83 FR 21927 - Restoring Internet Freedom

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range		21927-21928
FR Document		2018-10063

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order (Order)'s transparency rule. This document is consistent with the Order, which stated that the Commission would publish a notice in the Federal Register announcing the effective date of the refinements to the transparency rule, the delayed amendatory instructions revising the Commission's rules consistent with the Order, and the Order, which among other things restore the classification of broadband internet access service as an information service, reinstate the private mobile service classification of mobile broadband internet access service, and eliminate the conduct rules imposed by the Title II Order.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21927-21928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10063]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 8, and 20

[WC Docket No. 17-108, FCC 17-166]


Restoring Internet Freedom

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Restoring 
Internet Freedom Declaratory Ruling, Report and Order, and Order 
(Order)'s transparency rule. This document is consistent with the 
Order, which stated that the Commission would publish a notice in the 
Federal Register announcing the effective date of the refinements to 
the transparency rule, the delayed amendatory instructions revising the 
Commission's rules consistent with the Order, and the Order, which 
among other things restore the classification of broadband internet 
access service as an information service, reinstate the private mobile 
service classification of mobile broadband internet access service, and 
eliminate the conduct rules imposed by the Title II Order.

DATES: The Order and amendments to 47 CFR 1.49, 8.1, 8.2, 8.3, 8.5, 
8.7, 8.9, 8.11, 8.12, 8.13, 8.14, 8.15, 8.16, 8.17, 8.18, 8.19, and 
20.3, published at 83 FR 7852, February 22, 2018, are effective June 
11, 2018.

FOR FURTHER INFORMATION CONTACT: Ramesh Nagarajan, Competition Policy 
Division, Wireline Competition Bureau, at (202) 418-2582, or 
Ramesh.Nagarajan@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on May 2, 
2018, OMB approved, for a period of three years, the information 
collection requirements relating to the transparency rule contained in 
the Commission's Order, FCC 17-166, published at 83 FR 7852, February 
22, 2018. The OMB Control Number is 3060-1158. The Commission publishes 
this document as an announcement of the effective date of the 
refinements to the transparency rule, the delayed amendatory 
instructions (amendatory instructions 2, 3, 5, 6, and 8 published at 83 
FR 7852, February 22, 2018), and the Order, which among other things 
restore the classification of broadband internet access service as an 
information service, reinstate the private mobile service 
classification of mobile broadband internet access service, and 
eliminate the conduct rules imposed by the Title II Order. 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 email PRA@fcc.gov or contact Nicole Ongele, Federal 
Communications Commission, at Nicole.Ongele@fcc.gov or (202) 418-2991. 
Please include the OMB Control Number, 3060-1158, in your 
correspondence.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov 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 May 2, 2018, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR part 
8. Under 5 CFR part 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 is 3060-1158.
    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 Number: 3060-1158.
    OMB Approval Date: May 2, 2018.
    OMB Expiration Date: May 31, 2021.
    Title: Transparency Rule Disclosures, Restoring Internet Freedom, 
Report and Order, WC Docket No. 17-108, FCC 17-166.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, Not-for-profit 
entities, State, local, or Tribal governments.
    Number of Respondents and Responses: 1,919 respondents; 1,919 
responses.
    Estimated Time per Response: 26 hours.
    Frequency of Response: On-occasion reporting requirement; Third-
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Section 257 of the Communications Act of 1934, as amended, 47 U.S.C. 
257.
    Total Annual Burden: 49,894 hours.
    Total Annual Cost: $560,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Needs and Uses: The Order revises the information collection 
requirements applicable to internet service providers (ISPs). The Order 
requires an ISP to publicly disclose network management practices, 
performance characteristics, and commercial terms of its broadband

