:: "The Commission has been unequivocal in declaring that it has no intent to regulate edge providers."

In Re Consumer Watchdog Petition for Rulemaking toRequire Edge Providers to Honor ‘Do Not Track’Requests Released: November 6, 2015

1. In this Order, we dismiss Consumer Watchdog’s request that the Commission “initiate arulemaking proceeding requiring ‘edge providers’ (like Google, Facebook, YouTube, Pandora, Netflix, and LinkedIn) to honor ‘Do Not Track’ Requests from consumers.” 1 The Commission has been unequivocal in declaring that it has no intent to regulate edge providers.

2 We therefore find that, pursuant to section 1.401(e) of our rules, the Consumer Watchdog Petition “plainly do[es] not warrant consideration by the Commission.”3 2. Section 222 of the Communications Act governs telecommunications carriers’ protection and use of information obtained from their customers or other carriers, and calibrates the protection of such information based on its sensitivity. The Commission has adopted rules implementing section 222’s privacy protections with respect to providers of voice services, has amended those rules over time to respond to emerging threats to consumer privacy, and has vigorously enforced those rules.4

3. Earlier this year, when the Commission reclassified broadband Internet access service (BIAS) as a telecommunications service under Title II of the Communications Act, it declined to forbear from applying section 222 to BIAS providers. 5 The Commission found that broadband providers “serve as a necessary conduit for information passing between an Internet user and Internet sites or other Internet users, and are in a position to obtain vast amounts of personal and proprietary information about their customers.”6 Recognizing, however, that the existing rules were written for voice services, the Commission held it was “not persuaded that the Commission’s current rules implementing section 222 necessarily would be well suited to broadband Internet access service.”7 It therefore forbore from applying the section 222 rules to BIAS services, “pending adoption of rules to govern broadband Internet access service in a separate rulemaking proceeding.”8 At the same time, the Commission specified that in reclassifying BIAS, it was not “regulating the Internet, per se, or any Internet applications or content.”9 Rather, as the Commission explained, its “reclassification of broadband Internet access service involves only the transmission component of Internet access service.”10

 4. Consumer Watchdog’s request that “the Commission should, in addition to the CPNI rules it intends to adopt, promulgate rules protecting the authorized use of consumers’ personal information by requiring edge providers to honor ‘Do Not Track’ Requests” is inconsistent with the Commission’s articulation of the effect of its reclassification of BIAS and the scope of the privacy practices it stated that it intends to address pursuant to that reclassification. 11 We therefore find that the Consumer Watchdog Petition plainly does not warrant consideration by the Commission pursuant to section 1.401(e) of the Commission’s rules.

5. Accordingly, IT IS ORDERED that, pursuant to sections 0.91, 0.291, and 1.401(e) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.401(e), Consumer Watchdog’s Petition for Rulemaking to Require Edge Providers to Honor ‘Do Not Track’ Requests IS DISMISSED.

FCC Requests Nominations for Membership on Open Internet Advisory Committee

Public Notice: Released:  06/30/2011.  FCC REQUESTS NOMINATIONS FOR MEMBERSHIP ON OPEN INTERNET ADVISORY COMMITTEE. (DA No.  11-1149). (Dkt No 09-191 07-52 ). CGB . Contact:  Ellen Satterwhite at (202) 418-3626, email: Ellen.Satterwhite@fcc.gov

In this Public Notice, the Federal Communications Commission (Commission) seeks nominations for membership on its Open Internet Advisory Committee (OIAC), which is discussed in the Commission’s Order on Preserving the Open Internet (Order).1 Interested parties should submit nominations in accordance with the procedures outlined below.

The OIAC will be a Federal Advisory Committee that will assist the Commission “in tracking developments with respect to the freedom and openness of the Internet, in particular with respect to technical standards and issues relating to mobile broadband and specialized services.” The OIAC is to be comprised of “consumer advocates; Internet engineering experts; content, application, and service providers; network equipment and end-user device  manufacturers and suppliers; investors; broadband service providers;”3 and others, as described below.

