Empowering Broadband Consumers Through Transparency, 52043-52046 [2023-16449]

Download as PDF Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations Final Paperwork Reduction Act of 1995 Analysis FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 8 [CG Docket No. 22–2; DA 23–617; FR ID 157982] Empowering Broadband Consumers Through Transparency Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) amends its rules to update the template for the recently adopted broadband consumer label. The revised label template reflects a new Affordable Connectivity Program (ACP) application landing page. This action does not modify or otherwise change any entity’s underlying responsibilities under the Broadband Label Order. It simply ensures that broadband internet access service providers know as early as possible what content must be displayed in the labels. DATES: Effective date: September 6, 2023. Compliance date: FCC will announce compliance dates for the amendments to 47 CFR 8.1(a)(1) by publication of a document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Erica H. McMahon, Erica.McMahon@ fcc.gov or (202) 418–0346, of the Consumer and Governmental Affairs Bureau, Consumer Policy Division. For information regarding the PRA information collection requirements contained in the PRA, contact Cathy Williams, Office of Managing Director, at (202) 418–2918, or Cathy.Williams@ fcc.gov. SUMMARY: This is a summary of the Commission’s Order, DA 23–617, CG Docket No. 22–2, adopted and released on July 18, 2023, which requires providers to include the new ACP landing page, Getinternet.gov, in their broadband labels. The full text of this document is available online at https://docs.fcc.gov/public/ attachments/DA-23-617A1.pdf. To request this document in accessible formats for people with disabilities (e.g., Braille, large print, electronic files, audio format) or to request reasonable accommodations (e.g., accessible format documents, sign language interpreters, CART), send an email to fcc504@fcc.gov or call the FCC’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice). ddrumheller on DSK120RN23PROD with RULES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:10 Aug 04, 2023 Jkt 259001 This document does not contain new or substantively modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). This document may contain nonsubstantive modifications to an information collection. Any such modifications will be submitted to OMB either: (1) as part of the submission of PRA information collection requirements adopted by the Commission in the Broadband Label Order for OMB review; or (2) separately pursuant to OMB’s non-substantive modification process. Congressional Review Act The Commission sent a copy of document DA 23–617 to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A). Synopsis In this Order, the Commission modifies its rules to reflect an updated broadband label containing the new ACP landing page of ‘‘Getinternet.gov.’’ We also make clear that, should a provider be required to display a Spanish version of the label, it must include the Spanish-language landing page for the ACP: Accedeainternet.gov. In the Broadband Label Order, the Commission stated that ‘‘[t]he label required under § 8.1(a)(1) must be provided in English and in any other languages in which the broadband internet access service provider markets its services in the United States.’’ See 47 CFR 8.1(a)(4). This change simply ensures the label contains accurate information; it does not involve any policy change. We find good cause to make this rule change without notice and comment under section 553(b)(B) of the Administrative Procedure Act (APA). See 5 U.S.C. 553(b)(3)(B). Section 553(b)(B) of the APA provides exceptions to the notice and comment rulemaking procedures when, among other things, the agency finds good cause that the notice and comment requirements are ‘‘impracticable, unnecessary, or contrary to the public interest’’ with respect to the rule at issue. See 5 U.S.C. 553(b)(B). PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 52043 We conclude that, in this case, the substitution of one Commissionsupplied URL for a different Commission-supplied URL in broadband providers’ labels is insignificant in its nature and impact on regulated entities and beneficial to the broader public by ensuring the use of a URL that serves the intended purpose of the label. The minimal practical significance of the change is particularly true here, given that compliance with the label is not yet required and providers will have ample implementation time (either six months or one year, depending on the size of the provider’s subscriber base) following Federal Register publication of OMB approval and modification of the codified rule. Similarly, it is in the best interest of providers that they know as early as possible what content must be displayed in the labels as they begin to create the labels. Accordingly, we find, for good cause, that it is ‘‘unnecessary,’’ within the meaning of section 553(b)(B), to provide notice and an opportunity for public comment before implementing this rule revision. Final Regulatory Flexibility Analysis Because this rule change was adopted without notice and comment, the Regulatory Flexibility Act does not apply. List of Subjects in 47 CFR Part 8 Cable television, Common carriers, Communications common carriers, Reporting and recordkeeping requirements, Satellites, Telecommunications, Telephone, Radio. Federal Communications Commission. Robert Garza, Legal Advisor, Consumer and Governmental Affairs Bureau. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 8 as follows: PART 8—INTERNET FREEDOM 1. The authority citation for part 8 continues to read as follows: ■ Authority: 47 U.S.C. 154, 201(b), 257, 303(r), and 1753. 2. Amend § 8.1(a) by revising paragraph (a)(1) to read as follows: ■ § 8.1 Transparency. (a) * * * (1) Any person providing broadband internet access service shall create and display an accurate broadband consumer label for each stand-alone broadband internet access service it E:\FR\FM\07AUR1.SGM 07AUR1 52044 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 currently offers for purchase. The label must be prominently displayed, publicly available, and easily accessible to consumers, including consumers with disabilities, at the point of sale VerDate Sep<11>2014 15:10 Aug 04, 2023 Jkt 259001 with the content and in the format prescribed by the Commission in ‘‘[Fixed or Mobile] Broadband Consumer Disclosure,’’ in figure 1 to this paragraph. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Figure 1 to Paragraph (a)(1)—[Fixed or Mobile] Broadband Consumer Disclosure Label BILLING CODE 6712–01–P E:\FR\FM\07AUR1.SGM 07AUR1 VerDate Sep<11>2014 15:10 Aug 04, 2023 Jkt 259001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4725 E:\FR\FM\07AUR1.SGM 07AUR1 52045 ER07AU23.715</GPH> ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations 52046 * * Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations * * * [FR Doc. 2023–16449 Filed 8–4–23; 8:45 am] BILLING CODE 6712–01–C DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 221206–0261] RIN 0648–BM50 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023–2024 Biennial Specifications and Management Measures; Inseason Adjustments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. AGENCY: This final rule announces routine inseason adjustments to management measures in commercial groundfish fisheries. This action is intended to allow fishing vessels to access more abundant groundfish stocks while protecting rebuilding stocks. DATES: This final rule is effective August 7, 2023. ADDRESSES: This rule is accessible via the internet at the Office of the Federal Register website at https:// www.federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council’s website at https://www.pcouncil.org/. FOR FURTHER INFORMATION CONTACT: Dr. Sean Matson, phone: 206–526–6187 or email: sean.matson@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: ddrumheller on DSK120RN23PROD with RULES1 Background The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subparts C through G, regulate fishing for over 90 species of groundfish seaward of Washington, Oregon, and California. The Pacific Fishery Management Council (Council) develops groundfish harvest specifications and management VerDate Sep<11>2014 15:10 Aug 04, 2023 Jkt 259001 measures for 2-year periods (biennia). NMFS published the final rule to implement harvest specifications and management measures for the 2023– 2024 biennium for most species managed under the PCGFMP on December 16, 2022 (87 FR 77007). The management measures set at the start of the biennial harvest specifications cycle help the various sectors of the fishery attain, but not exceed, the catch limits for each stock. The Council, in coordination with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommends adjustments to the management measures during the fishing year to achieve this goal. At its June 2023 meeting, the Council recommended modifying fixed gear trip limits for limited entry (LE) and open access (OA) fisheries, for bocaccio rockfish (hereafter bocaccio), south of 40°10′ N latitude (lat.), and minimum length limits for LE and OA lingcod south of 42° N lat., after updated information regarding projected catch and attainment became available, as well as requests from industry. Pacific Coast groundfish fisheries are managed using harvest specifications or limits (e.g., overfishing limits [OFL], acceptable biological catch [ABC], annual catch limits [ACL] and harvest guidelines [HG]) recommended biennially by the Council and based on the best scientific information available at that time (50 CFR 660.60(b)). During development of the harvest specifications, the Council also recommends management measures (e.g., trip limits, area closures, and bag limits) that are meant to control catch so as not to exceed the harvest specifications. The harvest specifications and management measures developed for the 2023–2024 biennium used data through the 2021 fishing year. Each of the adjustments to management measures discussed below are based on updated fisheries information that was unavailable when the analysis for the current harvest specifications was completed. As new fisheries data becomes available, adjustments to management measures are projected so as to help harvesters achieve but not exceed the harvest limits. Bocaccio South of 40°10′ N Latitude Bocaccio on the West Coast is managed as a separate stock south of 40°10′ N lat., while bocaccio north of PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 40°10′ N lat. is managed as part of the minor shelf rockfish north of 40°10′ N lat. Bocaccio south of 40°10′ N lat., the subject of this action, is caught both commercially and recreationally, with commercial vessels harvesting it with both trawl and fixed gear (longlines and pots/traps) in the bottom trawl, nearshore, limited entry, and open access fixed gear fisheries. It is caught in shelf and nearshore areas, often together with chilipepper rockfish. The 2023 ACL and harvest guideline for bocaccio south of 40°10′ N lat. are 1,842 metric tons (mt), and 1,793.9 mt, respectively. At the June 2023 Council meeting, the California Department of Fish and Wildlife (CDFW) received a request from industry to adjust bocaccio bimonthly landing accumulation (‘‘trip’’) limits for the open access (OA) fisheries south of 40°10′ N. lat.; to increase the trip limit from 4,000 pounds (1,814 kg) per period (2 month) to 6,000 pounds (2,721 kg) per period. CDFW analyzed the request, as well as increasing the LE trip limits for bocaccio, and recommended the increases to Council. The Council reviewed the analytical documents drafted by the CDFW, as well as the Groundfish Management Team (GMT), and the Groundfish Advisory Subpanel (GAP), to inform their discussion and decision making under the inseason adjustment agenda item. The intent of increasing trip limits is to increase harvest opportunities, by reducing discard, for vessels catching bocaccio, while targeting chilipepper rockfish. The new OA trip limits would match existing chilipepper trip limits, which are reported to currently be caught in equal amounts to bocaccio. To evaluate potential increases to bocaccio trip limits for both the OA and LE fisheries, the CDFW made model-based catch projections under current regulations and alternative bocaccio trip limits, including the limits ultimately recommended by the Council, beginning on July 1 through the remainder of 2023. Table 1 shows the projected bocaccio landings by fishery, relevant bocaccio allocations, and the projected attainment as a percentage of the landing target, under both the current trip limits and the Council’s recommended adjusted trip limits. These projections were based on the most recent catch information available through June 16, 2023. E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52043-52046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16449]