[[Page 21928]]

internet access service sufficient to enable consumers to make informed 
choices regarding the purchase and use of such services, and 
entrepreneurs and other small businesses to develop, market, and 
maintain internet offerings. As part of these disclosures, the rule 
requires ISPs to disclose their congestion management, application-
specific behavior, device attachment rules, and security practices, as 
well as any blocking, throttling, affiliated prioritization, or paid 
prioritization in which they engage. Specifically, the rule requires 
ISPs to disclose:
     Blocking. Any practice (other than reasonable network 
management elsewhere disclosed) that blocks or otherwise prevents end 
user access to lawful content, applications, service, or non-harmful 
devices, including a description of what is blocked.
     Throttling. Any practice (other than reasonable network 
management elsewhere disclosed) that degrades or impairs access to 
lawful internet traffic on the basis of content, application, service, 
user, or use of a non-harmful device, including a description of what 
is throttled.
     Affiliated Prioritization. Any practice that directly or 
indirectly favors some traffic over other traffic, including through 
use of techniques such as traffic shaping, prioritization, or resource 
reservation, to benefit an affiliate, including identification of the 
affiliate.
     Paid Prioritization. Any practice that directly or 
indirectly favors some traffic over other traffic, including through 
use of techniques such as traffic shaping, prioritization, or resource 
reservation, in exchange for consideration, monetary or otherwise.
     Congestion Management. Descriptions of congestion 
management practices, if any. These descriptions should include the 
types of traffic subject to the practices; the purposes served by the 
practices; the practices' effects on end users' experience; criteria 
used in practices, such as indicators of congestion that trigger a 
practice, including any usage limits triggering the practice, and the 
typical frequency of congestion; usage limits and the consequences of 
exceeding them; and references to engineering standards, where 
appropriate.
     Application-Specific Behavior. Whether and why the ISP 
blocks or rate-controls specific protocols or protocol ports, modifies 
protocol fields in ways not prescribed by the protocol standard, or 
otherwise inhibits or favors certain applications or classes of 
applications.
     Device Attachment Rules. Any restrictions on the types of 
devices and any approval procedures for devices to connect to the 
network.
     Security. Any practices used to ensure end-user security 
or security of the network, including types of triggering conditions 
that cause a mechanism to be invoked (but excluding information that 
could reasonably be used to circumvent network security).
    The rule also requires ISPs to disclose performance 
characteristics, including a service description and the impact of non-
broadband internet access services data services. Specifically, the 
rule requires ISPs to disclose a general description of the service--
including the service technology, expected and actual access speed and 
latency, and the suitability of the service for real-time 
applications--as well as what non-broadband internet access service 
data services, if any, are offered to end users, and whether and how 
any non-broadband internet access service data services may affect the 
last-mile capacity available for, and the performance of, broadband 
internet access service.
    Finally, the rule requires ISPs to disclose commercial terms of 
service, including price of the service, privacy policies, and redress 
options. Specifically, the rule requires disclosure of, for example, 
monthly prices, usage-based fees, and fees for early termination or 
additional network services; a complete and accurate disclosure about 
the ISP's privacy practices, if any, including whether any network 
management practices entail inspection of network traffic, and whether 
traffic is stored, provided to third parties, or used by the ISP for 
non-network management purposes; and practices for resolving complaints 
and questions from consumers, entrepreneurs, and other small 
businesses. The rule requires ISPs to make such disclosures either via 
a publicly available, easily accessible website or through transmittal 
to the Commission, which will make such disclosures available via a 
publicly available, easily accessible website.
    The Order eliminates the additional reporting obligations adopted 
in the Title II Order and the related guidance in the 2016 Advisory 
Guidance and returns to the requirements established in the Open 
internet Order. In addition, the Order eliminates the direct 
notification requirement adopted in the Title II Order.
    The Commission anticipates that the revised disclosures will 
empower consumers and businesses with information about their broadband 
internet access service, protecting the openness of the internet. The 
information collection will assist the Commission in its statutory 
obligation to report to Congress on market entry barriers in the 
telecommunications market.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2018-10063 Filed 5-10-18; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21927

