47 U.S.C. § 1752
In this section:
The term "broadband internet access service" has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
The term "broadband provider" means a provider of broadband internet access service.
The term "Commission" means the Federal Communications Commission.
The term "connected device" means a laptop or desktop computer or a tablet.
The term "designated as an eligible telecommunications carrier", with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)).
The term "eligible household" means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which-
Subject to subparagraph (B), the term "affordable connectivity benefit" means a monthly discount for an eligible household applied to the actual amount charged to such household, in an amount equal to such amount charged, but not more than $30, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75.
The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in section 1702(a)(2) of this title) may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph (A) for an internet service offering provided on Tribal land upon a showing that the applicability of the lower limit under subparagraph (A) to the provision of the affordable connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network.
The term "internet service offering" means, with respect to a broadband provider, broadband internet access service provided by such provider to a household.
The term "National Lifeline Accountability Database" has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation).
The term "National Verifier" has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation.
The term "participating provider" means a broadband provider that-
The Commission shall establish a program, to be known as the "Affordable Connectivity Program", under which the Commission shall, in accordance with this section, reimburse, using funds from the Affordable Connectivity Fund established in subsection (i), a participating provider for an affordable connectivity benefit, or an affordable connectivity benefit and a connected device, provided to an eligible household.
To verify whether a household is an eligible household, a participating provider shall-
The Commission shall-
From the Affordable Connectivity Fund established in subsection (i), the Commission shall reimburse a participating provider in an amount equal to the affordable connectivity benefit with respect to an eligible household that receives such benefit from such participating provider.
A participating provider that, in addition to providing the affordable connectivity benefit to an eligible household, supplies such household with a connected device may be reimbursed up to $100 from the Affordable Connectivity Fund established in subsection (i) for such connected device, if the charge to such eligible household is more than $10 but less than $50 for such connected device, except that a participating provider may receive reimbursement for no more than 1 connected device per eligible household.
To receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following:
A participating provider-
Nothing in subparagraph (A) shall prevent a participating provider from terminating the provision of broadband internet access service to a subscriber after 90 days of nonpayment.
A participating provider, in collaboration with the applicable State agencies, public interest groups, and non-profit organizations, in order to increase the adoption of broadband internet access service by consumers, shall carry out public awareness campaigns in service areas that are designed to highlight-
The Commission-
When a customer subscribes to, or renews a subscription to, an internet service offering of a participating provider, the participating provider shall notify the customer about the existence of the Affordable Connectivity Program and how to enroll in the Program.
The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program.
The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program.
In carrying out clause (i), the Commission may-
The Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from-
In complying with this paragraph, the Commission may take advantage of the exceptions set forth in subsections (e) and (f).
The Commission shall adopt audit requirements to ensure that participating providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the Affordable Connectivity Program. A finding of waste, fraud, or abuse or an improper payment (as such term is defined in section 2(d) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) 1 identified by the Commission or the Inspector General of the Commission shall include the following:
Not later than 1 year after December 27, 2020, the Inspector General of the Commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the Affordable Connectivity Program.
Not later than 7 days after a finding made by the Commission under the requirements of paragraph (12), the Commission shall notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with any information described in such paragraph that the Commission has obtained.
At the conclusion of the Affordable Connectivity Program, any participating eligible households shall be subject to a participating provider's generally applicable terms and conditions.
Not later than 60 days after December 27, 2020, the Commission shall promulgate regulations to implement this section.
As part of the rulemaking under paragraph (1), the Commission shall-
The Commission may not require a broadband provider to be designated as an eligible telecommunications carrier in order to be a participating provider.
The Commission shall establish an expedited process by which the Commission approves as participating providers broadband providers that are not designated as eligible telecommunications carriers and elect to participate in the Affordable Connectivity Program.
Notwithstanding subparagraph (A), the Commission shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse.
Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation).
Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or any successor regulation, shall apply in whole or in part to the Affordable Connectivity Program, shall not apply in whole or in part to such Program, or shall be modified in whole or in part for purposes of application to such Program.
A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act. The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this section.
Section 553 of title 5 shall not apply to a regulation promulgated under subsection (c) or a rulemaking proceeding to promulgate such a regulation.
A collection of information conducted or sponsored under the regulations required by subsection (c) shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act).
There is established in the Treasury of the United States a fund to be known as the Affordable Connectivity Fund.
There is appropriated to the Affordable Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $3,200,000,000 for fiscal year 2021, to remain available until expended.
Amounts in the Affordable Connectivity Fund shall be available to the Commission for reimbursements to participating providers under this section, and the Commission may use not more than 2 percent of such amounts to administer the Affordable Connectivity Program.
Reimbursements provided under this section shall be provided from amounts made available under this subsection and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)).
