The Federal Communications Commission (FCC or Commission) has published guidance regarding acceptable methodologies for disclosure of network performance to satisfy the enhanced transparency requirements in the 2015 Open Internet Order. In the Order (Order), the FCC adopted a series of enhancements to the existing 2010 Transparency Rule governing the content and format of disclosures made by broadband Internet access service providers with respect to commercial terms, network performance characteristics and network management practices. Along with these enhancements, the FCC adopted a temporary exemption from the enhanced Transparency Rule for those providers “with 100,000 or fewer broadband subscribers as per their most recent Form 477, aggregated over all the providers’ affiliates.” In December 2015, this temporary exemption was extended for one year until December 15, 2016. The Commission is expected to decide whether to make the exemption permanent before that deadline.