4. On page 17043, in the collection of Order, and Order (Order)’s transparency 418–0530 (voice), (202) 418–0432
information section, ‘‘We invite public rule. This document is consistent with (TTY).
comments on these information the Order, which stated that the
Synopsis
collection requirements. If you wish to Commission would publish a notice in
comment, please submit your comments the Federal Register announcing the As required by the Paperwork
electronically as specified in the effective date of the refinements to the Reduction Act of 1995 (44 U.S.C. 3507),
ADDRESSES section of this final rule and transparency rule, the delayed the FCC is notifying the public that it
identify the rule (CMS–9930–F), the amendatory instructions revising the received final OMB approval on May 2,
ICR’s CFR citation, CMS ID number, and Commission’s rules consistent with the 2018, for the information collection
OMB control number.’’ is corrected to Order, and the Order, which among requirements contained in the
read, other things restore the classification of modifications to the Commission’s rules
‘‘We invite public comments on these broadband internet access service as an in 47 CFR part 8. Under 5 CFR part
information collection requirements. If information service, reinstate the private 1320, an agency may not conduct or
you wish to comment, please identify mobile service classification of mobile sponsor a collection of information
the rule (CMS–9930–F) the ICR’s CFR broadband internet access service, and unless it displays a current, valid OMB
citation, CMS ID number, and OMB eliminate the conduct rules imposed by Control Number.
control number. Comments and the Title II Order. No person shall be subject to any
recommendations must be received by DATES: The Order and amendments to penalty for failing to comply with a
the OMB desk officer via one of the 47 CFR 1.49, 8.1, 8.2, 8.3, 8.5, 8.7, 8.9, collection of information subject to the
following transmissions: OMB, Office of 8.11, 8.12, 8.13, 8.14, 8.15, 8.16, 8.17, Paperwork Reduction Act that does not
Information and Regulatory Affairs; 8.18, 8.19, and 20.3, published at 83 FR display a current, valid OMB Control
Attention: CMS Desk Officer; Fax: (202) 7852, February 22, 2018, are effective Number. The OMB Control Number is
395–5806 OR Email: OIRA_submission@ June 11, 2018. 3060–1158.
omb.eop.gov. FOR FURTHER INFORMATION CONTACT:
The foregoing notice is required by
To obtain copies of a supporting Ramesh Nagarajan, Competition Policy the Paperwork Reduction Act of 1995,
statement and any related forms for the Division, Wireline Competition Bureau, Public Law 104–13, October 1, 1995,
collection(s) summarized in this rule, at (202) 418–2582, or and 44 U.S.C. 3507.
you may make your request using one Ramesh.Nagarajan@fcc.gov. The total annual reporting burdens
of following: and costs for the respondents are as
SUPPLEMENTARY INFORMATION: This
1. Access CMS’ website address at follows:
document announces that, on May 2, OMB Control Number: 3060–1158.
website address at https://www.cms.gov/ 2018, OMB approved, for a period of
Regulations-and-Guidance/Legislation/ OMB Approval Date: May 2, 2018.
three years, the information collection OMB Expiration Date: May 31, 2021.
PaperworkReductionActof1995/PRA- requirements relating to the
Listing.html. Title: Transparency Rule Disclosures,
transparency rule contained in the Restoring Internet Freedom, Report and
2. Email your request, including your Commission’s Order, FCC 17–166,
address, phone number, OMB number, Order, WC Docket No. 17–108, FCC 17–
published at 83 FR 7852, February 22, 166.
and CMS document identifier, to 2018. The OMB Control Number is
Paperwork@cms.hhs.gov. Form Number: N/A.
3060–1158. The Commission publishes Respondents: Business or other for-
3. Call the Reports Clearance Office at this document as an announcement of profit entities, Not-for-profit entities,
(410) 786–1326.’’ the effective date of the refinements to State, local, or Tribal governments.
Dated: May 7, 2018. the transparency rule, the delayed Number of Respondents and
Ann C. Agnew, amendatory instructions (amendatory Responses: 1,919 respondents; 1,919
Executive Secretary to the Department, instructions 2, 3, 5, 6, and 8 published responses.
Department of Health and Human Services. at 83 FR 7852, February 22, 2018), and Estimated Time per Response: 26
[FR Doc. 2018–10089 Filed 5–10–18; 8:45 am] the Order, which among other things hours.
BILLING CODE 4120–01–P restore the classification of broadband Frequency of Response: On-occasion
internet access service as an information reporting requirement; Third-party
service, reinstate the private mobile disclosure requirement.
FEDERAL COMMUNICATIONS service classification of mobile Obligation to Respond: Required to
COMMISSION broadband internet access service, and obtain or retain benefits. The statutory
eliminate the conduct rules imposed by authority for this information collection
47 CFR Parts 1, 8, and 20 the Title II Order. If you have any is contained in Section 257 of the
comments on the burden estimates Communications Act of 1934, as
[WC Docket No. 17–108, FCC 17–166] listed below, or how the Commission amended, 47 U.S.C. 257.
Restoring Internet Freedom can improve the collections and reduce Total Annual Burden: 49,894 hours.
any burdens caused thereby, please Total Annual Cost: $560,000.
AGENCY: Federal Communications email PRA@fcc.gov or contact Nicole Privacy Act Impact Assessment: No
Commission. Ongele, Federal Communications impact(s).
ACTION: Final rule; announcement of Commission, at Nicole.Ongele@fcc.gov Nature and Extent of Confidentiality:
effective date. or (202) 418–2991. Please include the There is no need for confidentiality with
OMB Control Number, 3060–1158, in this information collection.
sradovich on DSK3GMQ082PROD with RULES

