Detailed Broadband Service Disclosures Required
Tomorrow the Federal Register will publish the FCC’s network neutrality rules and announce an effective date of Nov. 20, 2011 (which is 60 days after OMB’s approval was published on Sept. 21). The rules generally prohibit broadband providers (i.e. cable operators, LECs, satellite and wireless) from blocking or unreasonably discriminating against lawful web content (see our summaries of these requirements here and here). In addition, by Nov. 20 all broadband providers must establish and post detailed disclosures on their websites regarding the network management practices, commercial terms of service, and performance characteristics of their broadband services as described in more detail in our Sept. 15, 2011 Advisory.
Legislative and judicial challenges to the rules are expected. Verizon and MetroPCS previously challenged the rules but those petitions were dismissed by the DC Circuit as premature last April.
We are assisting a number of broadband providers with their disclosure and related net neutrality obligations. Please feel free to contact us if you desire assistance.