An NTIA request for comment on implementing programs funded by the Infrastructure Investment and Jobs Act could come “before Christmas holiday or shortly thereafter,” said Director-Communications Policy Initiatives Russell Hanser at a Fierce Technology virtual event Monday (see 2112140086). Experts debated during panels throughout the week how states and federal agencies should prioritize the new broadband funding, with several suggesting public-private partnerships.
Top Republicans on the House and Senate Commerce committees pressed the FCC Monday for information on the agency’s response to the Office of Inspector General’s November report that some emergency broadband benefit providers were falsely claiming a child in a household attended a qualifying low-income school (see 2111220058). Commissioner Brendan Carr said he was “kept in the dark” about the OIG’s findings until the report’s public release (see 2111230067). OIG’s recent findings and past federal watchdog reports about “fraud and abuse” in other FCC programs “raise serious questions about” the commission’s “ability to oversee and manage its programs,” Senate Commerce ranking member Roger Wicker of Mississippi, House Commerce ranking member Cathy McMorris Rodgers of Washington and the GOP ranking members of the Communications subcommittees wrote FCC Chairwoman Jessica Rosenworcel. They noted a 2020 GAO report that said the FCC’s oversight of its E-rate program was “insufficient … to identify potential fraud risks” (see 2009160081). “The upcoming transition of the EBB” to the $14.2 billion affordable connectivity program enacted via the Infrastructure Investment and Jobs Act “provides further reason for concern,” the GOP lawmakers said. “Unlike other FCC subsidy programs, the ACP will be funded through appropriations, rather than Universal Service Fund contributions. We are concerned that the FCC may proceed with rules for a permanent ACP that do not adequately protect American taxpayers or best serve eligible households.” The lawmakers want Rosenworcel to explain by Jan. 7 when her office became “aware of fraud” in EBB, if the FCC has identified the providers that committed fraud and what actions the agency will take to “confirm the eligibility of current EBB recipients.” They also want to know whether Rosenworcel will seek comment on draft rules for ACP “from other commissioners and the public” and if the FCC will take steps to ensure “future enrollees” are eligible for the revised program. The FCC didn’t comment.
Ensuring there's no disruption of subscribers' broadband as they transition from the emergency broadband benefit program to the affordable connectivity program is critical, NCTA President Michael Powell told FCC Commissioner Geoffrey Starks, per a docket 21-450 posting Friday. Rather than making EBB-enrolled households opt into ACP, the FCC should default to EBB customers remaining in ACP unless they are no longer eligible or choose to opt out, Powell said. Many ACP implementation issues won't be solved before its Dec. 31 start, especially as the commission likely won't adopt final rules by then, he warned.
FCC nominee Gigi Sohn said her connection to Locast won’t affect her views on broadcast issues, in her written responses to the Senate Commerce Committee. She promised to operate in an independent and fair manner on all issues if confirmed.
Providers, local governments and advocates welcomed FCC-proposed rules for the $14.2 billion affordable connectivity program, in comments posted Thursday in docket 21-450. Some raised concerns about potential implementation challenges as the agency shifts from the $3.1 billion emergency broadband benefit program and urged the commission to allow flexibility for EBB providers and enrolled households during the transition.
The FCC Wireline Bureau waived more emergency broadband benefit program rules as the commission transitions to the affordable connectivity program, in an order Wednesday in docket 21-450 (see 2111260015). The bureau waived the requirement that ISP offerings and standard rates be offered "in the same manner and terms" as offerings available Dec. 1, 2020, until final ACP rules are enacted, and the requirement that providers submit to Universal Service Administrative Co. that they were a broadband provider then, in each state where it planned to participate. The bureau released additional guidelines for the EBB-to-ACP move, including that the national Lifeline accountability database will close at 6 p.m. EST Dec. 30 "for administrative purposes" ahead of ACP's Dec. 31 launch.
Give providers participating in the affordable connectivity program "substantial flexibility" until at least April 1 for any requirements the FCC adopts in its final order on the program, Verizon told staff to Commissioner Geoffrey Starks, said a letter posted Tuesday in docket 21-450 (see 2111230058). It recommended the commission not adopt an opt-in requirement for households enrolled in the emergency broadband benefit program. The Infrastructure Investment and Jobs Act prohibits participating providers from "[requiring] the eligible household to submit to a credit check in order to apply the affordable connectivity benefit to an internet service offering,” to which Verizon noted "does not prohibit providers from simply performing a credit check or from using the results of a credit check for other purposes."
Require that affordable connectivity program providers apply the benefit only to "all plans that are presently offered to potential customers, not grandfathered plans," USTelecom CEO Jonathan Spalter told FCC Commissioner Geoffrey Starks and his staff, said a filing posted Monday in docket 21-450 (see 2111180067). Spalter said it's not "necessary" for providers to submit details of every plan that will be available and to allow "as much time as necessary" to transition from the emergency broadband benefit program.
Allow tribal households that qualified as Lifeline subscribers for the FCC emergency broadband benefit program to participate in the affordable connectivity program without needing to opt in, Smith Bagley urged Wireline Bureau staff, said an ex parte letter posted Tuesday in docket 21-450. Those households "will see no change in their benefit, nor their service offering, when [EBB] transitions to ACP" and "would find it much more difficult to execute an opt-in requirement than most others in the nation," Smith Bagley said. It also asked that "no fundamental changes" be made to the National Lifeline Accountability Database because providers can adjust discounts within NLAD and remove households that no longer qualify.
Dish Network wants join the ranks of eligible telecommunications carriers in the 10 states and the District of Columbia that have disclaimed jurisdiction over ETC designations for commercial mobile radio service providers. In an FCC docket 09-197 petition Monday, Dish said it qualifies as a provider of common carrier service that will provide service throughout its designated service area and will remain functional during emergencies. It said being an ETC would let its current emergency broadband benefit subscribers access funds under Lifeline and the EBB successor affordable connectivity program and help Dish in pursuing broadband infrastructure funding under the Infrastructure Investment and Jobs Act.