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)
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)
New
collection (Request for a new OMB Control Number)
OMB approves the
requested information collection for mobile broadband for two
years. However, at this time, packet loss will not be a required
performance metric for mobile disclosure. Given the current level
of public participation in the mobile MBA application, mobile MBA
is not designated a “safe harbor” for mobile disclosure at this
time and will not be used as such until FCC provides OMB analysis
that indicates that participation in the program reflects a
representative, statistically valid measure of mobile performance
data. Prior to renewal, FCC will: a. Continue to refine its current
mobile disclosure requirements, as may be necessary, in light of
results published in FCC’s mobile MBA report that is generated from
a statistically valid, representative sample of information
collected through the mobile MBA application and methodologies for
measuring performance to ensure that the disclosures best serve the
goals of: i. providing accurate information that is useful to
consumers, and ii. providing information that is useful for
decision-making purposes. b. When submitting the mobile broadband
ICR for renewal, report to OMB the results of the above
evaluations, along with a discussion of consumer information
gathered through the MBA program and other relevant evidence of the
usefulness to consumers and effectiveness of the disclosures. c.
Assess geographic region measurement units to weigh the utility and
comparability for consumers, including whether: i. CMAs are the
appropriate unit of measurement for disclosing “actual network
performance” in which a “consumer would likely experience”; ii.
Possible other alternative geographic region measurement options.
iii. Whether using voluntary consensus standards would be a viable
alternative. d. Assess reported peak usage data to determine: i.
whether there is a threshold percentage of consumer congestion
within the mobile broadband service industry that would lend itself
as a baseline for industry to use in establishing a peak time
frame; ii. the appropriate mobile disclosure usage parameters (i.e.
peak usage like on peak/off peak); iii. whether using voluntary
consensus standards would be a viable alternative. e. Assess, with
regard to packet loss: i. the practical utility of packet loss as
it relates to mobile performance disclosure; ii. “accurate” methods
of calculating mobile packet loss (i.e., drive testing, voluntary
app, etc.) iii. whether using voluntary consensus standards would
be a viable alternative. f. When submitting the mobile broadband
ICR for renewal, FCC will include an estimate of burden associated
with mobile disclosures specifically, taking into consideration any
differences in burden associated with the disclosure of fixed
versus mobile broadband data. Currently, FCC is reporting an
identical burden estimate for the calculation and disclosure of
broadband performance data by both fixed and mobile broadband
providers.
Inventory as of this Action
Requested
Previously Approved
12/31/2018
36 Months From Approved
3,188
0
0
99,466
0
0
640,000
0
0
On February 26, 2015 the Commission
adopted the Protecting and Promoting the Open Internet Report and
Order on Remand, Declaratory Ruling, and Order (“2015 Open Internet
Order”). The 2015 Open Internet Order builds on the Preserving the
Open Internet and Broadband Industry Practices Report and Order (“
2010 Open Internet Order”). The 2015 Order will help ensure that
Internet openness will continue, providing greater certainty to
consumers, innovators, investors, and broadband providers,
including the flexibility providers need to effectively manage
their networks. It concludes that high-level protections to ensure
the continued vitality of the Internet are needed in light of
instances of broadband providers interfering with the Internet’s
openness, and the incentives providers may face to exert gatekeeper
control over Internet content, applications, and services. The
transparency rule adopted in the 2010 Open Internet Order and
enhanced in the 2015 Open Internet Order requires all broadband
providers to publicly disclose network management practices,
performance characteristics, and commercial terms (collectively
referred to here as “network management practices”) of their
broadband services. The rule ensures transparency and continued
Internet openness, while making clear that broadband providers can
effectively manage their networks and respond to market
demands.
The Commission has recalculated
the burdens for this information collection based on: 1) the
enhancements set forth in the 2015 Open Internet Order, as
discussed previously; and 2) the changed source of data for the
number of respondents. Therefore, below are the program changes for
this information collection: The Commission has determined that
there has been an increase in the total annual number of
respondents of + 1,476 from 1,712 to 3,188 and an increase in the
total annual number of responses of +1,476 from 1,712 to 3,188. The
Commission has further determined there will be an increase in the
estimated time per response of +6.8 from 24.4 to 31.2 and an
increase in the total annual burden hours of +57,693 from 41,773 to
99,466. These increases are due to a change in the source of data
used by the Commission to determine the number of respondents and
marginal increases in the estimates of employee hours required to
comply with the clarifications, enhancements, and one deletion of
disclosure requirements under the Transparency Rule. Previously,
the Commission used the number of providers listed in the Internet
Access Services Report , which was based on the number of providers
filing a Form 477. The Commission is now using information from the
most recently available Economic Census. The Commission has
determined that there is an increase in the total annualized
capital cost of +$80,000 from $560,000 per year to $640,000 to
reflect the increase in cost of measurement devices.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
3060-XXXX OI PRA Supporting Statement edits 12-7 clean (Mobile Broadband Disclosures).docx
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)