Commit "effective resources and energy" to crafting FCC Affordable Connectivity Program toolkit materials, said Asian Americans Advancing Justice, the Benton Institute for Broadband & Society, MediaJustice, New America's Open Technology Institute and Public Knowledge in a letter Thursday in docket 21-450 (see 2111090063). Marketing materials and campaigns should be "at a minimum accurate, as well as culturally relevant and inclusive," the groups said, citing some ACP materials translated to Korean and Spanish that "heavily feature the word 'broadband'" and may benefit from more commonly used terms. "Technically accurate translations may not be recognizable or accessible to people who speak that language" and the FCC should "commit to reviewing and potentially editing outreach materials to improve baseline awareness about the program," the groups said.
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.
FCC commissioners unanimously approved an NPRM on adoption of broadband consumer labels, as directed by the Infrastructure Investment and Jobs Act (see 2201260049), during their Thursday meeting. They also approved an order amending the definition of tribal libraries to clarify their eligibility for E-rate, the revocation of China Unicom Americas' Section 214 authority to operate in the U.S., and an order on reconsideration upholding a fine against a Texas company for signal jamming.
Mississippi Public Service Commissioner Brandon Presley (D) told the FCC that SurgePhone may be violating affordable connectivity program rules on consumer protection by giving consumers a tablet for a "$10 connection fee" without providing a receipt or required disclosures. Tents were set up throughout the state, but the company didn't disclose the company's name until Presley asked the representatives after waiting in line, he said in a letter Tuesday. Presley said he's "extremely worried about consumers being snookered by Surge" and asked the FCC to "have Surge cease and desist operations" until an investigation is complete. It's "the wild, Wild West" and an "invitation for waste, fraud, and abuse," Presley told us, saying tents were still being spotted throughout the state on Tuesday. The FCC is "looking into the claims raised in the letter," emailed a spokesperson: "We take any allegations of wrongdoing about this program seriously and will not hesitate to take appropriate action as necessary.” Surge didn't comment.
The Infrastructure Investment and Jobs Act "directs the FCC to make sure that all households with women, infants, children, and breastfeeding mothers participating" in the Special Supplemental Nutrition Program for Women, Infants and Children program and "all households with students participating [in] the free and reduced school lunch program are eligible for support from the Affordable Connectivity Program," emailed a spokesperson Monday. Last week, Commissioners Brendan Carr and Nathan Simington raised concerns about ACP enrollees not being required to include a Social Security number in their application to verify their identity (see 2201210082): "To be clear, these kinds of programs do not require social security numbers," the spokesperson said: The FCC "has made sure that every family participating in [ACP] provides identification like taxpayer identification numbers and driver's licenses. But this is about more than the law, it’s the right thing to do to make sure millions of people across the country are not left in digital darkness."
The FCC made changes to its final order on the affordable connectivity program and NPRM on its outreach grant program released Friday, with Commissioner Brendan Carr partially dissenting and Commissioner Nathan Simington concurring in part (see 2201070060). Carr dissented because the order didn't include safeguards against potential fraud in identity verification. "I worry that by not requiring this information, we are turning a blind eye to fraud already happening while leaving the door open for even more benefits going to ineligible households," Carr said. Simington concurred to "draw attention" to ACP recipients not being required to provide "any portion of their social security number" and to his concern that it's "impossible to prevent a consumer from endlessly enrolling in high-cost plans for which such customer has no intention of paying their share of the bill." Chairwoman Jessica Rosenworcel thanked Carr and Simington for "their ideas to improve accountability measures," saying she looks forward to "working with federal, state, and local partners to identify ways to ensure that those who are eligible have opportunities to enroll with the broadband provider of their choosing." The order "repeatedly affirms our decision to spend that money in ways that advance our digital equity goals," said Commissioner Geoffrey Starks. Providers seeking reimbursement for a connected device must include details about the device's market value instead of the proposed applicable wholesale cost. The order clarified that "tablets with cellular calling capabilities" aren't eligible for reimbursement. The program will continue to follow a market value-based approach for reimbursement of connected devices with additional accountability requirements. Universal Service Administrative Co. is required to do quarterly "program integrity reviews." USAC will make data public on household enrollment similar to the tracker used for the national verifier. About 265,000 households are enrolled in ACP, the order said. Few changes were made to the NPRM. It included a question about how to administer a pilot focused on outreach to households in federal public housing assistance programs and other agencies. It asks how the enhanced, up to $75 monthly benefit should be administered to households in high-cost areas.
A draft FCC NPRM on broadband consumer labels like those recommended in 2016 may get pushback from ISPs because the labels would be mandatory for all providers, experts told us (see 2201060057). Consumer advocates said the move is a good starting point and will boost pricing transparency.
The FCC approved rules for the $14.2 billion affordable connectivity program and Further NPRM on outreach funding, as required by the Infrastructure Investment and Jobs Act, said a Friday news release (see 2201120038). "For too many families across the country paying for their internet bill can mean making [budget] sacrifices," said Chairwoman Jessica Rosenworcel: The FCC now "has new tools to support these families and reach those most at risk of digital disconnection for years to come.” The order wasn't released.
FCC draft rules for the $14.2 billion affordable connectivity program were widely welcomed as more consumer protection provisions were included and several ACP changes were made to reflect challenges seen during the emergency broadband benefit program, industry and advocacy groups told us. Some sought minor changes to rules governing participating providers and connected devices. Rules must be finalized by Friday as required by the Infrastructure Investment and Jobs Act.
FCC Commissioner Geoffrey Starks will vote “later this week” on draft affordable connectivity program rules, funded by the Infrastructure Investment and Jobs Act, he said during an Information Technology Industry Council webinar Tuesday. “I expect a lot from this program going forward” (see 2201070060). ACP rules must be finalized within 60 days of the law's enactment, which is Friday.
The FCC should approve rules that allow emergency broadband benefit enrollees to easily migrate to the new affordable connectivity program (ACP), CTIA representatives told an aide to Commissioner Nathan Simington. “An affirmative customer opt-in process for ACP,” as proposed in a public notice, “is likely to lead to large-scale de-enrollment of eligible households, which would disserve the program’s goals,” said a filing posted Monday in docket 21-450. Ensure “that a broad cross-section of broadband providers continues to participate in the program, ensuring competition and multiple options,” CTIA urged.