NTCA asked the FCC to grant a waiver of the affordable connectivity program's "uniform, rolling 30-day" non-usage period for small providers that offer a fully subsidized plan to tribal households, said a petition posted Friday in docket 21-450. The group also sought a waiver for ACP subscribers that qualified through Lifeline. The rule "requires an automated functionality that many of these entities do not have," NTCA said, asking the FCC to allow small providers serving tribal consumers to abide by emergency broadband benefit program rules on non-usage. AT&T is also seeking a targeted waiver for consumers receiving asymmetric digital subscriber line services (see 2205090056).
Affordable Connectivity Program (ACP)
What is the Affordable Connectivity Program (ACP)?
The Affordable Connectivity Program was a recently expired subsidy for low-income households to lower the cost of purchasing broadband internet and connected devices. The program was signed into law as part of the 2021 Infrastructure Investment and Jobs Act and administered by the FCC up until June 1, 2024, due to expiration of the ACP’s funding.
Will the ACP Return?
Congress continues to debate restoring ACP funding, with immediate next steps likely to come from the Senate Commerce Committee or Congressional discussions on revising the Universal Service Fund.
More than 30 consumer advocacy organizations asked NTIA and the Biden administration to prioritize "consumers’ needs over the desires of industry" in its broadband programs funded through the Infrastructure Investment and Jobs Act, in a letter Thursday. "Universal equitable connectivity could be imperiled if the NTIA fails to use its congressional authority," the letter said, and NTIA should "set minimum standards, prescribe best practices, exercise oversight over the states’ proposals, and determine who can access a low-cost broadband plan." Public Knowledge, the Benton Institute for Broadband & Society, Consumer Reports, Electronic Frontier Foundation, MediaJustice and the Marconi Society were among the signers. NTIA should "require states to prioritize scalable, symmetrical projects," and "impart its expertise" as states plan for the various programs, the groups said. The agency should also ensure providers receiving broadband, equity, access, and deployment program support offer a low-cost plan separate from the FCC's affordable connectivity program because it could "leave customers in the lurch after just a few years when the ACP [affordable connectivity program] runs out of funding."
NTCA asked the FCC to consider reverting the affordable connectivity program's usage rules for asymmetric digital subscriber line (ADSL) services to those in the emergency broadband benefit program "with a technical infeasiblity exemption where such measurement is not possible," in comments posted Friday in docket 21-450 (see 2204150057). The FCC sought comment on AT&T's petition to waive the requirement for its grandfathered plans that use ADSL technology. The group said some of its members faced problems with capturing usage of its ACP-enrolled customers using ADSL technology. NTCA opposed FCC action that "would result in its members forgoing reimbursement for a discount extended to a subscriber." AT&T's willingness to do so "highlights that strict compliance with the rule ... is neither feasible nor reasonable," NTCA said. AT&T also met with Wireline Bureau staff on its petition, per an ex parte posted Monday, saying its request is "limited to a small and targeted subset of potentially eligible wireline customers on grandfathered plans utilizing ADSL technology that is no longer supported by equipment manufacturers."
The Biden administration’s Monday announcement (see 2205060046) that 20 ISPs committed to offer low-income households broadband plans with download speeds of at least 100 Mbps at no more than $30 per month got a mixed reception among communications policy stakeholders. All of the participating ISPs -- which include Altice, AT&T, Charter, Comcast, Cox, Frontier, Mediacom and Verizon -- were already part of the FCC’s affordable connectivity program that subsidizes qualifying households’ broadband up to $30 per month. The White House said the participating ISPs cover more than 80% of the U.S. population.
NTCA asked FCC Wireline Bureau staff to reconsider the affordable connectivity program's non-usage rules or grant additional time for companies serving tribal consumers, said an ex parte posted Wednesday in docket 21-450 (see 2204150057). Some of the group's smaller members "will have substantial difficulty with" the rules, Vice President-Federal Regulatory Brian Ford told staff, noting at least one member company serving customers on tribal lands with fully subsidized plans would need to use an automated process for tracking usage because doing so manually "would be nearly impossible." Tribal areas "pose unique challenges," Ford said, and it's "important to reconcile reasonably the prospect of a new program intended to increase broadband adoption in these areas and a non-usage provision that applied too strictly could undermine the success of these efforts."
Industry and consumer advocacy organizations urged the FCC to leverage local governments and nonprofit organizations in its outreach efforts to boost enrollment in the affordable connectivity program (see 2203170048). The FCC received reply comments Friday in docket 21-450 on how the agency should design its outreach grant program and pilot program to boost enrollment for households receiving federal public housing assistance.
Wireless carriers balked at a California Public Utilities Commission staff plan to restrict subscribers from combining state low-income support with federal affordable connectivity program (ACP) benefits for mobile plans. The CPUC received comments Thursday in docket R.20-02-008 on interaction among California LifeLine, federal Lifeline and ACP. The plan “is inconsistent with and preempted by applicable federal law, violates California law governing the state’s LifeLine program, and ignores relevant facts regarding subscribers’ wireless data needs,” said the National Lifeline Association.
The FCC Wireline Bureau granted limited waivers of the affordable connectivity program's non-usage rules and a requirement that participating providers apply the monthly benefit to all plans, said an order Friday in docket 21-450. The bureau denied several requests to extend the “all plans requirement” to all participating providers. Providers were required to comply with these rules by Friday (see 2202110055).
Digital equity advocates and lawmakers want bigger efforts to bridge the digital divide, they said Tuesday. Some at the Hispanic Technology & Telecommunications Partnership’s virtual digital inclusion summit said digital discrimination is a top priority. Others encouraged local leaders to promote the FCC’s affordable connectivity program.
NCTA backed the Competitive Carriers Association’s request to extend the April 15 deadline for affordable connectivity program providers to apply the benefit to all available plans, in comments posted Monday in docket 21-450 (see 2204010040). Billing and ordering systems for prepaid products "present unique operational challenges," it said, noting participating providers "must ensure that the system modifications necessary to apply the ACP benefit must be coordinated among multiple systems." The group said its members have found “even routine system changes can take months to implement and there are operational complexities associated with applying the benefit to some currently available service offerings.”