It should come as no surprise to those in the blogosphere that consumers are relying on mobile broadband and innovative telecom services at an ever-increasing pace. The Federal Communication Commission (FCC) under the leadership of Chairman Julius Genachowski – who, in a short time at the helm, has the FCC blogging, tweeting and on YouTube – is looking at the FCC’s “truth-in-billing” and other consumer protection policies in light of the dynamic changes in communications services since the FCC last examined these issues. To update its record, the FCC recently released a Notice of Inquiry seeking comment on whether there are ways to protect and empower consumers by developing policies to ensure sufficient access to and disclosure of information by communications providers through billing and other practices.
The FCC’s existing truth-in-billing rules, which currently only apply to wireline and wireless voice service providers, require that customer bills:
- Be clearly organized, clearly identify the service provider, and highlight any new providers;
- Contain full and non-misleading descriptions of charges; and
- Contain clear and conspicuous disclosure of information needed for the consumer to contest charges or make inquiries related to the bill.
The FCC’s present inquiry suggests that the FCC could attempt to expand (through a formal rulemaking) the scope of these rules in two ways.
First, the FCC’s existing information disclosure policy has focused on the formatting of consumer bills. The FCC now seeks information available to consumers at all stages of the purchasing process (including selecting a service provider, selecting a service plan, managing use of the service plan, and switching an existing provider or plan).
Second, the FCC has solicited comment on whether any existing truth-in-billing rules or other rules that may develop out of the current inquiry should – for the first time – apply to providers of broadband Internet access, interconnected Voice over Internet Protocol (VoIP) and video subscription services.
The FCC is asking for public input in several key areas including:
- to which services any new and current truth-in-billing rules should apply;
- whether the FCC has jurisdictional authority to adopt truth-in-billing and other consumer protections;
- information that consumers need in all stages of the purchasing process;
- best practices for display of consumer information;
- technological tools that currently or will in the future help consumers compare services and receive information;
- processes for resolving complaints;
- additional consumer education initiatives; and
- relevant consumer disability issues.
Comments and reply comments in response to the Notice are due October 13, 2009 and October 28, 2009, respectively.
- Stephanie Phillipps, Maureen Jeffreys, and Stefanie Alfonso-Frank
