[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93638-93639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30766]



[[Page 93638]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 8, and 20

[GN Docket No. 14-28; FCC 15-24]


Protecting and Promoting the Open Internet

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of applicability date.

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

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years 
for fixed broadband Internet access service (3060-1158) and for a 
period of two years for mobile broadband Internet access service (3060-
1220), the information collections associated with the transparency 
rule enhancements adopted by the Commission in Protecting and Promoting 
the Open Internet, Report and Order on Remand, Declaratory Ruling, and 
Order (Open Internet Order). On August 11, 2015, the Commission 
requested approval of a modified information collection to include the 
transparency rule enhancements. OMB has approved the information 
collection as it applies to fixed broadband Internet access service for 
a period of three years (3060-1158) and, except for disclosure of 
packet loss, as it applies to mobile broadband Internet access service 
for a period of two years (3060-1220). The Open Internet Order stated 
that the Commission would publish a document in the Federal Register 
announcing the effective of the modified information collection 
requirements associated with the enhancements following OMB approval.

DATES: The modified information collection requirements contained in 
paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181, published 
at 80 FR 19737, April 13, 2015, are applicable January 17, 2017 for 
fixed broadband Internet access service. The modified information 
collection requirements, except for disclosure of packet loss, 
contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 
181, published at 80 FR 19737, April 13, 2015, are applicable January 
17, 2017 for mobile broadband Internet access service.

FOR FURTHER INFORMATION CONTACT: John B. Adams, Consumer Policy 
Division, Consumer and Governmental Affairs Bureau, at (202) 418-2854, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on December 
15, 2016, OMB approved, for a period of three years, the information 
collection requirements relating to the enhancements to the 
transparency rule in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, 
and 181 of the Commission's Open Internet Order, GN Docket No. 14-28, 
FCC 15-24, published at 80 FR 19737, April 13, 2015 applicable to fixed 
broadband Internet access service. The OMB Control Number is 3060-1158. 
This document also announces that, on December 15, 2016, OMB approved, 
for a period of two years, the information collection requirements 
relating to the enhancements to the transparency rule, except for 
disclosure of packet loss, in paragraphs 164, 166, 167, 169, 173, 174, 
179, 180, and 181 of the Commission's Open Internet Order, GN Docket 
No. 14-28, FCC 15-24, published at 80 FR 19737, April 13, 2015 
applicable to mobile broadband Internet access service. The OMB Control 
Number is 3060-1220. The Commission sought public comment on the 
associated burden estimates on May 20, 2015 (80 FR 29000) and on August 
11, 2016 (81 FR 53145). The Commission publishes this document as an 
announcement of the applicability date of the enhancements. 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 contact Cathy Williams, Federal Communications 
Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. 
Please include the OMB Control Numbers, 3060-1158 and 3060-1220, in 
your correspondence. The Commission will also accept your comments via 
email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] 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 December 15, 2016, for the information collection 
requirements relating to the enhancements to the transparency rule 
contained in paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181 
of the Commission's Open Internet Order applicable to fixed broadband 
Internet access service. The FCC also is notifying the public that it 
received final OMB approval on December 15, 2016, for the information 
collection requirements relating to the enhancements to the 
transparency rule, except for disclosure of packet loss, contained in 
paragraphs 164, 166, 167, 169, 173, 174, 179, 180, and 181 of the 
Commission's Open Internet Order applicable to mobile broadband 
Internet access service.
    During OMB's review of the modified information collection, it 
determined that the mobile broadband disclosures were at a different 
stage than the fixed broadband disclosures and should therefore be 
approved for two years, with conditions, rather than the three year 
approval, without conditions, for fixed broadband. OMB therefore issued 
Control No. 3060-1220 for Transparency Rule Disclosures, Protecting and 
Promoting the Open Internet, Report and Order on Remand, Declaratory 
Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (Mobile Broadband 
Disclosures) and Control No. 3060-1158 for Transparency Rule 
Disclosures, Protecting and Promoting the Open Internet, Report and 
Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, 
FCC 15-24 (Fixed Broadband Disclosures). Although there is a separate 
collection for mobile broadband disclosures, the FCC is reporting an 
identical burden estimate for the calculation and disclosure of 
broadband performance data by both fixed and mobile broadband 
providers, which was subject to public review and comment. Under 5 CFR 
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 for fixed broadband Internet access service is 3060-
1158. The OMB Control Number for mobile broadband Internet access 
service is 3060-1220.
    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 Numbers: 3060-1158 (fixed broadband) and 3060-1220 
(mobile broadband).
    OMB Approval Date: December 15, 2016.
    OMB Expiration Date: December 31, 2019 for fixed broadband Internet 
access service; December 31, 2018 for mobile broadband Internet access 
service.

[[Page 93639]]

    Title: Transparency Rule Disclosures, Protecting and Promoting the 
Open Internet, Report and Order on Remand, Declaratory Ruling, and 
Order, GN Docket No. 14-28, FCC 15-24.
    Form Number: N/A.
    Respondents: Businesses or other for-profit entities; Not-for 
profit entities; State, local or tribal governments.
    Number of Respondents and Responses: 3,188 respondents; 3,188 
responses.
    Estimated Time per Response: 31.2 hours (average).
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Mandatory. The statutory authority for this 
information collection is contained in sections 1, 2, 3, 4, 10, 201, 
202, 301, 303, 316, 332, 403, 501, 503 of the Communications Act of 
1934, as amended, and section 706 of the Telecommunications Act of 
1996, as amended, and 47 U.S.C. 151, 152, 153, 154, 160, 201, 202, 301, 
303, 316, 332, 403, 501, 503, and 1302.
    Total Annual Burden: 99,466 hours.
    Total Annual Cost: $640,000.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information (PII) 
from individuals.
    Privacy Act: No impact(s).
    Needs and Uses: The Commission's transparency rule for providers of 
broadband Internet access service require all providers of broadband 
Internet access service to publicly disclose accurate information 
regarding the network management practices, performance, and commercial 
terms of their 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 rules ensure transparency 
and continued Internet openness, while making clear that broadband 
providers can manage their networks effectively. The enhancements to 
the transparency rule adopted in the Open Internet Order will better 
enable end-user consumers to make informed choices about broadband 
services by providing them with timely information tailored more 
specifically to their needs, and will similarly provide edge providers 
with the information necessary to develop new content, applications, 
services, and devices that promote the virtuous cycle of investment and 
innovation. The Commission anticipates that small entities may have 
less of a burden, and larger entities may have more of a burden than 
the average compliance burden. This is because larger entities serve 
more customers, are more likely to serve multiple geographic regions, 
and are not eligible to avail themselves of the temporary exemption 
from the enhancements granted to smaller providers.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2016-30766 Filed 12-20-16; 8:45 am]
BILLING CODE 6712-01-P