FCC Requests Comments on Net Neutrality Transparency Information Collection

The Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the information collection necessary for the Restoring Internet Freedom Report and Order's rule requiring internet service providers disclosure of certain network management processes, performance characteristics, and other attributes of broadband internet access service. The order eliminates the additional collection imposed by the FCC's 2015 Open Internet Order and adds a few discrete elements to the information collection requirements. The Restoring Internet Freedom Order requires an ISP to publicly disclose network management practices, performance, and commercial terms of its broadband 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. The rule also requires ISPs to disclose performance characteristics, including a service description and the impact of nonbroadband internet access services data services. Finally, the rule requires ISPs to disclose the price of the service, privacy policies, and redress options. The rule requires ISPs to make such disclosure available 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 information collection will assist the FCC in its statutory obligation to report to Congress on market entry barriers in the telecommunications market. The FCC anticipates that the revised disclosures will empower consumers and businesses with information about their broadband internet access service, protecting the openness of the internet. Although this collection was bifurcated in 2016 with respect to fixed and mobile ISPs, the FCC seeks to have this collection encompass both fixed and mobile ISPs. Written comments should be submitted on or before March 19, 2018.