Constitution can maintain downstream pace declare, advert watchdog guidelines

Constitution Communications got here out on prime within the newest promoting declare problem lodged by AT&T.

In its response to a problem plaint from AT&T, the Nationwide Promoting Division (NAD) introduced at this time that Constitution substantiated its “most constant obtain speeds” declare for its Spectrum-branded broadband service.

AT&T used an expedited problem course of, dubbed Quick-Observe SWIFT, to deliver this “single-issue” advert case to the NAD. On this occasion, AT&T challenged Constitution’s downstream-focused declare in two TV spots that included a small print disclosure studying that its claims have been “[b]ased on comparability of fiber members within the 2023 Measuring Broadband America Report.”

(Supply: Rawf8/Alamy Inventory Photograph)

NAD stated Constitution’s declare is supported as a result of the FCC’s report, as cited in Constitution’s TV advertisements, demonstrated that the cable operator does certainly have “probably the most constant obtain speeds” when in comparison with different ISPs with which it competes.

In accordance with the FCC’s 2023 broadband measurement report, Constitution was amongst a bunch of cable operators studied that delivered median obtain speeds that have been “very constant” – higher than 100% of the marketed – throughout peak utilization intervals to greater than 80% of panelists for greater than 80% of the time.

Extra particularly, in a bit of the report targeted on peak interval median obtain speeds, it discovered that Constitution’s precise downstream pace got here in at over 100% above the marketed pace for tiers delivering 100 Mbit/s, 200 Mbit/s and 400 Mbit/s.

This wasn’t the primary time Constitution and AT&T have duked it out on the NAD over broadband pace claims. Final fall, Constitution agreed to discontinue TV advertisements claiming it delivered obtain speeds which might be 20x sooner than AT&T’s.

Such advert fights have develop into more and more frequent as telcos and cable operators battle for broadband subscribers and as cable operators comparable to Constitution and Comcast encroach into the cell companies market.

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— Jeff Baumgartner, Senior Editor, Mild Studying