Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
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.
Latest News on the Affordable Connectivity Program
A Tuesday Senate Communications Subcommittee hearing on implementation of broadband funding from the Infrastructure Investment and Jobs Act and other recent measures is likely to include a heavy focus on GOP leaders’ concerns about federal agencies’ oversight of those disbursals, lawmakers and other officials told us. There also may be discussion about other pressing issues, including recent pushes to include additional money for the FCC’s Secure and Trusted Communications Networks Reimbursement Program in a FY 2023 appropriations omnibus package (see 2212070068) and to enact legislation that ensures broadband funding from IIJA and the American Rescue Plan Act doesn’t count as taxable income, observers said.
The communications market doesn’t need affordability metrics, telecom industry groups told the California Public Utilities Commission in comments this week. The CPUC received feedback Wednesday on a 2020 affordability report released last month and possibly applying the agency’s metrics to communications (see 2210140036). In a separate docket, the state commission received mixed reviews on a proposed pilot program for stacking federal affordable connectivity program (ACP) funds on state LifeLine support (see 2210140068).
The FCC Consumer and Governmental Affairs Bureau will host a series of virtual office hours to answer questions about the affordable connectivity program's outreach grants and application process, said a public notice Wednesday in docket 21-450. Office hours will be from 12-1 p.m. EST Dec. 1, Dec. 16, and Jan. 4.
The FCC released an order requiring all affordable connectivity program providers to submit annual data on price, plan coverage, and characteristics of their service to ACP-enrolled households Wednesday. The order, adopted Nov. 15, declined to adopt a subscriber-level data collection, citing privacy concerns and administrative burdens, and instead established an aggregate collection system. Providers will be required to submit the same pricing information as required by the broadband consumer labels and whether there are recurring or one-time equipment fees. Providers are also required to submit the number of households receiving the benefit at a zip code level. The FCC will release non-provider-specific data, aggregated at the state level, on "the average or median prices of plans in which ACP subscribers are enrolled within designated download speed tiers and data on the number of subscribers of plans within those tiers," the order said. An accompanying NPRM will seek comment on revising the data collection rules and whether the FCC should seek more granulated data on enrollment and the digital divide. The FCC "need[s] to know where we have been with this program to better understand where we need to go," said Chairwoman Jessica Rosenworcel: "We are also considering proposals in a further rulemaking to see what other data points may help paint a fuller picture of how eligible households participate in this program." The data "will greatly inform our policymaking going forward," said Commissioner Geoffrey Starks, saying he hopes outreach grant recipients "look to the data we collect here to help them better serve their communities."
The FCC released a notice of funding opportunity for its Your Home, Your Internet and affordable connectivity program navigator pilot grant programs (see 2211100044). Applications are due by Jan. 9 at 9 p.m. EST, said a news release Monday. The commission made up to $5 million available for the Your Home, Your Internet grants and up to $5 million for the ACP navigator grants. Only pilot participants seeking grant funds will be required to adhere to the NOFO's requirements. "Through these one-year pilot program outreach grants, we hope to learn more about how to better market these programs, including how participants can reach out to those receiving federal housing assistance and help households overcome enrollment barriers," said Chairwoman Jessica Rosenworcel.
Industry and state broadband officials emphasized the need for better data on broadband availability and public-private partnerships as NTIA prepares to administer its broadband, equity, access and deployment program, speaking at USTelecom's broadband investment forum Wednesday. Some raised concerns about regulatory requirements in the BEAD program and ensuring state broadband offices are prepared to administer funding to subgrantees.
The FCC encouraged entities interested in applying for the affordable connectivity program's outreach grants to present "innovative outreach strategies" that can be implemented at the multistate or national level, due to the limited funding available, said Consumer and Governmental Affairs Bureau staff during a webinar Tuesday. Attendees sought guidance on how to navigate the application process and how the bureau will base its funding decisions.
The House planned to vote as soon as Monday night on the Ensuring Phone and Internet Access Through Lifeline and Affordable Connectivity Program Act (HR-4275) under suspension of the rules, said the office of Majority Leader Steny Hoyer, D-Md., Friday. HR-4275, previously known as the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act, would require the FCC to do a report on the number of SNAP participants enrolled in the Lifeline and affordable connectivity programs. The House Commerce Committee unanimously advanced the measure in July (see 2207130066).
Applications for the FCC's affordable connectivity program national outreach grants and tribal outreach grants are due by Jan. 9, said a notice of funding opportunity released Thursday (see 2209200076). A separate notice for the Your Home, Your Internet and ACP navigator pilot grant programs will be released Nov. 21, said a news release. "Our outreach partners have already demonstrated creativity, perseverance, and a continued commitment to ensuring everyone, everywhere has the internet connections they need," said Chairwoman Jessica Rosenworcel, "and these outreach grants aim to supercharge those successful efforts.”