This week, the FCC released a Small Entity Compliance Guide intended to help small entities meet the FCC’s network neutrality disclosure requirements.  The small entity compliance guide, together with the FCC’s Advisory Guidance released in June 2011, provide examples of disclosure practices that will satisfy the FCC’s network neutrality disclosure requirements.  

Under FCC regulations, broadband Internet service providers (“ISPs”) must prominently disclose information regarding their broadband service characteristics, network performance, network management techniques, and privacy protections on their websites.  Broadband ISPs should examine their network management practices and customer disclosures to ensure their disclosures are up to date, and prominently displayed on their websites.  In addition, broadband ISPs that have made changes to their acceptable use policies, subscriber agreements, terms of service or privacy policies should review their network neutrality disclosures for the need to make conforming changes.  Providers that do not already have network neutrality disclosures and related notices posted prominently on their websites should take steps to post such consumer disclosures as quickly as possible. 

If you have questions about network neutrality disclosures, please contact Barbara Esbin at (202) 872-6811 or besbin@cm-chi.com or Adriana Kissel at (312) 372-3930 or akissel@cm-chi.com.