providers to give clear information on the actual service speeds consumers will receive.  The Broadband Service Consumer Protection Act calls on the Federal Communications Commission (FCC) to develop uniform performance standards so consumers can more easily compare service offers before purchase and find out if they are receiving the high-speed service they are paying for each month.  This legislation, cosponsored by Senators Kirsten Gillibrand (D-NY) and Mark Begich (D-AK), responds to the practice of internet providers regularly advertising internet service speeds that are often much higher than the actual speed the average consumer receives.

“As more and more consumers gain access to high-speed internet service, they should know exactly what kind of service they are paying for,” said Klobuchar.  “A key factor in a consumer’s decision to purchase broadband internet is how fast the service will be.  If providers are advertising a certain type of broadband speed, then that is the speed consumers should receive.”

Currently, there is no industry-wide standard terminology or method to assess broadband speed, and in many cases, internet services are marketed and sold at one level of performance, but received at another, lesser level.  According to the FCC, the actual broadband speed consumers experience lags the advertised speed by as much as 50 percent to 80 percent.  For example, a consumer may be paying for speeds “up to” 12 Mbps (Megabits per second) but only getting 6 Mbps in actual use.

The Broadband Service Consumer Protection Act would require clear and conspicuous information in advertising, points of sale, and service contracts that describe the actual broadband performance a user will experience.  Providers would be required to disclose the average speed experienced by the consumer in their monthly bills or invoices.  Additionally, the FCC would be required to establish definitions of commonly-used marketing terminology and standards to uniformly gauge broadband speed. 

Klobuchar serves on the Senate Commerce Committee, which has authority over telecommunications issues, and has been a leader in pushing for greater investment in broadband technology and infrastructure. She also cosponsored the Broadband Data Improvement Act (S. 1492), which was signed into law in October 2008.

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