The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the Affordable Connectivity Program, including developing and processing reimbursements and distributing funds to participating providers.
The Commission may not enforce a violation of this section under section 501, 502, or 503 of the Communications Act of 1934 (47 U.S.C. 501; 502; 503), or any rules of the Commission promulgated under such sections of such Act, if a participating provider demonstrates to the Commission that such provider relied in good faith on information provided to such provider to make the verification required by subsection (b)(2).
1 See References in Text note below.
47 U.S.C. § 1752
EDITORIAL NOTES
REFERENCES IN TEXTThe Richard B. Russell National School Lunch Act, referred to in subsec. (a)(6)(B), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.Section 2(d) of the Improper Payments Information Act of 2002, referred to in subsec. (b)(12), is section 2(d), Nov. 26, 2002 of Pub. L. 107-300, 116 Stat. 2350, which was set out in a note under section 3321 of Title 31, Money and Finance, and was repealed by Pub. L. 116-117, §3(a)(1), Mar. 2, 2020, 134 Stat. 133. See, generally, subchapter IV of chapter 33 of Title 31.The Communications Act of 1934, referred to in subsec. (g), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
CODIFICATIONSection was formerly set out as a note under section 1301 of this title.
AMENDMENTS2021- Pub. L. 117-58, §60502(a)(1)(A), struck out "during emergency period relating to COVID-19" after "service" in section catchline. Pub. L. 117-58, §60502(a)(2)(D)-(F), substituted, wherever appearing in text, "Affordable Connectivity" for "Emergency Broadband Benefit", "Affordable" for "Emergency Broadband", and "affordable connectivity" for "emergency broadband".Subsec. (a)(6)(A). Pub. L. 117-58, §60502(b)(1)(A)(i)(I), inserted before semicolon at end "except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting '200 percent' for '135 percent' ".Subsec. (a)(6)(C). Pub. L. 117-58, §60502(b)(1)(A)(i)(II)-(IV), redesignated subpar. (D) as (C), struck out "or" at end, and struck out former subpar. (C) which read as follows: "at least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database;".Subsec. (a)(6)(D). Pub. L. 117-58, §60502(b)(1)(A)(i)(III), (V), redesignated subpar. (E) as (D), struck out "or COVID-19" before "program", and substituted "; or" for period at end. Former subpar. (D) redesignated (C).Subsec. (a)(6)(E). Pub. L. 117-58, §60502(b)(1)(A)(i)(VI), added subpar. (E). Former subpar. (E) redesignated (D).Subsec. (a)(7). Pub. L. 117-58, §60502(b)(1)(A)(ii), substituted "$30" for "$50" and struck out "which shall be no more than the standard rate for an internet service offering and associated equipment," after "such household,". Pub. L. 117-58, §60502(a)(3)(A), designated existing provisions as subpar. (A), inserted heading, substituted "Subject to subparagraph (B), the term" for "The term", and added subpar. (B). Pub. L. 117-58, §60502(a)(2)(A), substituted "Affordable connectivity" for "Emergency broadband" in heading.Subsec. (a)(8). Pub. L. 117-58, §60502(b)(1)(A)(iii), struck out at end ", offered in the same manner, and on the same terms, as described in any of such provider's offerings for broadband internet access service to such household, as on December 1, 2020". Pub. L. 117-58, §60502(a)(1)(B), redesignated par. (9) as (8) and struck out former par. (8) which defined "emergency period".Subsec. (a)(9) to (11). Pub. L. 117-58, §60502(a)(1)(B)(ii), redesignated pars. (10) to (12) as (9) to (11), respectively. Former par. (9) redesignated (8).Subsec. (a)(12), (13). Pub. L. 117-58, §60502(b)(1)(A)(ii), (iv), redesignated par. (13) as (12) and then struck it out. Prior to amendment, par. defined the term "standard rate". Former par. (12) redesignated (11).Subsec. (b). Pub. L. 117-58, §60502(a)(2)(B), substituted "Affordable Connectivity" for "Emergency Broadband Benefit" in heading.Subsec. (b)(1). Pub. L. 117-58, §60502(a)(1)(C)(i), struck out "during the emergency period" before period at end.Subsec. (b)(4). Pub. L. 117-58, §60502(a)(1)(C)(ii), struck out "during the emergency period" before period at end.Subsec. (b)(5). Pub. L. 117-58, §60502(a)(1)(C)(iii), struck out "during the emergency period," before "in addition to".Subsec. (b)(6)(A). Pub. L. 117-58, §60502(b)(1)(B)(ii), (iii), redesignated subpar. (B) as (A) and cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: "has not been and will not be charged-"(I) for such offering, if the standard rate for such offering is less than or equal to the amount of the affordable connectivity benefit for such household; or"(II) more for such offering than the difference between the standard rate for such offering and the amount of the affordable connectivity benefit for such household;". Pub. L. 117-58, §60502(b)(1)(B)(i), struck out subpar. (A) which read as follows: "That the amount for which the participating provider is seeking reimbursement from the Affordable Connectivity Fund established in subsection (i) for providing an internet service offering to an eligible household is not more than the standard rate."Subsec. (b)(6)(B) to (D). Pub. L. 117-58, §60502(b)(1)(B)(ii), redesignated subpars. (B) to (D) as (A) to (C), respectively.Subsec. (b)(7) to (15). Pub. L. 117-58, §60502(a)(3)(B), added pars. (7) to (11) and redesignated former pars. (7) to (10) as (12) to (15), respectively, and, in par. (14) as redesignated, substituted "paragraph (12)" for "paragraph (7)".Subsec. (i). Pub. L. 117-58, §60502(a)(2)(C), substituted "Affordable" for "Emergency Broadband" in heading.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117-58, div. F, title V, §60502(b)(1), Nov. 15, 2021, 135 Stat. 1241, provided in part that the amendments made to this section by section 60502(b)(1) of Pub. L. 117-58 are effective on the date on which the Federal Communications Commission submits the certification required under section 60502(b)(4) of Pub. L. 117-58 set out below, or Dec. 31, 2021, whichever is earlier.
