As noted above, in addition to ruling on complaints, the Commission has the authority to initiate enforcement actions on its own motion. For instance, section 403 of the Act permits the Commission to initiate an inquiry concerning any question arising under the Act, and section 503(b) authorizes us to issue citations and impose forfeiture penalties for violations of our rules. Should the Commission find that a broadband Internet provider is engaging in activity that violates the open Internet rules, we will take appropriate enforcement action, including the issuance of forfeitures.21
VI.Effective Date, OPEN INTERNET ADVISORY committee, and Commission Review
As described below in Part VII.B, some of the rules adopted in this Order contain new information collection requirements subject to the Paperwork Reduction Act (PRA). Our rules addressing transparency are among those requiring PRA approval. The disclosure rule is essential to the proper functioning of our open Internet framework, and we therefore make all the rules we adopt in this Order effective 60 days after the date of Federal Register notice announcing the decision of the Office of Management and Budget regarding approval of the information collection requirements.
To assist the Commission in monitoring the state of Internet openness and the effects of our rules, we intend to create an Open Internet Advisory Committee. The Committee, to be created in consultation with the General Services Administration pursuant to the Federal Advisory Committee Act, will be an inclusive and transparent body that will hold public meetings. It will be comprised of a balanced group including consumer advocates; Internet engineering experts; content, application, and service providers; network equipment and end-user-device manufacturers and suppliers; investors; broadband service providers; and other parties the Commission may deem appropriate. The Committee will aid the Commission in tracking developments with respect to the freedom and openness of the Internet, in particular with respect to issues discussed in this Order, including technical standards and issues relating to mobile broadband and specialized services.1 The Committee will report to the Commission and make recommendations it deems appropriate concerning our open Internet framework.
In light of the pace of change of technologies and the market for broadband Internet access service, and to evaluate the efficacy of the framework adopted today for preserving Internet openness, the Commission will review all of the rules in this Order no later than two years from their effective date, and will adjust its open Internet framework as appropriate.
As required by the Regulatory Flexibility Act (RFA),1 an Initial Regulatory Flexibility Analysis (IRFA) was incorporated into the Open Internet NPRM.2 The Commission sought written public comment on the possible significant economic impact on small entities regarding the proposals addressed in the Open Internet NPRM, including comments on the IRFA. Pursuant to the RFA, a Final Regulatory Flexibility Analysis is set forth in Appendix D.
B.Paperwork Reduction Act of 1995 Analysis
This document contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the general public, and other federal agencies are invited to comment on the new information collection requirements contained in this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees.
In this present document, we require broadband Internet access service providers to publicly disclose accurate information regarding the commercial terms, performance, and network management practices of their broadband Internet access services sufficient for end users to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings. We have assessed the effects of this rule and find that any burden on small businesses will be minimal because (1) the rule gives broadband Internet access service providers flexibility in how to implement the disclosure rule, and (2) the rule gives providers adequate time to develop cost-effective methods of compliance.
C.Congressional Review Act
The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A).
D.Data Quality Act
The Commission certifies that it has complied with the Office of Management and Budget Final Information Quality Bulletin for Peer Review, 70 Fed. Reg. 2664 (2005), and the Data Quality Act, Pub. L. No. 106-554 (2001), codified at 44 U.S.C. § 3516 note, with regard to its reliance on influential scientific information in the Report and Order in GN Docket No. 09-191 and WC Docket No. 07-52.3
E.Accessible Formats
To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Contact the FCC to request reasonable accommodations for filing comments (accessible format documents, sign language interpreters, CARTS, etc.) by e-mail: FCC504@fcc.gov; phone: (202) 418-0530 (voice), (202) 418-0432 (TTY).
