Definitions.

Broadband internet access service is defined by § 8.1(b) of this subchapter. Broadband provider is defined by § 54.1600(b) of this chapter. Consumer includes current and potential subscribers, individual persons, groups of persons, individual organizations, and groups of organizations having the capacity to subscribe to and receive broadband internet access service. Covered entity includes broadband internet access service providers and entities that provide services that facilitate and affect consumer access to broadband internet access service, including but not limited to: (1) Broadband internet access service providers; (2) Contractors retained by, or entities working through partnership agreements or other business arrangements with, broadband internet access service providers; (3) Entities facilitating or involved in the provision of broadband internet access service; (4) Entities maintaining and upgrading network infrastructure; and, (5) Entities that otherwise affect consumer access to broadband internet access service. Covered elements of service is defined as any components of service quality or terms and conditions on which broadband internet access service is provided. The definition includes, but is not limited to: (1) Deployment of broadband infrastructure, network upgrades, and network maintenance; (2) Service quality components and the terms and conditions on which broadband internet access service is provided, including but not limited to speeds, capacities, latency, data caps, throttling, pricing, promotional rates, imposition of late fees, opportunity for equipment rental, installation time, contract renewal terms, service termination terms, and use of customer credit and account history; (3) Marketing, advertisement, and outreach; and (4) Technical service, onsite service, and other provision of customer service. Covered services is defined as broadband internet access service by § 8.1(b) of this subchapter. Digital discrimination of access means policies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or are intended to have such differential impact. Economically feasible means reasonably achievable as evidenced by prior success by covered entities under similar circumstances or demonstrated new economic conditions clearly indicating that the policy or practice in question may reasonably be adopted, implemented, and utilized. Equal access means the opportunity to subscribe to an offered service that provides comparable speeds, capacity, latency, and other quality of service metrics in a given area, for comparable terms and conditions. Subscriber is defined as a subscriber to broadband internet access service as defined as in § 8.1(b) of this subchapter. Technically feasible means reasonably achievable as evidenced by prior success by covered entities under similar circumstances or demonstrated technological advances clearly indicating that the policy or practice in question may reasonably be adopted, implemented, and utilized.