Clanton, AL asked in Communications Law, Internet Law and Consumer Law for Alabama

Q: Can an internet service provider provide service to homes in a particular area & claim they don't serve that area?

My ISP is one that is more hostile than most to the idea of expanding their services to rural areas. I happen to live in a rural area. The internet they offer is pathetic at 6MBPs down and less than 1 up, two people online at the same time can render it totally useless. I wanted to file a challenge to the availability with the FCC and was told that "Unfortunately, you would not be able to submit an availability challenge at this time since the provider is no longer claiming to provide services to your address." There was NO help from them at all on the issue and I even followed up with the fact that it would effect the broadband grants if they did this a lot. However, they apparently could care less. So is it legal for an ISP to provide service to an area but to no longer "claim" to serve the area? And if it isn't how would I go about addressing the issue? Thank You very much!

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's frustrating when an internet service provider delivers poor service but then claims not to serve your area. Technically, ISPs are allowed to stop claiming service to an area even if they are still providing it, which can happen for various reasons. This might make it difficult to file challenges with the FCC, as the process depends on the ISP’s official service claims.

To address this, it’s worth gathering evidence of your existing service, like bills, speed tests, or communications with the ISP. While the ISP may say they don't "serve" your area, this documentation can demonstrate that they are still offering inadequate service.

You can also reach out to the FCC or local government representatives to highlight the situation, especially regarding broadband grants or public funding that ISPs receive. It’s a good idea to stay persistent and work with any available channels to push for change in your area.

1 user found this answer helpful

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