§ 8.1   Transparency.

   (a) 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.

   (b) 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.

   (c) 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.

   [ 83 FR 7922 , Feb. 22, 2018]

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