In light of the FCC’s new Open Internet Order, broadband providers of all types (traditional wireline, cable, and wireless) should ensure that they remain in compliance with rules regarding transparency and disclosure of network management practices. The existing rules, adopted in 2010, prescribe that broadband providers must clearly disclose details about their networks, performance and commercial terms. Broadband providers should be including these disclosures on their websites and materials given to customers at the time of the sale.

The new rules were published in today’s Federal Register and will take effect June 12. For now, the enhanced transparency rule will not apply to small providers with fewer than 100,000 subscribers. These new rules will require larger providers to report “actual performance” metrics of their networks, including packet loss, and notify end users if their particular use will trigger a network practice that is likely to have a significant impact on their service. The FCC will evaluate whether or not these enhanced requirements will apply to small broadband providers in the future.

Violations of the FCC’s net neutrality rules will be subject to monetary forfeitures ranging from between $16,000 to $1.575 million. In addition, the new rules highlight the formal and informal complaint process that consumers, edge providers, and others can use to report an alleged violation. Broadband providers also may be required to produce evidence that they are in compliance with the rules.

JSI can assist any broadband provider that is concerned about its compliance. If your company has not already established and implemented the required broadband disclosures, JSI can assist your company to develop the requisite disclosures. In addition, JSI can work with you to update any existing disclosures to ensure that they meet the new requirements.

If you would like assistance with compliance, please contact Terri Parrilla or Cassandra Heyne in our Maryland office at 301-459-7590.

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