The Open Internet Order imposes new transparency rules on broadband Internet access service (“BIAS”) providers. However, in adopting these new rules, the Federal Communications Commission (“Commission”) adopted a temporary exception to the enhanced rules for BIAS providers with 100,000 or fewer subscribers. Earlier transparency rules adopted in the Commission’s 2010 Open Internet Order apply to BIAS providers regardless of size. In the 2015 Open Internet Order, the Commission directed its Consumer & Governmental Affairs Bureau (“CGB”) to adopt an Order by December 15, 2015 regarding whether to make the exception to the new transparency rules permanent.

On June 22, CGB released a Public Notice seeking comment on whether to make the exception to the enhanced transparency rules for small providers permanent. On July 6, the Public Notice was published in the Federal Register, which starts the clock for the comment and reply comment period for the Public Notice. The comment deadline is August 5, 2015, and the reply comment deadline is September 4, 2015.

If you have any questions about the impact of the Commission’s enhanced transparency requirements for BIAS providers on your business or you would like to comment on the CGB Public Notice, please contact Michael Donahue, 703-714-1319, or Jackie Hankins, 703-714-1314.