[[Page 52043]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 8

[CG Docket No. 22-2; DA 23-617; FR ID 157982]


Empowering Broadband Consumers Through Transparency

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules to update the template for the recently 
adopted broadband consumer label. The revised label template reflects a 
new Affordable Connectivity Program (ACP) application landing page. 
This action does not modify or otherwise change any entity's underlying 
responsibilities under the Broadband Label Order. It simply ensures 
that broadband internet access service providers know as early as 
possible what content must be displayed in the labels.

DATES: 
    Effective date: September 6, 2023.
    Compliance date: FCC will announce compliance dates for the 
amendments to 47 CFR 8.1(a)(1) by publication of a document in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Erica H. McMahon, 
[email protected] or (202) 418-0346, of the Consumer and 
Governmental Affairs Bureau, Consumer Policy Division. For information 
regarding the PRA information collection requirements contained in the 
PRA, contact Cathy Williams, Office of Managing Director, at (202) 418-
2918, or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 23-617, CG Docket No. 22-2, adopted and released on July 18, 2023, 
which requires providers to include the new ACP landing page, 
Getinternet.gov, in their broadband labels. The full text of this 
document is available online at https://docs.fcc.gov/public/attachments/DA-23-617A1.pdf. To request this document in accessible 
formats for people with disabilities (e.g., Braille, large print, 
electronic files, audio format) or to request reasonable accommodations 
(e.g., accessible format documents, sign language interpreters, CART), 
send an email to [email protected] or call the FCC's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice).