SUMMARY: In this document, the your correspondence. Needs and Uses: The Order revises
Commission announces that the Office To request materials in accessible the information collection requirements
of Management and Budget (OMB) has formats for people with disabilities applicable to internet service providers
approved, for a period of three years, the (Braille, large print, electronic files, (ISPs). The Order requires an ISP to
information collection associated with audio format), send an email to fcc504@ publicly disclose network management
the Commission’s Restoring Internet fcc.gov or call the Consumer and practices, performance characteristics,
Freedom Declaratory Ruling, Report and Governmental Affairs Bureau at (202) and commercial terms of its broadband

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21928 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations

internet access service sufficient to any approval procedures for devices to openness of the internet. The
enable consumers to make informed connect to the network. information collection will assist the
choices regarding the purchase and use • Security. Any practices used to Commission in its statutory obligation
of such services, and entrepreneurs and ensure end-user security or security of to report to Congress on market entry
other small businesses to develop, the network, including types of barriers in the telecommunications
market, and maintain internet offerings. triggering conditions that cause a market.
As part of these disclosures, the rule mechanism to be invoked (but Federal Communications Commission.
requires ISPs to disclose their excluding information that could
Katura Jackson,
congestion management, application- reasonably be used to circumvent
Federal Register Liaison Officer, Office of the
specific behavior, device attachment network security). Secretary.
rules, and security practices, as well as The rule also requires ISPs to disclose
[FR Doc. 2018–10063 Filed 5–10–18; 8:45 am]
any blocking, throttling, affiliated performance characteristics, including a
service description and the impact of BILLING CODE 6712–01–P
prioritization, or paid prioritization in
which they engage. Specifically, the rule non-broadband internet access services
requires ISPs to disclose: data services. Specifically, the rule
requires ISPs to disclose a general DEPARTMENT OF THE INTERIOR
• Blocking. Any practice (other than
reasonable network management description of the service—including
the service technology, expected and Fish and Wildlife Service
elsewhere disclosed) that blocks or
otherwise prevents end user access to actual access speed and latency, and the
suitability of the service for real-time 50 CFR Part 17
lawful content, applications, service, or
non-harmful devices, including a applications—as well as what non- [Docket No. FWS–R2–ES–2016–0137;
description of what is blocked. broadband internet access service data FXES11130900000 189 FF09E42000]
• Throttling. Any practice (other than services, if any, are offered to end users, RIN 1018–BB89
reasonable network management and whether and how any non-
elsewhere disclosed) that degrades or broadband internet access service data Endangered and Threatened Wildlife
services may affect the last-mile and Plants; Reclassifying
impairs access to lawful internet traffic
capacity available for, and the Echinocereus fendleri var. kuenzleri
on the basis of content, application,
performance of, broadband internet from Endangered to Threatened
service, user, or use of a non-harmful
access service.
device, including a description of what Finally, the rule requires ISPs to AGENCY: Fish and Wildlife Service,
is throttled. disclose commercial terms of service, Interior.
• Affiliated Prioritization. Any including price of the service, privacy ACTION: Final rule.
practice that directly or indirectly favors policies, and redress options.
some traffic over other traffic, including Specifically, the rule requires disclosure SUMMARY: We, the U.S. Fish and
through use of techniques such as traffic of, for example, monthly prices, usage- Wildlife Service (Service), reclassify
shaping, prioritization, or resource based fees, and fees for early Echinocereus fendleri var. kuenzleri
