Recent FCC Actions Highlight Need to Ensure Compliance with Existing Open Internet Disclosure Obligations
May 12, 2016 In light of a number of recent actions by the FCC, all broadband Internet access service (“BIAS”) providers should be aware of their obligation to comply with the FCC’s Open Internet Transparency Rule, which has been in effect since November 20, 2011, by posting their Open Internet Disclosures prominently on their websites. The Transparency Rule requires fixed and mobile BIAS providers to publicly disclose accurate information regarding network management practices, performance, and commercial terms, including privacy policies. The disclosures are aimed at ensuring that consumers, Internet “edge” (content, application, service and device) providers, and the FCC have the information they need to understand the services they receive and to monitor practices that could undermine the open Internet.
FCC Enters into Consent Decree with Cable Operator; Resolves Investigation into EAS, Signal Leakage and CUID Violations
May 2, 2016 On April 29, 2016, the FCC’s Enforcement Bureau entered into a Consent Decree with St. George Cable, Inc., resolving the Enforcement Bureau’s investigation into whether St. George (the “operator”) violated numerous FCC rules. Under the terms of the Consent Decree, the operator will implement a comprehensive compliance plan and pay a $2,500 civil penalty. However, if the FCC finds that the operator fails to comply with the FCC’s EAS rules, cable signal leakage rules or cable registration rules during the next three years, the operator will pay a further civil penalty of $234,000.
FCC Proposes to Expand Video Description Accessibility Requirements
April 18, 2016 On April 1, 2016, the FCC released a Notice of Proposed Rulemaking (“NPRM”) proposing to amend its video description rules by expanding the availability of and access to video described programming.
April 4, 2016 On April 1, 2016, the FCC released a Notice of Proposed Rulemaking (“NPRM”) proposing new privacy rules for broadband Internet service providers (“ISPs”). These proposed rules spring from the reclassification of broadband Internet access service as a Title II telecommunications service in the 2015 Open Internet Order and would govern how ISPs collect, use and protect their subscribers’ personal information as well as how they communicate with subscribers about their personal information.
FCC Amends TV Closed Captioning Rules; Moves to Shared Compliance Responsibility Model
March 21, 2016 On February 19, 2016, the FCC released a Second Report and Order on TV closed captioning imposing, for the first time, direct liability for some captioning responsibilities on video programmers. Previously, video programming distributors (“VPDs”), a category that includes multichannel video programming distributors (“MVPDs”), were held directly liable for all TV closed captioning responsibilities.
FCC Settles Investigation into Verizon Wireless Internet Tracking via Advertising Identifiers; Verizon Must Now Receive Consent Before Sharing Tracking Information
March 9, 2016 On March 7, 2016, the FCC’s Enforcement Bureau released an Order and Consent Decree resolving its investigation into Verizon Wireless’s practice of inserting Unique Identifier Headers (“UIDHs”) into its customers’ mobile broadband Internet traffic for use in targeted advertising programs without their knowledge or consent. Verizon will pay a $1.35 million fine, notify consumers about its targeted advertising programs and, going forward, obtain customers’ opt-in consent before sharing tracking information with third parties.