Internet and Mobile Service Rule Updates
Summary
In this document, the Wireline Competition Bureau (Bureau) of the Federal Communication Commission (Commission) conforms certain rule parts in the Code of Federal Regulations to reflect the rules that are actually in effect as a result of the Ohio Telecom and Iowa Utilities Board II decisions.
Compliance Requirements
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Any person providing broadband internet access service shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission.; Broadband internet access service is a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part.; A network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.
Market Impacts
The restoration of Parts 8 and 20 of the Commission’s rules to reflect how they would read absent the changes adopted in the Second Title II Order, following the Sixth Circuit's decision in Ohio Telecom, restricts the classification of broadband Internet access service (BIAS) as a telecommunications service under Title II of the Communications Act of 1934 and removes conduct rules on BIAS providers.; Removal of requirements from Part 51 of the Commission’s rules that were vacated by the Eighth Circuit Court of Appeals in Iowa Utilities Board II, affecting local competition and interconnection services.
Validated Company Impacts
Frontier Communications Parent, Inc.
Frontier Communications is a major broadband internet access service provider with 3.1 million broadband customers, directly operating in the regulated market of broadband internet access services. The company's fiber-optic and copper broadband services clearly fall under the rule's definition of broadband internet access service, making them subject to the disclosure and network management requirements. The rule focuses on broadband internet disclosure and network management requirements, which does not align with the company's disclosed risk factors. The company's regulatory risks center on merger approvals and compliance, not broadband service transparency or network practices.
AT&T INC.
AT&T Inc. is a major provider of broadband internet access services, which is explicitly targeted by this FCC rule requiring disclosure of network management practices, performance characteristics, and commercial terms. The company's broadband services segment directly falls under the rule's jurisdiction as a mass-market retail service providing data transmission capabilities to internet endpoints. The rule primarily addresses network management disclosure requirements for broadband providers, which has minimal overlap with the company's disclosed risks. The company's 'spectrum availability uncertainty' risk relates to regulatory constraints on mobile broadband deployment, but this is not directly addressed by the rule's focus on transparency and network management practices for existing services.
Liberty Broadband Corp
Liberty Broadband Corp operates Charter, a leading broadband internet access provider serving 41 states, which directly falls under the rule's scope as a provider of broadband internet access service. The company's core business of providing internet connectivity through monthly service fees aligns with the rule's requirements for network management disclosures and performance transparency. The rule focuses on broadband internet access service disclosure and network management requirements, which do not directly address cybersecurity threats. While cybersecurity could be tangentially related to network management practices, the company's identified cybersecurity risk is about threats to business operations rather than regulatory compliance with disclosure rules.
COGENT COMMUNICATIONS HOLDINGS, INC.
Cogent Communications is a direct provider of broadband internet access services to businesses and communications service providers, operating networks in North America and Europe. The company's core business of providing high-speed internet access and private network services directly falls under the rule's jurisdiction for BIAS providers, requiring disclosure of network management practices and performance characteristics. The rule primarily affects broadband internet access service providers with network management disclosure requirements, but the company's risk factors focus on integration challenges, economic instability, competition, and general regulatory costs without specific mention of broadband service operations or network transparency obligations. There is minimal direct overlap with the rule's focus areas.
CHARTER COMMUNICATIONS, INC. /MO/
Charter Communications is a major broadband internet access service provider, directly operating in the core market targeted by this rule. The company's primary business of providing mass-market retail broadband services through cable and fiber networks falls squarely within the rule's jurisdiction and compliance requirements for network management disclosures. The federal rule focuses on broadband internet access service disclosure and network management requirements, which primarily address operational and regulatory compliance risks in telecommunications. The company's disclosed risk factors are overwhelmingly financial (debt restrictions, interest rates, foreign exchange) with only one generic regulatory compliance risk related to accounting standards, showing minimal overlap with the specific telecommunications regulatory requirements of this rule.
Liberty Global Ltd.
Liberty Global Ltd. operates as a major broadband internet access service provider through its Virgin Media O2 joint venture in the UK and various European cable operations, directly falling under the rule's scope for BIAS providers. The company's core business involves providing mass-market retail broadband services that transmit data to internet endpoints, making it subject to the disclosure and network management requirements. The rule focuses on broadband internet access service disclosure and network management requirements, which does not align with the company's primary risk factors of competition, technological changes, property/equipment investments, third-party programming dependence, or spectrum regulation. The company's regulatory compliance risks (7 identified) are generic and not specifically tied to broadband service transparency obligations.
TELEPHONE & DATA SYSTEMS INC /DE/
TDS Telecom segment provides broadband internet access services directly falling under the rule's scope, requiring disclosure of network management practices and performance characteristics. UScellular Wireless also operates in telecommunications markets potentially affected by interconnection and local competition provisions. The rule primarily addresses network management disclosure requirements for broadband internet providers, which does not directly align with TDS's disclosed risk factors focused on transaction consummation, regulatory approvals, and network deployment delays. There is minimal overlap with the company's regulatory compliance risks (7 identified) as the rule could potentially affect network operations, but this is not explicitly mentioned in their risk profile.
T-Mobile US, Inc.
T-Mobile provides wireless broadband internet access service through its mobile network, which directly falls under the rule's definition of broadband internet access service as a mass-market retail service by radio that transmits data to and from internet endpoints. The company's wireless communications services would be subject to the disclosure requirements regarding network management practices, performance characteristics, and commercial terms. The rule focuses on broadband internet access service disclosure and network management requirements, which does not directly align with the company's primary risk factors of cybersecurity threats, intense competition, and cyberattack financial impact. While there is minimal overlap with regulatory compliance risks (4 identified), the specific requirements of this telecommunications rule do not address the company's core technology cybersecurity or operational competition risks.
VERIZON COMMUNICATIONS INC
Verizon is a major provider of broadband internet access service through its Fios fiber optic network and wireless broadband services, directly falling under the rule's scope for providers of broadband internet access service. The company's core operations involve network management practices and commercial terms disclosure requirements that align precisely with the rule's compliance obligations. The rule focuses on broadband internet disclosure and network management requirements, which does not align with the company's primary risk factors of wireless equipment amortization, AI technology dependence, and prepaid market competition. The company has minimal regulatory compliance risks identified (only 2 out of 22 total risks), and none specifically mention broadband internet service requirements or network management practices.