81 FR 93638 - Protecting and Promoting the Open Internet
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 245 (December 21, 2016)
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93638-93639 | |
| FR Document | 2016-30766 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93638-93639] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30766] [[Page 93638]] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 8, and 20 [GN Docket No. 14-28; FCC 15-24] Protecting and Promoting the Open Internet AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of applicability date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years for fixed broadband Internet access service (3060-1158) and for a period of two years for mobile broadband Internet access service (3060- 1220), the information collections associated with the transparency rule enhancements adopted by the Commission in Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order (Open Internet Order). On August 11, 2015, the Commission requested approval of a modified information collection to include the transparency rule enhancements. OMB has approved the information collection as it applies to fixed broadband Internet access service for a period of three years (3060-1158) and, except for disclosure of packet loss, as it applies to mobile broadband Internet access service for a period of two years (3060-1220). The Open Internet Order stated that the Commission would publish a document in the Federal Register announcing the effective of the modified information collection requirements associated with the enhancements following OMB approval. DATES: The modified information collection requirements contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181, published at 80 FR 19737, April 13, 2015, are applicable January 17, 2017 for fixed broadband Internet access service. The modified information collection requirements, except for disclosure of packet loss, contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181, published at 80 FR 19737, April 13, 2015, are applicable January 17, 2017 for mobile broadband Internet access service. FOR FURTHER INFORMATION CONTACT: John B. Adams, Consumer Policy Division, Consumer and Governmental Affairs Bureau, at (202) 418-2854, or email: [email protected]. SUPPLEMENTARY INFORMATION: This document announces that, on December 15, 2016, OMB approved, for a period of three years, the information collection requirements relating to the enhancements to the transparency rule in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181 of the Commission's Open Internet Order, GN Docket No. 14-28, FCC 15-24, published at 80 FR 19737, April 13, 2015 applicable to fixed broadband Internet access service. The OMB Control Number is 3060-1158. This document also announces that, on December 15, 2016, OMB approved, for a period of two years, the information collection requirements relating to the enhancements to the transparency rule, except for disclosure of packet loss, in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181 of the Commission's Open Internet Order, GN Docket No. 14-28, FCC 15-24, published at 80 FR 19737, April 13, 2015 applicable to mobile broadband Internet access service. The OMB Control Number is 3060-1220. The Commission sought public comment on the associated burden estimates on May 20, 2015 (80 FR 29000) and on August 11, 2016 (81 FR 53145). The Commission publishes this document as an announcement of the applicability date of the enhancements. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Numbers, 3060-1158 and 3060-1220, in your correspondence. The Commission will also accept your comments via email at [email protected]. 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). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on December 15, 2016, for the information collection requirements relating to the enhancements to the transparency rule contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181 of the Commission's Open Internet Order applicable to fixed broadband Internet access service. The FCC also is notifying the public that it received final OMB approval on December 15, 2016, for the information collection requirements relating to the enhancements to the transparency rule, except for disclosure of packet loss, contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181 of the Commission's Open Internet Order applicable to mobile broadband Internet access service. During OMB's review of the modified information collection, it determined that the mobile broadband disclosures were at a different stage than the fixed broadband disclosures and should therefore be approved for two years, with conditions, rather than the three year approval, without conditions, for fixed broadband. OMB therefore issued Control No. 3060-1220 for Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (Mobile Broadband Disclosures) and Control No. 3060-1158 for Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (Fixed Broadband Disclosures). Although there is a separate collection for mobile broadband disclosures, the FCC is reporting an identical burden estimate for the calculation and disclosure of broadband performance data by both fixed and mobile broadband providers, which was subject to public review and comment. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number for fixed broadband Internet access service is 3060- 1158. The OMB Control Number for mobile broadband Internet access service is 3060-1220. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Numbers: 3060-1158 (fixed broadband) and 3060-1220 (mobile broadband). OMB Approval Date: December 15, 2016. OMB Expiration Date: December 31, 2019 for fixed broadband Internet access service; December 31, 2018 for mobile broadband Internet access service. [[Page 93639]] Title: Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24. Form Number: N/A. Respondents: Businesses or other for-profit entities; Not-for profit entities; State, local or tribal governments. Number of Respondents and Responses: 3,188 respondents; 3,188 responses. Estimated Time per Response: 31.2 hours (average). Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Obligation to Respond: Mandatory. The statutory authority for this information collection is contained in sections 1, 2, 3, 4, 10, 201, 202, 301, 303, 316, 332, 403, 501, 503 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, as amended, and 47 U.S.C. 151, 152, 153, 154, 160, 201, 202, 301, 303, 316, 332, 403, 501, 503, and 1302. Total Annual Burden: 99,466 hours. Total Annual Cost: $640,000. Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information (PII) from individuals. Privacy Act: No impact(s). Needs and Uses: The Commission's transparency rule for providers of broadband Internet access service require all providers of broadband Internet access service to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of their broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings. The rules ensure transparency and continued Internet openness, while making clear that broadband providers can manage their networks effectively. The enhancements to the transparency rule adopted in the Open Internet Order will better enable end-user consumers to make informed choices about broadband services by providing them with timely information tailored more specifically to their needs, and will similarly provide edge providers with the information necessary to develop new content, applications, services, and devices that promote the virtuous cycle of investment and innovation. The Commission anticipates that small entities may have less of a burden, and larger entities may have more of a burden than the average compliance burden. This is because larger entities serve more customers, are more likely to serve multiple geographic regions, and are not eligible to avail themselves of the temporary exemption from the enhancements granted to smaller providers. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2016-30766 Filed 12-20-16; 8:45 am] BILLING CODE 6712-01-P
![93638 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations
FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This the public that it received final OMB
COMMISSION document announces that, on December approval on December 15, 2016, for the
15, 2016, OMB approved, for a period of information collection requirements
47 CFR Parts 1, 8, and 20 three years, the information collection relating to the enhancements to the
requirements relating to the transparency rule, except for disclosure
[GN Docket No. 14–28; FCC 15–24] enhancements to the transparency rule of packet loss, contained in paragraphs
in paragraphs 164, 166, 167, 169, 173, 164, 166, 167, 169, 173, 174, 179, 180,
Protecting and Promoting the Open 174, 179, 180, and 181 of the and 181 of the Commission’s Open
Internet Commission’s Open Internet Order, GN Internet Order applicable to mobile
Docket No. 14–28, FCC 15–24, broadband Internet access service.
AGENCY: Federal Communications published at 80 FR 19737, April 13, During OMB’s review of the modified
Commission. 2015 applicable to fixed broadband information collection, it determined
ACTION: Final rule; announcement of Internet access service. The OMB that the mobile broadband disclosures
applicability date. Control Number is 3060–1158. This were at a different stage than the fixed
document also announces that, on broadband disclosures and should
SUMMARY: In this document, the therefore be approved for two years,
December 15, 2016, OMB approved, for
Commission announces that the Office a period of two years, the information with conditions, rather than the three
of Management and Budget (OMB) has collection requirements relating to the year approval, without conditions, for
approved, for a period of three years for enhancements to the transparency rule, fixed broadband. OMB therefore issued
fixed broadband Internet access service except for disclosure of packet loss, in Control No. 3060–1220 for
(3060–1158) and for a period of two paragraphs 164, 166, 167, 169, 173, 174, Transparency Rule Disclosures,
years for mobile broadband Internet 179, 180, and 181 of the Commission’s Protecting and Promoting the Open
access service (3060–1220), the Open Internet Order, GN Docket No. 14– Internet, Report and Order on Remand,
information collections associated with 28, FCC 15–24, published at 80 FR Declaratory Ruling, and Order, GN
the transparency rule enhancements 19737, April 13, 2015 applicable to Docket No. 14–28, FCC 15–24 (Mobile
adopted by the Commission in mobile broadband Internet access Broadband Disclosures) and Control No.
Protecting and Promoting the Open service. The OMB Control Number is 3060–1158 for Transparency Rule
Internet, Report and Order on Remand, 3060–1220. The Commission sought Disclosures, Protecting and Promoting
Declaratory Ruling, and Order (Open public comment on the associated the Open Internet, Report and Order on
Internet Order). On August 11, 2015, the burden estimates on May 20, 2015 (80 Remand, Declaratory Ruling, and Order,
Commission requested approval of a FR 29000) and on August 11, 2016 (81 GN Docket No. 14–28, FCC 15–24 (Fixed
modified information collection to FR 53145). The Commission publishes Broadband Disclosures). Although there
include the transparency rule this document as an announcement of is a separate collection for mobile
enhancements. OMB has approved the the applicability date of the broadband disclosures, the FCC is
information collection as it applies to enhancements. If you have any reporting an identical burden estimate
fixed broadband Internet access service comments on the burden estimates for the calculation and disclosure of
for a period of three years (3060–1158) listed below, or how the Commission broadband performance data by both
and, except for disclosure of packet loss, can improve the collections and reduce fixed and mobile broadband providers,
as it applies to mobile broadband any burdens caused thereby, please which was subject to public review and
Internet access service for a period of contact Cathy Williams, Federal comment. Under 5 CFR 1320, an agency
two years (3060–1220). The Open Communications Commission, Room 1– may not conduct or sponsor a collection
Internet Order stated that the C823, 445 12th Street SW., Washington, of information unless it displays a
Commission would publish a document DC 20554. Please include the OMB current, valid OMB Control Number.
