NTIA Administrator Alan Davidson came under repeated fire Wednesday from House Republicans for low-cost offering requirements in the broadband equity, access and deployment (BEAD) program, with the lawmakers repeatedly charging -- and Davidson denying -- they amount to rate regulation. The House Communications Subcommittee oversight hearing also saw lawmakers chide one another across the aisle about the looming funding cliff of the affordable connectivity program (ACP).
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
The possible end of the federal affordable connectivity program (ACP) isn't an excuse to make sweeping changes to state broadband grant rules, ISPs told the California Public Utilities Commission this week. In Monday comments (docket R.20-08-021), AT&T, Frontier Communications, cable companies and small rural local exchange carriers urged the CPUC to swiftly reject last month’s The Utility Reform Network (TURN) petition to modify rules for the California Advanced Services Fund (CASF) broadband infrastructure account (see 2404150062).
The House is set to vote as soon as Tuesday night on a revised version of the NTIA Reauthorization Act (HR-4510) under suspension of the rules, the office of Majority Leader Steve Scalise, R-La., said Friday night. The House Commerce Committee-cleared measure would elevate the NTIA administrator from assistant secretary to undersecretary of Commerce. It also proposes other steps aimed at improving coordination of federal spectrum (see 2307270063). Chamber leaders pulled HR-4510 from consideration in early March amid objections from leaders of the House Armed Services Committee over the fight between NTIA and DOD about allowing 5G use of the 3.1-3.45 GHz band (see 2403060062). In addition, the House will consider the Senate-passed FAA Reauthorization Act (HR-3935) amid questions about whether backers of additional funding for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program will attempt to attach money for those initiatives to it. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other senators unsuccessfully sought an amendment aimed at including $6 billion for ACP and $3.08 billion for rip and replace in HR-3935 (see 2405100046).
FCC commissioners approved a notice of apparent liability of $8 million against K20 Wireless “for apparently willfully and repeatedly violating” affordable connectivity program rules. Also, the carrier will be removed from the program. “From at least June 2022 to May 2023, K20 sought and received ACP Tribal lands support for subscribers who were not eligible for those benefits,” said an order posted Friday. “For approximately 50 percent of these subscribers, the Company, after switching the subscriber’s ACP enrollment to K20, then changed the subscriber’s existing non-Tribal lands home address to a false address on Tribal lands not associated in any way with that subscriber,” the order said: “K20 then sought ACP reimbursement for those subscribers at the rate available for consumers residing on Tribal lands.”
Backers of stopgap funding for the FCC’s ailing affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program believe they made progress last week toward their goal of firming up the initiatives even as a bid attaching funds to the FAA reauthorization legislation appeared all but dead. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., emerged from the chamber Thursday night touting commitments from leaders to move forward on allocating the proposed money even as the body voted 88-4 to pass the FAA Reauthorization Act (HR-3935) without funding language he and others sought (see 2405070083).
House Republicans pushed back during a Friday Communications Subcommittee field hearing in Bakersfield, California, against calls for Congress to allocate stopgap funding to the FCC’s ailing affordable connectivity program and the rollout of NTIA’s $42.5 billion broadband equity, access and deployment program. ACP supporters believe they made progress last week toward securing a path that keeps the program funded in FY 2024 despite proposals attaching funding to the FAA Reauthorization Act (HR-3935) failing in the Senate (see 2405100046).
A bipartisan bid aimed at attaching $6 billion in stopgap funding for the FCC’s affordable connectivity program and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program to the FAA reauthorization package appeared likely to fail Thursday amid opposition from Senate leaders (see 2405080047). Amendment co-sponsor Sen. J.D. Vance, R-Ohio, conceded in an interview Thursday he and other backers appear to lack the necessary votes to hold up consideration of the FAA package. Senate Commerce Committee Chair Maria Cantwell, D-Wash., and amendment co-sponsor Sen. Peter Welch, D-Vt., separately confirmed to us that chamber leaders still resisted allowing a floor vote on the proposal because they view it as nongermane to the FAA package.
A new bid by Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other senators to attach stopgap funding for the FCC’s affordable connectivity program and additional money for the Secure and Trusted Communications Networks Reimbursement Program to the FAA Reauthorization Act (see 2405070083) faces resistance from chamber leaders. Senate Majority Leader Chuck Schumer, D-N.Y., and other leaders are skeptical about including nongermane language in the FAA package. A previous proposal to attach ACP money drew opposition during a Tuesday night “hotline” that Senate leaders ran to gauge lawmakers’ support for amendments in the package.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., said Thursday night he has secured commitments from chamber leaders to move forward on allocating $6 billion in stopgap funding for the FCC’s affordable connectivity program and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program amid last-minute talks to pass an FAA reauthorization package. The Senate was still voting Thursday night on passing an amended version of the FAA Reauthorization Act (HR-3935) that doesn’t include the ACP/rip-and-replace language Lujan and others sought, as expected.
Senate Communications Subcommittee Chairman Ben Ray Lujan (D-N.M.), Sen. J.D. Vance (R-Ohio) and four other senators joined forces Tuesday night to file an amendment to the FAA reauthorization bill that would allocate $6 billion to the FCC’s affordable connectivity program for FY 2024 and $3.08 billion to fully fund the Secure and Trusted Communications Networks Reimbursement Program. Senate leaders were still in talks Tuesday night on what amendments to the FAA package they would allow floor votes on in hopes of securing a time agreement to speed consideration of the measure.