reservation, to benefit an affiliate, termination or additional network (Kuenzler hedgehog cactus) from
including identification of the affiliate. services; a complete and accurate endangered to threatened on the Federal
• Paid Prioritization. Any practice disclosure about the ISP’s privacy List of Endangered and Threatened
that directly or indirectly favors some practices, if any, including whether any Plants under the authority of the
traffic over other traffic, including network management practices entail Endangered Species Act of 1973, as
through use of techniques such as traffic inspection of network traffic, and amended (Act). This determination is
shaping, prioritization, or resource whether traffic is stored, provided to based on a thorough review of the best
reservation, in exchange for third parties, or used by the ISP for non- available scientific and commercial
consideration, monetary or otherwise. network management purposes; and information, which indicates that the
• Congestion Management. practices for resolving complaints and threats to this plant have been reduced
Descriptions of congestion management questions from consumers, to the point that it no longer meets the
practices, if any. These descriptions entrepreneurs, and other small definition of endangered under the Act,
should include the types of traffic businesses. The rule requires ISPs to but that it is likely to become an
subject to the practices; the purposes make such disclosures either via a endangered species within the
served by the practices; the practices’ foreseeable future.
publicly available, easily accessible
effects on end users’ experience; criteria website or through transmittal to the DATES: This rule is effective June 11,
used in practices, such as indicators of Commission, which will make such 2018.
congestion that trigger a practice, disclosures available via a publicly ADDRESSES: This final rule, as well as
including any usage limits triggering the available, easily accessible website. comments and materials received in
practice, and the typical frequency of The Order eliminates the additional response to the proposed rule, are
congestion; usage limits and the reporting obligations adopted in the available on the internet at http://
consequences of exceeding them; and Title II Order and the related guidance www.regulations.gov at Docket No.
references to engineering standards, in the 2016 Advisory Guidance and FWS–R2–ES–2016–0137. Comments
where appropriate. returns to the requirements established and materials we received, as well as
• Application-Specific Behavior. in the Open internet Order. In addition, supporting documentation used in
Whether and why the ISP blocks or rate- the Order eliminates the direct preparation of this rule, are available for
sradovich on DSK3GMQ082PROD with RULES

controls specific protocols or protocol notification requirement adopted in the public inspection at http://
ports, modifies protocol fields in ways Title II Order. www.regulations.gov and by
not prescribed by the protocol standard, The Commission anticipates that the appointment, during normal business
or otherwise inhibits or favors certain revised disclosures will empower hours, at U.S. Fish and Wildlife Service,
applications or classes of applications. consumers and businesses with New Mexico Ecological Services Field
• Device Attachment Rules. Any information about their broadband Office (see FOR FURTHER INFORMATION
restrictions on the types of devices and internet access service, protecting the CONTACT).

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Document Created: 2018-11-02 09:49:25
Document Modified: 2018-11-02 09:49:25

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 effective date.
Dates		The Order and amendments to 47 CFR 1.49, 8.1, 8.2, 8.3, 8.5, 8.7, 8.9, 8.11, 8.12, 8.13, 8.14, 8.15, 8.16, 8.17, 8.18, 8.19, and 20.3, published at 83 FR 7852, February 22, 2018, are effective June 11, 2018.
Contact		Ramesh Nagarajan, Competition Policy Division, Wireline Competition Bureau, at (202) 418-2582, or [email protected]
FR Citation		83 FR 21927
CFR Citation		47 CFR 1 47 CFR 20 47 CFR 8