in the Federal Register announcing the Control Numbers, 3060–1158 and 3060– No person shall be subject to any
effective of the modified information 1220, in your correspondence. The penalty for failing to comply with a
collection requirements associated with Commission will also accept your collection of information subject to the
the enhancements following OMB comments via email at PRA@fcc.gov. Paperwork Reduction Act that does not
approval. To request materials in accessible display a current, valid OMB Control
DATES: The modified information formats for people with disabilities Number. The OMB Control Number for
collection requirements contained in (Braille, large print, electronic files, fixed broadband Internet access service
paragraphs 164, 166, 167, 169, 173, 174, audio format), send an email to fcc504@ is 3060–1158. The OMB Control
179, 180, and 181, published at 80 FR fcc.gov or call the Consumer and Number for mobile broadband Internet
19737, April 13, 2015, are applicable Governmental Affairs Bureau at (202) access service is 3060–1220.
January 17, 2017 for fixed broadband 418–0530 (voice), (202) 418–0432 The foregoing notice is required by
Internet access service. The modified (TTY). the Paperwork Reduction Act of 1995,
information collection requirements, Synopsis Public Law 104–13, October 1, 1995,
except for disclosure of packet loss, and 44 U.S.C. 3507.
As required by the Paperwork The total annual reporting burdens
contained in paragraphs 164, 166, 167, Reduction Act of 1995 (44 U.S.C. 3507),
169, 173, 174, 179, 180, and 181, and costs for the respondents are as
the FCC is notifying the public that it follows:
published at 80 FR 19737, April 13, received final OMB approval on
2015, are applicable January 17, 2017 OMB Control Numbers: 3060–1158
asabaliauskas on DSK3SPTVN1PROD with RULES
December 15, 2016, for the information (fixed broadband) and 3060–1220
for mobile broadband Internet access collection requirements relating to the
service. (mobile broadband).
enhancements to the transparency rule OMB Approval Date: December 15,
FOR FURTHER INFORMATION CONTACT: John contained in paragraphs 164, 166, 167, 2016.
B. Adams, Consumer Policy Division, 169, 173, 174, 179, 180, and 181 of the OMB Expiration Date: December 31,
Consumer and Governmental Affairs Commission’s Open Internet Order 2019 for fixed broadband Internet access
Bureau, at (202) 418–2854, or email: applicable to fixed broadband Internet service; December 31, 2018 for mobile
JohnB.Adams@fcc.gov. access service. The FCC also is notifying broadband Internet access service.
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![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93639
Title: Transparency Rule Disclosures, larger entities may have more of a Falls Church, VA 22041–3803; 703–
Protecting and Promoting the Open burden than the average compliance 358–2171.
Internet, Report and Order on Remand, burden. This is because larger entities SUPPLEMENTARY INFORMATION:
Declaratory Ruling, and Order, GN serve more customers, are more likely to
Docket No. 14–28, FCC 15–24. serve multiple geographic regions, and Background
Form Number: N/A. are not eligible to avail themselves of In accordance with the Act (16 U.S.C.
Respondents: Businesses or other for- the temporary exemption from the 1531 et seq.) and Reorganization Plan
profit entities; Not-for profit entities; enhancements granted to smaller No. 4 of 1970 (35 FR 15627; October 6,
State, local or tribal governments. providers. 1970), NMFS has jurisdiction over the
Number of Respondents and marine taxa identified in this rule.
Federal Communications Commission.
Responses: 3,188 respondents; 3,188 Under section 4(a)(2) of the Act, NMFS
responses. Marlene H. Dortch,
must decide whether a species under its
Estimated Time per Response: 31.2 Secretary. jurisdiction should be classified as an
hours (average). [FR Doc. 2016–30766 Filed 12–20–16; 8:45 am] endangered or threatened species.
Frequency of Response: On occasion BILLING CODE 6712–01–P NMFS makes these determinations via
reporting requirement; Third party its rulemaking process. We, the Service,
disclosure requirement. are then responsible for publishing final
Obligation to Respond: Mandatory. DEPARTMENT OF THE INTERIOR rules to amend the Lists of Endangered
The statutory authority for this and Threatened Wildlife and Plants
information collection is contained in Fish and Wildlife Service (Lists) in title 50 of the Code of Federal
sections 1, 2, 3, 4, 10, 201, 202, 301, Regulations (CFR) at 50 CFR 17.11(h)
303, 316, 332, 403, 501, 503 of the 50 CFR Part 17 and 17.12(h), respectively.