OIAC MISSION

The OIAC will aid in tracking and evaluating the effects of the Commission’s Open Internet rules.4 Specifically, it is anticipated that “[t]he Committee will observe market developments regarding the freedom and openness of the Internet and will focus in particular on issues addressed in the FCC’s Open Internet rules, such as transparency, reasonable network management practices, differences in treatment of fixed and mobile broadband services, specialized services, technical standards, and the state of competition.”

MEMBERSHIP

The Commission seeks nominations for membership on the OIAC from the following types of groups and individuals:
· Consumers, consumer advocates, and/or organizations representing consumer interests;
· Internet engineering experts;
· Providers and developers of online content, applications, or services;
· Network equipment providers, developers, manufacturers, and suppliers;
· End-user device developers, manufacturers, and suppliers;
· Investors in Internet-related technologies, services, and products, including investors in broadband providers and/or online content, application, and services providers;
· Broadband Internet access service providers; and
· Other individuals with appropriate expertise.

In addition, all applicants are advised that the Commission adheres to the President’s policy, as announced in his memorandum of June 18, 2010, “Lobbyists on Agency Boards and Commissions,” prohibiting federally registered lobbyists from serving on federal agencies’ advisory boards and committees. Registered lobbyists are thus ineligible to serve as members or representatives of members of the OIAC. Subject to this limitation, the Chairman of the Commission will appoint the members of the OIAC to serve on the Committee for a minimum period of two years. The Chairman also will appoint a member of the Commission’s staff to serve as the Designated Federal Officer for the OIAC, who will moderate and direct its work, including approving the creation of subcommittees, as appropriate.

NOMINATIONS AND DEADLINE

Nominations for OIAC membership should not exceed two pages, and should include the nominee’s name, title, and organization, if appropriate, as well as the nominee’s postal address, e-mail address, and telephone number. The person or entity submitting the nomination should also include a statement of the nominee’s specific expertise relevant to the OIAC, the specific issues among those listed above that are of interest to the entity submitting the nomination or to the nominee individually, and a description of the nominee’s qualifications to serve on the OIAC. Individuals may self-nominate; be nominated by an advocacy organization, employer, trade association, or other entity to serve on such entity’s behalf; or be nominated by a third party. Nominations should indicate whether the nominee would be appointed for his or her own expertise and individual views, or whether the nominee would be serving in a representative capacity on behalf of an entity. If self-nominating, the nominee should include a statement indicating a willingness to serve on the Committee for a two-year term of service, and a commitment to attend approximately two (2) one-day meetings per year in Washington, D.C. A sample nomination form is attached and may be used, but is not required. Nominations submitted by a third party should include as much of the above information as possible.

The Commission must receive nominations by 11:59 PM, EST, September 1, 2011. The nominations may be sent via e-mail to OIAC@fcc.gov or via U.S. mail to the Federal Communications Commission, Consumer and Governmental Affairs Bureau, Attn: Ellen Satterwhite, 445 12th Street, S.W., Washington, D.C. 20554. We strongly encourage submission by e-mail, in part because, due to the extensive security screening of incoming mail since September 11, 2001, delivery of mail sent to the Commission may be delayed. FCC staff will send an email acknowledging receipt of any nomination received by e-mail.

Please note that this Notice is not intended to be the exclusive method by which the Commission will solicit nominations and expressions of interest to identify qualified candidates. However, all  candidates for membership on the OIAC will be subject to the same evaluation criteria.

APPOINTMENTS

The Commission will publish a notice in the Federal Register announcing the appointment of OIAC members and the first meeting of the Committee. FOR FURTHER INFORMATION CONTACT: Ellen Satterwhite, Consumer and Governmental Affairs Bureau, FCC, ellen.satterwhite@fcc.gov, 202-418-3626.