WASHINGTON, January 12, 2024 – The Federal Communications Commission announced on Thursday that starting February 8 it will no longer accept new enrollments for the Affordable Connectivity Program, barring Congressional approval of additional funding for the low-income program.

The commission issued a 15-page order detailing its timeline and requirements to gradually phase out the program. The first in a series of deadlines is set for January 25, when providers must notify participants of the program’s anticipated end for the first time.

The FCC’s order came the day after bipartisan legislation was introduced in both the Senate and the House, proposing an additional $7 billion for the ACP program.

If passed, this funding would enable the FCC to extend the ACP until the year’s end, potentially negating some of the wind-down steps detailed in the recent FCC order.

Introduced in January 2022 to replace the Emergency Connectivity Fund that arose during the COVID-19 pandemic, the ACP offers monthly stipends of $30-75 for internet service to qualifying U.S. households.

In the recent order, the commission notes that with the Infrastructure Investment and Jobs Act, Congress enacted several changes to the ECF Program to transform it from an emergency COVID-19 program to a longer-term broadband affordability program. 

The FCC continues to change the program to address participant needs. Most recently, the commission raised the monthly ACP benefit to $75 for high-cost rural areas and directed the Universal Service Administrative Company to accept applications from interested providers.

Yet, due to concerns about potential confusion, the commission canceled the plans for USAC to process applications in a recent order. 

Absent Congressional intervention, the FCC’s Bureau will announce the last fully funded month of the program in late February, currently projected to be April 2024.

Fifteen days after that announcement, providers will be required to send a second notice to ACP participants about the program’s end. The third notice issued will coincide with the last billing cycle that the full ACP benefit is applied to. 

Providers must secure a household’s explicit agreement to continue to receive broadband services after the end of the ACP.

In the order, the commission said it will begin to inform organizations that received outreach grants to cease outreach work focused on enrollment.

On Friday, the National Digital Inclusion Alliance, alongside four community partner organizations representing the 240 outreach coordinators for the ACP, filed a letter to the FCC asking that ACP outreach grantees be able to redirect their funded work toward program wind-down activities, including “raising awareness about the potential end of the ACP.”            

WASHINGTON, December 29, 2023 – In a vote split 3-2 along party lines, the Federal Communications Commission moved to adopt rules aimed at preventing discrimination in access to broadband services, on November 15.

Under the Infrastructure Investment and Jobs Act, the agency was tasked by Congress to enact regulations in 2023 aimed at eliminating digital discrimination and preventing its recurrence. The law amended the Communications Act to include the standard that “subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service.” (47 U.S.C. 1754)

• On the Eighth Day of Broadband, my true love sent to me:
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

The FCC’s new rules ban service providers from broadband discrimination by implementing a “disparate impact” standard. This standard aims to hold internet service providers accountable for practices that result in unequal broadband access among marginalized groups, irrespective of the providers’ intentions.

The shift departs from the former “disparate treatment” norm, which long upheld that either the government or third-party plaintiffs had to present proof of deliberate discrimination by a business to establish liability.

The new regulations implement a rule that digital discrimination can occur even if there is no discriminatory intent, based on criteria like income or race, is involved.

How will the agency conduct enforcement?

The commission will now have enforcement powers available, and investigations may be initiated through a complaint process.

Broadband providers criticized the agency and threated to sue because of the potential broad application of the new standard, fearing it might penalize routine business practices. Their efforts aimed to narrow the definition of digital discrimination to actions specifically designed to disenfranchise particular communities.

Before the agency’s action in mid-December, 24 organizations penned a letter to Congress urging its members to oppose the FCC’s rulemaking in mid-December.

Differing views on the rule’s effect

Experts held differing views regarding the probable effects of the FCC’s rules at a November Broadband Breakfast Live Online event. 

At the event Harold Feld, senior vice president at public interest group Public Knowledge, maintained that the rules’ impact would be minimal for the initial 60 days after implementation, and then, most likely remedy only the “worst and most visible disparities” in broadband access. 

Center for Technology Innovation at the Brookings Institution Director Nicol Turner-Lee cautioned that demonstrating instances of discrimination poses a significant challenge, as evidenced in other sectors such as housing, healthcare, and employment.