Communications Act of 1934, as Under section 4(a)(2)(A) of the Act, if
[Docket No. FWS–HQ–ES–2016–0126;
amended, and section 706 of the FXES11130900000 167 FF09E42000] NMFS determines that a species should
Telecommunications Act of 1996, as be listed as endangered or threatened, or
amended, and 47 U.S.C. 151, 152, 153, RIN 1018–BB80 that a species’ status should be changed
154, 160, 201, 202, 301, 303, 316, 332, from threatened to endangered, then
403, 501, 503, and 1302. Endangered and Threatened Wildlife NMFS is required to inform the Service
Total Annual Burden: 99,466 hours. and Plants; Identification of 14 Distinct of the status change. The Service is then
Total Annual Cost: $640,000. Population Segments of the Humpback responsible for implementing the status
Nature and Extent of Confidentiality: Whale and Revision of Species-Wide change by publishing a final rule to
An assurance of confidentiality is not Listing amend the appropriate List at 50 CFR
offered because this information 17.11(h) or 17.12(h). Under section
AGENCY: Fish and Wildlife Service,
collection does not require the 4(a)(2)(B) of the Act, if NMFS
Interior.
collection of personally identifiable determines that a species should be
information (PII) from individuals. ACTION: Final rule.
removed from the List (delisted), or that
Privacy Act: No impact(s). a species’ status should be changed from
SUMMARY: We, the U.S. Fish and
Needs and Uses: The Commission’s an endangered to a threatened species,
transparency rule for providers of Wildlife Service (Service), in
accordance with the Endangered then NMFS is required to recommend
broadband Internet access service the status change to the Service. If the
require all providers of broadband Species Act of 1973, as amended (Act),
are amending the List of Endangered Service concurs with the recommended
Internet access service to publicly status change, then the Service will
disclose accurate information regarding and Threatened Wildlife (List) by
removing the current species-level implement the status change by
the network management practices, publishing a final rule to amend the
performance, and commercial terms of listing of the humpback whale
(Megaptera novaeangliae), and in its appropriate List.
their broadband Internet access services On April 21, 2015, NMFS published
sufficient for consumers to make place listing the Cape Verde Islands/
Northwest Africa, Western North a proposed rule (80 FR 22304) to remove
informed choices regarding use of such the species-level listing of the
services and for content, application, Pacific, Central America, and Arabian
humpback whale (Megaptera
service, and device providers to Sea distinct population segments (DPSs)
novaeangliae) from 50 CFR part 224 and
develop, market, and maintain Internet as endangered and the Mexico DPS as
in its place list the Cape Verde Islands/
offerings. The rules ensure transparency threatened. Humpback whales in the
Northwest Africa and Arabian Sea DPSs
and continued Internet openness, while remaining DPSs will no longer be
as endangered (at 50 CFR part 224) and
making clear that broadband providers protected under the Act. This
the Western North Pacific and Central
can manage their networks effectively. amendment is based on a previously
America DPSs as threatened (at 50 CFR
The enhancements to the transparency published determination by the
part 223). NMFS solicited public
rule adopted in the Open Internet Order National Marine Fisheries Service
comments on the proposed rule for 90
will better enable end-user consumers to (NMFS) of the National Oceanic and
days, ending July 20, 2015. On
make informed choices about broadband Atmospheric Administration, September 8, 2016, NMFS published a
services by providing them with timely Department of Commerce, which has final rule (81 FR 62260) to list the Cape
information tailored more specifically to jurisdiction for this species. Verde Islands/Northwest Africa,
asabaliauskas on DSK3SPTVN1PROD with RULES
their needs, and will similarly provide DATES: This rule is effective December Western North Pacific, Central America,
edge providers with the information 21, 2016. Applicability date: The revised and Arabian Sea DPSs as endangered
necessary to develop new content, listings were applicable as of October and the Mexico DPS as threatened. As
applications, services, and devices that 11, 2016. of the effective date of NMFS’ rule
promote the virtuous cycle of FOR FURTHER INFORMATION CONTACT: Don (October 11, 2016), the humpback
investment and innovation. The Morgan, Chief, Branch of Recovery and whales that make up the remaining nine
Commission anticipates that small State Grants, U.S. Fish and Wildlife DPSs identified in the rule are no longer
entities may have less of a burden, and Service, MS–ES, 5275 Leesburg Pike, listed under the Act.
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Document Created: 2018-02-14 09:12:08
Document Modified: 2018-02-14 09:12:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; announcement of applicability date. | |
| Dates | The modified information collection requirements contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181, published at 80 FR 19737, April 13, 2015, are applicable January 17, 2017 for fixed broadband Internet access service. The modified information collection requirements, except for disclosure of packet loss, contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181, published at 80 FR 19737, April 13, 2015, are applicable January 17, 2017 for mobile broadband Internet access service. | |
| Contact | John B. Adams, Consumer Policy Division, Consumer and Governmental Affairs Bureau, at (202) 418-2854, or email: [email protected] | |
| FR Citation | 81 FR 93638 | |
| CFR Citation | 47
CFR
1 47 CFR 20 47 CFR 8 |
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