[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52043-52046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16449]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 8

[CG Docket No. 22-2; DA 23-617; FR ID 157982]


Empowering Broadband Consumers Through Transparency

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules to update the template for the recently 
adopted broadband consumer label. The revised label template reflects a 
new Affordable Connectivity Program (ACP) application landing page. 
This action does not modify or otherwise change any entity's underlying 
responsibilities under the Broadband Label Order. It simply ensures 
that broadband internet access service providers know as early as 
possible what content must be displayed in the labels.

DATES: 
    Effective date: September 6, 2023.
    Compliance date: FCC will announce compliance dates for the 
amendments to 47 CFR 8.1(a)(1) by publication of a document in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Erica H. McMahon, 
[email protected] or (202) 418-0346, of the Consumer and 
Governmental Affairs Bureau, Consumer Policy Division. For information 
regarding the PRA information collection requirements contained in the 
PRA, contact Cathy Williams, Office of Managing Director, at (202) 418-
2918, or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 23-617, CG Docket No. 22-2, adopted and released on July 18, 2023, 
which requires providers to include the new ACP landing page, 
Getinternet.gov, in their broadband labels. The full text of this 
document is available online at https://docs.fcc.gov/public/attachments/DA-23-617A1.pdf. To request this document in accessible 
formats for people with disabilities (e.g., Braille, large print, 
electronic files, audio format) or to request reasonable accommodations 
(e.g., accessible format documents, sign language interpreters, CART), 
send an email to [email protected] or call the FCC's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice).

Final Paperwork Reduction Act of 1995 Analysis

    This document does not contain new or substantively modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does 
not contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).
    This document may contain non-substantive modifications to an 
information collection. Any such modifications will be submitted to OMB 
either: (1) as part of the submission of PRA information collection 
requirements adopted by the Commission in the Broadband Label Order for 
OMB review; or (2) separately pursuant to OMB's non-substantive 
modification process.

Congressional Review Act

    The Commission sent a copy of document DA 23-617 to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A).

Synopsis

    In this Order, the Commission modifies its rules to reflect an 
updated broadband label containing the new ACP landing page of 
``Getinternet.gov.'' We also make clear that, should a provider be 
required to display a Spanish version of the label, it must include the 
Spanish-language landing page for the ACP: Accedeainternet.gov. In the 
Broadband Label Order, the Commission stated that ``[t]he label 
required under Sec.  8.1(a)(1) must be provided in English and in any 
other languages in which the broadband internet access service provider 
markets its services in the United States.'' See 47 CFR 8.1(a)(4). This 
change simply ensures the label contains accurate information; it does 
not involve any policy change.
    We find good cause to make this rule change without notice and 
comment under section 553(b)(B) of the Administrative Procedure Act 
(APA). See 5 U.S.C. 553(b)(3)(B). Section 553(b)(B) of the APA provides 
exceptions to the notice and comment rulemaking procedures when, among 
other things, the agency finds good cause that the notice and comment 
requirements are ``impracticable, unnecessary, or contrary to the 
public interest'' with respect to the rule at issue. See 5 U.S.C. 
553(b)(B).
    We conclude that, in this case, the substitution of one Commission-
supplied URL for a different Commission-supplied URL in broadband 
providers' labels is insignificant in its nature and impact on 
regulated entities and beneficial to the broader public by ensuring the 
use of a URL that serves the intended purpose of the label. The minimal 
practical significance of the change is particularly true here, given 
that compliance with the label is not yet required and providers will 
have ample implementation time (either six months or one year, 
depending on the size of the provider's subscriber base) following 
Federal Register publication of OMB approval and modification of the 
codified rule. Similarly, it is in the best interest of providers that 
they know as early as possible what content must be displayed in the 
labels as they begin to create the labels. Accordingly, we find, for 
good cause, that it is ``unnecessary,'' within the meaning of section 
553(b)(B), to provide notice and an opportunity for public comment 
before implementing this rule revision.

Final Regulatory Flexibility Analysis

    Because this rule change was adopted without notice and comment, 
the Regulatory Flexibility Act does not apply.

List of Subjects in 47 CFR Part 8

    Cable television, Common carriers, Communications common carriers, 
Reporting and recordkeeping requirements, Satellites, 
Telecommunications, Telephone, Radio.

Federal Communications Commission.
Robert Garza,
Legal Advisor, Consumer and Governmental Affairs Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 8 as follows:

PART 8--INTERNET FREEDOM

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  47 U.S.C. 154, 201(b), 257, 303(r), and 1753.


0
2. Amend Sec.  8.1(a) by revising paragraph (a)(1) to read as follows:


Sec.  8.1  Transparency.

    (a) * * *
    (1) Any person providing broadband internet access service shall 
create and display an accurate broadband consumer label for each stand-
alone broadband internet access service it

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currently offers for purchase. The label must be prominently displayed, 
publicly available, and easily accessible to consumers, including 
consumers with disabilities, at the point of sale with the content and 
in the format prescribed by the Commission in ``[Fixed or Mobile] 
Broadband Consumer Disclosure,'' in figure 1 to this paragraph.

Figure 1 to Paragraph (a)(1)--[Fixed or Mobile] Broadband Consumer 
Disclosure Label

BILLING CODE 6712-01-P

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[FR Doc. 2023-16449 Filed 8-4-23; 8:45 am]
BILLING CODE 6712-01-C