Guidance on Open Internet Transparency Rule

The Federal Communications Commission's Enforcement Bureau and Office of General Counsel offer initial guidance regarding specific methods of disclosure that will be considered to comply with the transparency rule adopted in the FCC’s Open Internet Order. This guidance is intended for broadband providers seeking additional clarification about disclosure practices that will satisfy the rule when it becomes effective. The FCC emphasizes that the alternatives described here are examples of approaches to disclosure that would satisfy the transparency rule; broadband providers may implement alternative approaches that disclose information sufficient to adequately inform consumers and relevant third parties. And as noted in the Open Internet Order, the FCC or the Bureau may provide additional guidance in the future.

The FCC adopted the following transparency rule:
"A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its 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 Notice offers guidance in five specific areas: 1) Point-of-Sale Disclosures, 2) Service Description (Fixed and Mobile Broadband), 3) Extent of Required Disclosures, 4) Content, Applications, Service, and Device Providers, and 5) Security Measures.