Emergency Broadband Rules Raise Carr Concerns Amid 4-0 OK
The FCC released rules for the $3.2 billion emergency broadband benefit program Friday. The order adopted several recommendations that commissioners sought, including a uniform start date for participating providers and a streamlined approval process for noneligible telecom carriers (ETCs). Commissioners unanimously voted to approve the rules Thursday (see 2102250066). Commissioner Brendan Carr's statement Friday showed he voted to approve in part and concur in part.
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Carr would have "preferred that we prioritize the needs of students" and "that we make more of the necessary decisions up front through this document, rather than delegating those choices to" the Wireline Bureau or Universal Service Administrative Co., he said. "Doing so could have provided the public and providers with greater certainty about the path forward." He's happy the rules "avoid the consumer confusion that could have resulted from staggered start dates." That's a change others also mentioned (see 2102250064).
The order excludes smartphones as devices that will be funded, as expected (see 2102230025). FCC officials told us the smartphone issue didn’t get much discussion when the order was before commissioners because the legislative language seemed so clear.
The law “does not leave room for a broad interpretation of ‘connected device,’” the order said: “Congress explicitly declined to include mobile phones in its definition.” The FCC noted that commenters lined up on both sides: “While tablets are capable of supporting video conferencing platforms and other software, commenters express caution that tablets may require more specific service standards or a broad interpretation.”
The commission adopted a broad definition of "provider" so community-owned networks, electric cooperatives and municipal governments can participate. Providers must certify that they had been offering broadband to eligible households as of Dec. 1 and file an election notice. Existing ETCs can do so with USAC for themselves and affiliates in jurisdictions that the ETC is designated. Non-ETCs must certify that they had been offering service as of April 1 and will have a "priority application deadline" to seek approval from the Wireline Bureau before filing their election with USAC, but they may seek expedited or automatic approval. Once all providers are approved, the bureau and USAC will announce a "uniform start date" for providers to begin offering services. Public utilities commissions sought a formal role. The commission declined because Congress specified in the FY 2021 Consolidated Appropriations Act that non-ETCs must seek commission approval. Instead, the FCC will provide the names of approved providers in each state.
An online tracker will follow the amount of funding available during the program. It will include the number of households enrolled, the number of net new households enrolling each week, and the total amount of reimbursement claims approved to date.
Several providers praised the commission for quickly putting together the rules. They included ACA Connects, AT&T, Comcast and CTIA.