80 FR 38424 - Protecting and Promoting the Open Internet

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 128 (July 6, 2015)

In this document, the Commission via the Consumer and Governmental Affairs Bureau (CGB), seeks comment on whether to maintain a temporary exemption for smaller providers from certain enhancements to the existing transparency rules that govern the content and format of disclosures made by providers of broadband Internet access service.

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Proposed Rules]
[Pages 38424-38426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16493]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 8

[GN Docket No. 14-28; DA 15-731]


Protecting and Promoting the Open Internet

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission via the Consumer and 
Governmental Affairs Bureau (CGB), seeks comment on whether to maintain 
a temporary exemption for smaller providers from certain enhancements 
to the existing transparency rules that govern the content and format 
of disclosures made by providers of broadband Internet access service.

DATES: Comments are due on or before August 5, 2015. Reply comments are 
due on or before September 4, 2015.

ADDRESSES: You may submit comments, identified by GN Docket No. 14-28, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS), through the Commission's Web site http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions 
provided on the Web site for submitting comments. For ECFS filers, in 
completing the transmittal screen, filers should include their full 
name, U.S. Postal service mailing address, and GN Docket No. 14-28.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
     Commercial Mail sent by overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street SW., Washington, DC 20554.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Richard D. Smith, Consumer and 
Governmental Affairs Bureau, (717) 338-2797.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 15-731, released June 22, 2015 in GN Docket No. 14-28, 
seeking comment on the exemption from Open Internet enhanced 
transparency requirements. The full text of document DA 15-731 will be 
available for public inspection and copying via ECFS, and during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Document 
DA 15-731 can also be downloaded in Word or Portable Document Format 
(PDF) at: https://www.fcc.gov/document/cgb-seek-comment-exemption-open-internet-enhanced-transparency. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. 47 CFR 1.1200 et seq. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to

[[Page 38425]]

be written ex parte presentations and must be filed consistent with 
rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which 
the Commission has made available a method of electronic filing, 
written ex parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Paperwork Reduction Act

    The Commission currently has an Office and Management and Budget 
(OMB) collection 3060-1158 pending OMB's review and approval. The 60 
day Federal Register notice seeking comment on the revision was 
published in the Federal Register on May 20, 2015, at 80 FR 29000. This 
collection contains information collection requirements for the Open 
Internet transparency rules, which are subject to the Paperwork 
Reduction Act (PRA) of 1995. Pub. L. 104-13. However, document DA 15-
731 does not modify the existing information collection requirements 
contained in OMB collection 3060-1158, and it does not contain new or 
modified information collection requirements subject to the PRA. In 
addition, therefore, it does not contain any new or modified 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002. Public Law 107-198. See also 44 U.S.C. 3506(c)(4).

Regulatory Flexibility Analysis

    The 2015 Open Internet Order included a Final Regulatory 
Flexibility Analysis (FRFA) pursuant to 5 U.S.C. 603, discussing the 
impact on small entities of the policies and rules adopted therein. The 
Commission incorporates the FRFA and invites parties to file comments 
in light of document DA 15-731.

Synopsis

    1. In the 2015 Open Internet Order, published at 80 FR 19738, April 
13, 2015, the Commission temporarily exempted those providers with 
100,000 or fewer broadband subscribers as per their most recent Form 
477, aggregated over all the providers' affiliates from the enhanced 
transparency requirements adopted therein. At the same time, the 
Commission stated that ``both the appropriateness of the exemption and 
the [subscriber] threshold require further deliberation,'' and directed 
CGB to seek comment on the exemption and to adopt an order announcing 
whether it is maintaining an exemption and at what level by no later 
than December 15, 2015.
    2. While the Commission described the exemption threshold using the 
terms ``subscribers'' and ``subscriber lines,'' it emphasized that the 
relevant metric should be that used on Form 477. That metric is 
broadband ``connections,'' the broadband equivalent of subscriber 
lines, which the Commission used in the analogous exemption adopted in 
the Rural Call Completion Order, published at 78 FR 76218, December 17, 
2013. For these reasons, we make clear that the exemption from the 
enhanced transparency requirements applies to providers with 100,000 or 
fewer broadband connections.
    3. Small Business Exemption. The Commission seeks comment on 
whether the enhancements to the transparency rule raise compliance 
burden concerns that warrant making permanent the exemption. The 
Commission notes that it did not adopt some of the enhancements 
originally proposed and found those it did adopt were ``modest in 
nature.'' The Commission seeks comment on whether the adopted enhanced 
transparency requirements nevertheless impose burdens on smaller 
providers sufficient to justify retaining the exemption.
    4. The Commission seeks specific comment on the following 
questions. What is the burden of the enhanced disclosures to smaller 
providers as measured in financial and other resources, and how is the 
burden disproportionately experienced by smaller providers? To the 
extent that concerns remain regarding any burdens, what is the 
corresponding benefit to customers of smaller providers of the 
information contained in those disclosures? For example, to what extent 
are customers of exempted providers deprived of information they need 
to understand the services they purchase and receive, and to monitor 
practices that could undermine an open Internet? Are rural customers 
likely to be disproportionally affected by exempting smaller providers 
from the enhanced disclosure requirements?
    5. How should any benefits of the enhanced transparency 
requirements to customers of exempted providers be balanced against any 
public interest benefits of reducing burdens to the providers? Will the 
reduction of compliance burdens for smaller providers benefit consumers 
in the areas served by those providers by, for example, facilitating 
broadband deployment, lower prices, or better quality services for 
consumers?
    6. If the Commission does not make the exemption permanent, would a 
one-time temporary extension of the exemption for some period be 
necessary to allow a smooth transition to full compliance, and would 
such an approach be more beneficial to consumers than a permanent 
exemption? What period of time would be appropriate for smaller 
providers to adequately address the potential burdens associated with 
the enhanced transparency rules? How does the subscriber threshold 
discussed below affect this analysis? Should the Commission require 
carriers to report to the Commission on their progress with meeting the 
goals of the enhanced transparency rules? What conditions may be 
appropriate for a one-time, temporary extension of the current 
exemption? What factors should the Commission consider in determining 
the limitations of a one-time, temporary extension of the exemption? 
The Commission seeks comment on these and any other relevant issues.
    7. Small Provider Threshold. The Commission set the smaller 
provider threshold for purposes of the exemption at 100,000 or fewer 
broadband connections as measured by their most recent Form 477, 
aggregated over all affiliates. Is this the right threshold for any 
extension of the exemption? If not, what is a more appropriate level to 
identify those providers likely to be most disproportionately affected 
by the new disclosure requirements? How should the Commission determine 
whether a provider qualifies for the exemption if it is required to 
file a Form 477 but has not done so? Should such providers be 
ineligible for the exemption until they have done so? Are there reasons 
to adopt thresholds that vary for fixed and mobile providers? The 
Commission notes that the Final Regulatory Flexibility Analysis 
contained in the 2015 Open Internet Order discusses a number of ways to 
define the small entities impacted by that Order. The Commission seeks 
comment on these and any other issues commenters deem relevant.


[[Page 38426]]


Federal Communications Commission.
Alison Kutler,
Acting Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2015-16493 Filed 7-2-15; 8:45 am]
 BILLING CODE 6712-01-P