Commissioner Clyburn Statement on Small Business Exemption

Commissioner Mignon Clyburn of the Federal Communications Commission issued the following statement in response to the Commission’s failure to address the needs ofsmall broadband providers:

“Nearly two years ago, in the lead up to the Commission’s adoption of the 2015 Open Internet Order, I fought hard to ensure that our nation’s smallest broadband service providers would be free from undue burden when it comes to enhancements to the FCC’s transparency rule. It pains me to report today, that not only have those enhancements gone into effect for all providers, but the Order which would have protected small providers from this enhanced requirement, failed to get adopted by this body. This means that now, even providers with just a handful of customers, must comply with every one of the enhancements to our transparency rules. I am extremely disappointed that the Commission did not reach consensus on extending the exemption pending resolution of a rulemaking on this issue. Over a month ago, I voted to establish commonsense protections for small service providers from these enhanced requirements: the only FCC Commissioner to do so. I acted then, and still today feel, that while increased transparency is desirable, we should never abandon our duty to ensure that regulatory benefits outweigh regulatory burdens, particularly when it comes to small businesses. This ‘flash cut’ is unfair to the smallest operators, the very ones who believed that our government would protect them from undue burdens. Today, we failed as a Commission, but I am hopeful we will rectify that failure soon."