The FCC Wireline Bureau wants comments by May 26 on NTCA's petition to waive the affordable connectivity program's rolling 30-day non-usage rule for small providers offering fully subsidized plans to tribal households, said a public notice Wednesday in docket 21-450 (see 2205130069). NTCA also asked as an alternative to set a Sept. 15 effective date for the rule.
Industry and consumer advocacy organizations disagreed on the severity of digital discrimination and on potential solutions, in comments posted Tuesday in docket 22-69. The FCC sought comments on how to combat digital discrimination as required by the Infrastructure Investment and Jobs Act. The law directed the FCC to adopt rules that prevent discrimination based on income, race, ethnicity, color, religion or national origin.
NTCA asked the FCC to grant a waiver of the affordable connectivity program's "uniform, rolling 30-day" non-usage period for small providers that offer a fully subsidized plan to tribal households, said a petition posted Friday in docket 21-450. The group also sought a waiver for ACP subscribers that qualified through Lifeline. The rule "requires an automated functionality that many of these entities do not have," NTCA said, asking the FCC to allow small providers serving tribal consumers to abide by emergency broadband benefit program rules on non-usage. AT&T is also seeking a targeted waiver for consumers receiving asymmetric digital subscriber line services (see 2205090056).
NTIA released notices of funding opportunity Friday for applicants interested in its broadband, equity, access and deployment, middle-mile grant, and state digital equity planning grant programs funded by the Infrastructure Investment and Jobs Act. The agency cited “end-to-end fiber-optic architecture” as priority broadband projects and encouraged states to give the greatest consideration to subgrantees committed to providing 1 Gbps services at an affordable rate as part of the BEAD program.
More than 30 consumer advocacy organizations asked NTIA and the Biden administration to prioritize "consumers’ needs over the desires of industry" in its broadband programs funded through the Infrastructure Investment and Jobs Act, in a letter Thursday. "Universal equitable connectivity could be imperiled if the NTIA fails to use its congressional authority," the letter said, and NTIA should "set minimum standards, prescribe best practices, exercise oversight over the states’ proposals, and determine who can access a low-cost broadband plan." Public Knowledge, the Benton Institute for Broadband & Society, Consumer Reports, Electronic Frontier Foundation, MediaJustice and the Marconi Society were among the signers. NTIA should "require states to prioritize scalable, symmetrical projects," and "impart its expertise" as states plan for the various programs, the groups said. The agency should also ensure providers receiving broadband, equity, access, and deployment program support offer a low-cost plan separate from the FCC's affordable connectivity program because it could "leave customers in the lurch after just a few years when the ACP [affordable connectivity program] runs out of funding."
NTCA asked the FCC to consider reverting the affordable connectivity program's usage rules for asymmetric digital subscriber line (ADSL) services to those in the emergency broadband benefit program "with a technical infeasiblity exemption where such measurement is not possible," in comments posted Friday in docket 21-450 (see 2204150057). The FCC sought comment on AT&T's petition to waive the requirement for its grandfathered plans that use ADSL technology. The group said some of its members faced problems with capturing usage of its ACP-enrolled customers using ADSL technology. NTCA opposed FCC action that "would result in its members forgoing reimbursement for a discount extended to a subscriber." AT&T's willingness to do so "highlights that strict compliance with the rule ... is neither feasible nor reasonable," NTCA said. AT&T also met with Wireline Bureau staff on its petition, per an ex parte posted Monday, saying its request is "limited to a small and targeted subset of potentially eligible wireline customers on grandfathered plans utilizing ADSL technology that is no longer supported by equipment manufacturers."
The Biden administration’s Monday announcement (see 2205060046) that 20 ISPs committed to offer low-income households broadband plans with download speeds of at least 100 Mbps at no more than $30 per month got a mixed reception among communications policy stakeholders. All of the participating ISPs -- which include Altice, AT&T, Charter, Comcast, Cox, Frontier, Mediacom and Verizon -- were already part of the FCC’s affordable connectivity program that subsidizes qualifying households’ broadband up to $30 per month. The White House said the participating ISPs cover more than 80% of the U.S. population.
NTCA asked FCC Wireline Bureau staff to reconsider the affordable connectivity program's non-usage rules or grant additional time for companies serving tribal consumers, said an ex parte posted Wednesday in docket 21-450 (see 2204150057). Some of the group's smaller members "will have substantial difficulty with" the rules, Vice President-Federal Regulatory Brian Ford told staff, noting at least one member company serving customers on tribal lands with fully subsidized plans would need to use an automated process for tracking usage because doing so manually "would be nearly impossible." Tribal areas "pose unique challenges," Ford said, and it's "important to reconcile reasonably the prospect of a new program intended to increase broadband adoption in these areas and a non-usage provision that applied too strictly could undermine the success of these efforts."
Public Knowledge urged the FCC to create a USF device voucher program and modify the Lifeline program to be a successor to the affordable connectivity program, in a call with an aide to FCC Chairwoman Jessica Rosenworcel. “The lack of a device is one of the biggest barriers to connectivity -- and those impacted are primarily low-income or marginalized,” said a filing posted Friday in docket 21-476. “Over half of low-income Lifeline households don't own a computer or tablet. Many more may share just one device amongst a whole household, forcing families to make difficult choices about who can connect at any given time.”
The FCC Wireline Bureau released a set of best practices for domestic Communications Act Section 214 applicants seeking approval for transactions including a transfer of USF high-cost obligations, per a public notice Tuesday. The bureau "has recently received higher volumes" of such applications, it said, and recommended applicants include certain information to "expedite the timely acceptance ... and minimize the need for supplemental filings." Such information includes a list of all USF high cost support received that would be transferred, information about whether any entities are eligible telecom carriers, how a transfer may affect an entity's Connect America Fund Phase II or Rural Digital Opportunity Fund support, cost study areas to be transferred, and whether any entities currently participating in Lifeline, the emergency broadband benefit program, or affordable connectivity program would continue to do so.