Rule2023-16449
Empowering Broadband Consumers Through Transparency
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2023
Effective
September 6, 2023
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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,
<a href="/cdn-cgi/l/email-protection#1653647f7577385b755b777e79785670757538717960"><span class="__cf_email__" data-cfemail="a7e2d5cec4c689eac4eac6cfc8c9e7c1c4c489c0c8d1">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#f2b193869a8bdca59b9e9e9b939f81b2949191dc959d84"><span class="__cf_email__" data-cfemail="470426332f3e69102e2b2b2e262a340721242469202831">[email protected]</span></a>.
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,
<a href="http://Getinternet.gov">Getinternet.gov</a>, in their broadband labels. The full text of this
document is available online at <a href="https://docs.fcc.gov/public/attachments/DA-23-617A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-617A1.pdf</a>. 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 <a href="/cdn-cgi/l/email-protection#7e181d1d4b4e4a3e181d1d50191108"><span class="__cf_email__" data-cfemail="294f4a4a1c191d694f4a4a074e465f">[email protected]</span></a> 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
``<a href="http://Getinternet.gov">Getinternet.gov</a>.'' 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: <a href="http://Accedeainternet.gov">Accedeainternet.gov</a>. 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
[[Page 52044]]
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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[GRAPHIC] [TIFF OMITTED] TR07AU23.715
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[FR Doc. 2023-16449 Filed 8-4-23; 8:45 am]
BILLING CODE 6712-01-C
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