Others in the industry have raised concern that the Broadband Equity Access and Deployment Program may not effectively address the issues faced by marginalized groups. In a recent Expert Opinion piece, Emma Gautier from the Institute for Local Self-Reliance contended that urban areas, significantly impacted by digital redlining, might face greater obstacles in obtaining BEAD funding. This challenge stems from the infrastructure law’s predominant emphasis on rural development. 

The situation is further complicated by flawed FCC maps, she said which exaggerate coverage, speeds, and competition, making it notably difficult or perhaps impossible for most urban zones tagged as “served” to access BEAD funds.

See “The Twelve Days of Broadband” on Broadband Breakfast

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  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
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  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Fourth Day of Broadband, my true love sent to me:
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
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• On the Fifth Day of Broadband, my true love sent to me:
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Sixth Day of Broadband, my true love sent to me:
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Seventh Day of Broadband, my true love sent to me:
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
  
• On the Eighth Day of Broadband, my true love sent to me:
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

December 23, 2023 – Around $3.6 billion in funds are projected to be remaining from the $14.6 billion Affordable Connectivity Program, a federal assistance initiative that has supported 1 in 6 Americans (or 22 million American households), in sustaining their internet subscription costs during 2023. 

These remaining funds are anticipated to be depleted by May 2024 if enrollment continues at the current rate, according to the ACP Dashboard monitoring tool developed by the advocacy group Institute for Local Self-Reliance.

• On the First Day of Broadband, my true love sent to me:
  One Artificial General Intelligence
• On the Second Day of Broadband, my true love sent to me:
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Third Day of Broadband, my true love sent to me:
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

A bipartisan majority of voters – 78 percent – support the continuation of the program, according to a national survey conducted by Public Opinion Strategies and RG Strategies in January 2023. This sentiment includes 64 percent of Republicans, 70 percent of Independents, and 95 percent of Democrats,

Despite receiving strong bipartisan public support, the program faced criticism last week from Republican leaders in the House and Senate commerce committees. They expressed concerns about the administration’s spending, labeling it as “wasteful,” and conveyed skepticism regarding the ACP’s effectiveness in a letter addressed to Federal Communications Commission Chairwoman Jessica Rosenworcel.

Efforts to continue ACP

Throughout this year, there have been numerous endeavors aimed at extending and enhancing the program.

In May, during a congressional oversight hearing, Alan Davidson, the administrator of the National Telecommunications and Information Administration, conveyed to Congress members that the Broadband Equity, Access, and Deployment program would suffer adverse effects if continued funding for the ACP is not found.

In an Expert Opinion piece for Broadband Breakfast, Ryan Johnston, senior policy counsel at Next Century Cities, also linked the two issues: If the ACP is allowed to end, the federal government could end up overspending on every broadband deployment. In other words, BEAD networks will be unable to link millions of Americans without ACP.

In August, 45 bipartisan members of Congress publicly expressed support for extending ACP. In October, the Biden administration asked Congress for $6 billion to extend the ACP through December 2024. In November, a bipartisan letter signed by 26 Republican and Democratic governors urged Senate leaders to continue funding the program.

Broadband providers also want to see the program continued, asking Congress in September to use money from another yearly broadband subsidy to keep the ACP afloat.

The FCC event initiated the ACP Transparency Data Collection in November to enhance comprehension of the program. This collection gathers fresh data concerning price details, plan characteristics, subscription rates, and the attributes of program participants. Presently, the data collection initiative is expected to coincide with the depletion of the fund.

Next Century Cities’s Johnston and Lauren Gaydos, director of the Glen Echo Group, speaking during a Broadband Breakfast event in December, expressed concern over the arduous task of reenrolling individuals if the program terminates and then restarts. That would erode trust in the program’s stability and reliability.

Also on the program, Christine Parker, senior GIS analyst at ILSR’s Community Networks Initiative, highlighted that program participation has steadily increased by 3 percent each month. She emphasized that there are no signs of this trend slowing down during the event. And Johnston said that, in his previous discussions with the FCC and the Universal Service Administrative Company, neither agency intends to issue a notice signaling the end of the program.

Instead, both agencies plan to wait until the final possible moment to guarantee the securing of ACP funding.

See “The Twelve Days of Broadband” on Broadband Breakfast

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  24 Reverse-Preemption Pole Attachment States (2023 edition)
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  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence