Federal Communications Commission DA 19-1078 transparency disclosure for Commerce, either on a publicly available, easily accessible website or via proper transmittal to the Commission. 4. The Commission s Wireline Competition Bureau (WCB) sent Commerce one or more letters, reminding it of its disclosure obligations pursuant to the Transparency Rule,5 and also that Commission staff had been unable to locate Commerce s required disclosures. WCB directed Commerce to indicate whether it had made the required disclosures, and if so, to notify WCB accordingly, including by either providing a link to where the disclosures were posted to a publicly available website, or evidence that the disclosure statement was provided to the Commission via its Transparency Disclosures Portal.6 WCB also directed that if Commerce had not provided the required disclosure statement, it must explain why. WCB warned that failure to comply with the instructions in the letter(s) could result in referral of the matter to the Commission s Enforcement Bureau. As of the date hereof, Commission staff remain unable to locate transparency disclosures for Commerce on either a publicly available website or by proper transmittal to the Commission. III. DISCUSSION 5. We find that Commerce willfully violated the Transparency Rule by failing to post the required transparency disclosures.7 The Transparency Rule requires ISPs to publicly disclose accurate information regarding their network management practices, performance characteristics, and commercial terms of their broadband Internet access services via a publicly available, easily accessible website or through transmittal to the Commission for its Transparency Disclosures Portal.8 6. Even after WCB reminded Commerce that it appeared to be out of compliance with the Transparency Rule, there is no evidence that Commerce has taken any steps to rectify its violation by posting the required transparency disclosures, nor has Commerce demonstrated that it is not otherwise subject to the Transparency Rule or that it has otherwise been in compliance with the Transparency Rule. 7. By failing to comply with the Transparency Rule, Commerce has deprived consumers of critical information that must be available when selecting Internet service in the marketplace. As the Commission has previously stated, clear disclosures help consumers make well-informed choices about their purchase and use of broadband Internet access services.9 Moreover, transparent disclosures improve consumer confidence in ISPs practices while providing entrepreneurs and other small businesses with information they can utilize to innovate and improve their own offerings. 8. Commerce s failure to make the required transparency disclosures deprives the Commission of valuable information needed to perform its statutory obligation to observe the communications marketplace to monitor services and technologies, and to identify and eliminate potential marketplace barriers for the provision of information services.10 Such disclosures substantially reduce the possibility that ISPs will engage in harmful business practices, and transparency motivates providers to engage in quick corrective measures if problematic conduct is identified. The Commission s Transparency Rule facilitates the Commission s ability to adeptly discharge its marketplace (Continued from previous page& ) Form 477. See Fixed Broadband Deployment Data from FCC Form 477, https://www fcc.gov/general/broadband- deployment-data-fcc-form-477 (last visited Dec. 3, 2019). 5 Letter from Kris Monteith, Chief, Wireline Competition Bureau, FCC, to James Wascher, CEO, City of Commerce (Dec. 7, 2018). 6 See ISP Transparency Disclosures Portal, https://www fcc.gov/isp-disclosures (last visited Dec. 3, 2019). 7 47 CFR § 8.1(a). 8 Id.; see also RIF Order, 33 FCC Rcd at 439-42, paras. 218-27. 9 RIF Order, 33 FCC Rcd at 435, para. 209. 10 See 47 U.S.C. § 257. 2 Federal Communications Commission DA 19-1078 responsibilities, while simultaneously minimizing burdens on service providers.11 Thus, Commerce s failure to provide these important disclosures is harmful to the communications marketplace and constitutes a serious violation of the Commission s Transparency Rule. IV. CONCLUSION 9. We have determined that Commerce violated section 8.1(a) of the Commission s rules (Rules). We require that Commerce conform its conduct to comply with the requirements of section 8.1(a) of the Rules and caution Commerce that future such violations may subject it to substantial monetary forfeitures. V. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 403 of the Communications Act of 1934, as amended (the Act), and section 0.111(a)(18) of the Commission s rules,12 City of Commerce, GA IS ADMONISHED for its failure to publicly disclose accurate information regarding its network management practices, performance characteristics, and commercial terms of its broadband Internet access services, in willful and repeated violation of the Commission s transparency disclosure requirement in section 8.1(a) of the Rules.13 11. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 13, 257, and 403 of the Act,14 that City of Commerce, GA shall submit a transparency disclosure that meets all the requirements of the Transparency Rule no later than thirty (30) days from the release date of this Admonishment Order. 12. IT IS FURTHER ORDERED that a copy of this Admonishment Order shall be sent by first class and certified mail, return receipt requested, to James Wascher, City Manager, City of Commerce, GA, P.O. Box 348, Commerce, GA 30529. FEDERAL COMMUNICATIONS COMMISSION Rosemary C. Harold Chief Enforcement Bureau 11 See RIF Order, 33 FCC Rcd at 433-50, paras. 209-38. 12 47 U.S.C. §§ 154(i), 154(j), 403; 47 CFR § 0.111(a)(18). 13 47 CFR § 8.1(a). 14 47 U.S.C. §§ 154(i), 154(j), 163, 257, 403. 3