Final Paperwork Reduction Act of 1995 Analysis

    This document does not contain new or substantively modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does 
not contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).
    This document may contain non-substantive modifications to an 
information collection. Any such modifications will be submitted to OMB 
either: (1) as part of the submission of PRA information collection 
requirements adopted by the Commission in the Broadband Label Order for 
OMB review; or (2) separately pursuant to OMB's non-substantive 
modification process.

Congressional Review Act

    The Commission sent a copy of document DA 23-617 to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A).

Synopsis

    In this Order, the Commission modifies its rules to reflect an 
updated broadband label containing the new ACP landing page of 
``Getinternet.gov.'' We also make clear that, should a provider be 
required to display a Spanish version of the label, it must include the 
Spanish-language landing page for the ACP: Accedeainternet.gov. In the 
Broadband Label Order, the Commission stated that ``[t]he label 
required under Sec.  8.1(a)(1) must be provided in English and in any 
other languages in which the broadband internet access service provider 
markets its services in the United States.'' See 47 CFR 8.1(a)(4). This 
change simply ensures the label contains accurate information; it does 
not involve any policy change.
    We find good cause to make this rule change without notice and 
comment under section 553(b)(B) of the Administrative Procedure Act 
(APA). See 5 U.S.C. 553(b)(3)(B). Section 553(b)(B) of the APA provides 
exceptions to the notice and comment rulemaking procedures when, among 
other things, the agency finds good cause that the notice and comment 
requirements are ``impracticable, unnecessary, or contrary to the 
public interest'' with respect to the rule at issue. See 5 U.S.C. 
553(b)(B).
    We conclude that, in this case, the substitution of one Commission-
supplied URL for a different Commission-supplied URL in broadband 
providers' labels is insignificant in its nature and impact on 
regulated entities and beneficial to the broader public by ensuring the 
use of a URL that serves the intended purpose of the label. The minimal 
practical significance of the change is particularly true here, given 
that compliance with the label is not yet required and providers will 
have ample implementation time (either six months or one year, 
depending on the size of the provider's subscriber base) following 
Federal Register publication of OMB approval and modification of the 
codified rule. Similarly, it is in the best interest of providers that 
they know as early as possible what content must be displayed in the 
labels as they begin to create the labels. Accordingly, we find, for 
good cause, that it is ``unnecessary,'' within the meaning of section 
553(b)(B), to provide notice and an opportunity for public comment 
before implementing this rule revision.

Final Regulatory Flexibility Analysis

    Because this rule change was adopted without notice and comment, 
the Regulatory Flexibility Act does not apply.

List of Subjects in 47 CFR Part 8

    Cable television, Common carriers, Communications common carriers, 
Reporting and recordkeeping requirements, Satellites, 
Telecommunications, Telephone, Radio.

Federal Communications Commission.
Robert Garza,
Legal Advisor, Consumer and Governmental Affairs Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 8 as follows:

PART 8--INTERNET FREEDOM

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  47 U.S.C. 154, 201(b), 257, 303(r), and 1753.


0
2. Amend Sec.  8.1(a) by revising paragraph (a)(1) to read as follows:


Sec.  8.1  Transparency.

    (a) * * *
    (1) Any person providing broadband internet access service shall 
create and display an accurate broadband consumer label for each stand-
alone broadband internet access service it

[[Page 52044]]

currently offers for purchase. The label must be prominently displayed, 
publicly available, and easily accessible to consumers, including 
consumers with disabilities, at the point of sale with the content and 
in the format prescribed by the Commission in ``[Fixed or Mobile] 
Broadband Consumer Disclosure,'' in figure 1 to this paragraph.

Figure 1 to Paragraph (a)(1)--[Fixed or Mobile] Broadband Consumer 
Disclosure Label

BILLING CODE 6712-01-P

[[Page 52045]]

[GRAPHIC] [TIFF OMITTED] TR07AU23.715


[[Page 52046]]


* * * * *
[FR Doc. 2023-16449 Filed 8-4-23; 8:45 am]
BILLING CODE 6712-01-C


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