Affordable Connectivity Program (ACP)

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.

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.

The FCC Wireline Bureau wants comments by Dec. 8, replies by Dec. 28, on implementation of the Affordable Connectivity Program, said a public notice Thursday in docket 21-450. The new program provides a $30 monthly broadband subsidy for nontribal households and retains the emergency broadband benefit program's $75 monthly subsidy for tribal households. The bureau proposes to retain EBB rules for a connected device. The effective date of the new program will be Dec. 31 as EBB won't be fully expended beforehand and a 60-day transition period for EBB enrollees begins then. The new program would retain similar rules to EBB, including those for participating providers. The Infrastructure Investment and Jobs Act modified household eligibility to remove those that were eligible for a provider's COVID-19 program or experienced a substantial loss of income in the past year, while adding households that receive Women, Infants and Children benefits. The bureau seeks comment on whether aspects of the EBB application process should be retained or modified, and whether providers should file an election notice to participate if they're already in the EBB program. The PN seeks comment on a statutory requirement that providers "allow an eligible household to apply the affordable connectivity benefit to any internet service offering of the participating provider, at the same rates and terms available to households that are not eligible households." The bureau proposes a 30-day non-usage period requirement with 15 days for households to cure the non-usage. The PN seeks comment on whether modifications to this requirement are warranted. The infrastructure law requires that participating providers let enrollees apply the benefit to any internet service. The bureau is seeking comment on how to implement this. Staff proposes requiring providers seek affirmative consent before enrolling a household in ACP and seeks comment on whether that should be done through written consent (see 2111170066). The bureau also is seeking comments on outreach (see 2111090063). The PN seeks comment on partial reimbursement and provider disputes.

Automatically transition emergency broadband benefit program enrollees into the affordable connectivity program, said the National Lifeline Association in a letter to FCC posted Tuesday in docket 20-445. Lifeline subscribers should also be automatically enrolled in the new program and all enrollees should be given an opt-out notice, NaLa said. The group wants a "benefit transfer integrity check" where ACP applicants agree to stay with their chosen provider for 30 days, except when moving out of a service area, before transferring to another provider. NaLa asked that the definition of a "connected device" also be amended to define a tablet by size and "other capabilities related to online learning or telework rather than by the ability to make cellular calls."