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FCC Extends Net Neutrality Exemption for Small ISPs

Small ISPs won't have to make public disclosures on rates, fees, or data caps for the next five years.

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UPDATE 2/24: The FCC this week officially voted to exempt ISPs with 250,000 or fewer subscribers from the transparency requirements in the agency's net neutrality rules. The move, the FCC says, will free these ISPs "to devote more resources to operating, improving and building out their networks."

The vote was 2 to 1 on party lines with Democratic Commissioner Mignon Clyburn dissenting. In a statement, Clyburn said the move was another step in new FCC Chairman Ajit Pai's "ongoing quest to dismantle basic consumer protections for broadband services.

"In the interest of finding common ground I made multiple attempts at compromise, as late as yesterday afternoon," Clyburn said. "But I could not compromise on having consumers clearly know the price they pay for service, what below-the-line fees are charged, and what data allowances apply to their broadband service."

The order, Clyburn argues, lets "the biggest broadband providers in the country...exempt their subsidiaries, that have under 250,000 connections."

Chairman Pai countered that "I firmly believe that these ISPs should spend their limited capital building out better broadband to rural America—not hiring lawyers and accountants to fill out unnecessary paperwork demanded by Washington, DC."

Original Story 1/31:
The Federal Communications Commission may not require some Internet service providers to comply with parts of the commission's net neutrality order, which are onerous for smaller cable operators and municipal broadband providers, according to FCC Chairman Ajit Pai.

The rules, implemented in 2015, require ISPs to make public disclosures about the rates, fees, and data caps that apply to their customers. The disclosure requirement temporarily exempted ISPs with fewer than 100,000 subscribers, an exemption Pai wants to extend for the next five years and broaden to include ISPs with up to 250,000 subscribers, Ars Technica reports.

Pai's proposal, which is subject to a vote from the full commission, is a small step towards what many net neutrality advocates fear is a complete abandonment of the net neutrality order. The chairman said the extension of the exemption, which expired in mid-December, would reassure small ISPs who face competitive markets.

"That lapse left thousands of our nation's smallest and most competitive Internet service providers—mom-and-pop wireless Internet service providers (WISPs), small cable operators, municipal broadband providers, electric cooperatives, rural telephone companies, and others—worried that they would be subject to unnecessary, onerous, and ill-defined reporting obligations," Pai said in a statement last week.

Pai is a critic of net neutrality, but he said this week that the FCC has made no immediate determination on whether or not to repeal it. The commission will, however, abandon its plan to require cable companies to unlock their set-top boxes, with Recode reporting that the proposal has been removed from the FCC's agenda as of last week.

Unlocking set-top boxes would allow third parties to install video-streaming apps on them, effectively letting customers use their cable company's equipment to access more content. Cable companies lobbied against the proposal, which they labeled as outdated in an era when more content is moving online and away from traditional set-top boxes.

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Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

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