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.
The FCC Wireline Bureau waived certain emergency broadband benefit program rules requiring an enrollment freeze and consumer notifications as the commission transitions to the affordable connectivity program, said an order posted Friday in docket 20-445 (see 2111230058). The rule, originally intended to "avoid claims volatility and to allow for more certain financial projections in the final months," required a freeze in EBB enrollments once the program's end date was announced. Waiving the rule "maximizes the time period" for enrollment during EBB's final weeks and "avoids unnecessarily limiting participation," the order said. The bureau also waived the 15- and 30-day consumer notice requirement that EBB is ending, given that enrolled households will continue receiving up to $50 monthly broadband subsidies during the 60-day transition to ACP, it said.
The FCC is likely to face minimal implementation obstacles as it transitions from the $3.1 billion emergency broadband benefit program to the $14.2 billion affordable connectivity program, advocacy and industry groups told us (see 2111180067). A central concern is ensuring EBB-enrolled households can switch to the new program with minimal hiccups once eligibility and subsidy amount changes take effect. That could be mitigated with education and outreach efforts, stakeholders said.
FCC Commissioner Brendan Carr said he's "outraged" regarding an Office of Inspector General report that some emergency broadband benefit providers were falsely claiming a child in a household attended a qualifying low-income school (see 2111220058). Carr said Tuesday he's "concerned" because he was "kept in the dark" about the report until it was made public, "even though others at the commission were read in ahead of time." The FCC "must put tighter controls in place" as the agency sets up the $14.2 billion affordable connectivity program, he said. The agency didn't comment.
Broadband and housing advocates want more FCC scrutiny over multi-tenant environments and the deals MTE building owners make with providers, said replies posted Monday in docket 17-142 (see 2110210053). Some said exclusivity agreements could hamper enrollment efforts in the upcoming $14.2 billion Affordable Connectivity Program (ACP). MTE trade groups rejected additional regulation.