‘A Lot’ of Providers Haven’t Complied with FCC Transparency Order, ISP Lawyer Claims

WASHINGTON, February 15, 2022 – A lawyer who counsels internet service providers on service agreements said last week that “a lot” of ISPs have yet to publish network management and performance terms on their websites as required by a Federal Communications Commission order from 2018.

Casey Lide, a partner at Keller and Heckman who specializes in community broadband initiatives, said in a February 8 presentation hosted by the International Municipal Lawyers Association that he’s seen ISPs not having “complied” with the ISP Transparency Statement, which requires ISPs to describe their network management practices, performance characteristics, and performance terms on their website or submitted to the FCC.

Lide told the association that service providers need to prioritize transparency, as the FCC continues to add to the list of transparency rules that they must follow.

Last month, the FCC voted to issue “broadband nutrition labels”––a list that displays ISP pricing and speed of service in a consumer-friendly format. “There’s no details yet on how the nutrition labels for broadband would work yet,” Lide said.

Cybersecurity needs attention

Panelists also urged public entities to broaden their cybersecurity efforts to protect customer data and ensure continuity of service. “Ransomware is the biggest threat to public and private entities,” said Keller and Heckman partner Tracy Marshall.

Ransomware occurs when hackers take critical data, hold it hostage, and demand money for the data. Marshall noted examples of ransomware attacks, including the May 2021 that shut down the east coast’s main fuel supply and caused fuel prices to spike and the attack that targeted meat giant JBS, which paid $11 million in bitcoin to hackers in 2021. Although these are high-profile examples, Marshall said ransomware attacks “affect organizations of all types and sizes.”

“The most costly part of a ransomware attack is responding to it,” Marshall said, adding that It’s difficult for entities to decide where to cut their losses and “having to decide what essential services must be forgone to fund the monetary loss.”