ELIGIBILITY FOR THE AFFORDABLE CONNECTIVITY BENEFIT; TRANSITION; CERTIFICATION Pub. L. 117-58, div. F, title V, §60502(b)(2)-(4), Nov. 15, 2021, 135 Stat. 1242, provided that:"(2) APPLICABILITY OF AMENDMENT TO ELIGIBILITY.- A household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) [47 U.S.C. 1752] before the effective date in paragraph (1) [set out as a note above] and, as of that effective date, would, but for this subparagraph, see a reduction in the amount of the affordable connectivity benefit under the Program, shall, during the 60-day period beginning on that effective date, be eligible for the affordable connectivity benefit in the amount in effect with respect to that household, as of the day before that effective date."(3) TRANSITION.-After the effective date under paragraph (1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) on the day before the date of enactment of this Act [Nov. 15, 2021] and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall continue to have access to an affordable service offering."(4) CERTIFICATION REQUIRED.-On the date on which the amounts appropriated under section 904(i)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) [47 U.S.C. 1752(i)(2)] have been fully expended, the [Federal Communications] Commission shall submit to Congress a certification regarding that fact."
BROADBAND TRANSPARENCY RULES Pub. L. 117-58, div. F, title V, §60502(c), Nov. 15, 2021, 135 Stat. 1243, provided that:"(1) RULES.-Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the [Federal Communications] Commission shall issue final rules regarding the annual collection by the Commission of data relating to the price and subscription rates of each internet service offering of a participating provider under the Affordable Connectivity Program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) [47 U.S.C. 1752] (as amended by this section) to which an eligible household subscribes."(2) UPDATES.-Not later than 180 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules."(3) REDUNDANCY AVOIDANCE.-Nothing in this subsection shall be construed to require the Commission, in order to meet a requirement of this subsection, to duplicate an activity that the Commission is undertaking as of the date of enactment of this Act, if-"(A) the Commission refers to the activity in the rules issued under paragraph (1);"(B) the activity meets the requirements of this subsection; and"(C) the Commission discloses the activity to the public."(4) AVAILABILITY OF DATA.-"(A) PUBLIC AVAILABILITY.-The Commission shall make data relating to broadband internet access service collected under the rules issued under paragraph (1) available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information or proprietary information, consistent with section 0.459 of title 47, Code of Federal Regulations (or any successor regulation)."(B) DETERMINATION OF PERSONALLY IDENTIFIABLE INFORMATION.-The Commission-"(i) shall define the term 'personally identifiable information', for purposes of subparagraph (A) through notice and comment rulemaking; and"(ii) may not make any data available to the public under subparagraph (A) before completing the rulemaking under clause (i) of this subparagraph."[For definition of "broadband internet access service" as used in section 60502(c) of Pub. L. 117-58 set out above, see section 1751 of this title.]
GUIDANCE Pub. L. 117-58, div. F, title V, §60502(d), Nov. 15, 2021, 135 Stat. 1243, provided that: "The [Federal Communications] Commission may issue such guidance, forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section [amending this section and enacting provisions set out as notes under this section] and the amendments made by this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner."
COORDINATION Pub. L. 117-58, div. F, title V, §60502(e), Nov. 15, 2021, 135 Stat. 1243, provided that: "The Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services shall-"(1) not later than 60 days after the date of enactment of this Act [Nov. 15, 2021], enter into a memorandum of understanding with the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) [47 U.S.C. 1752], as amended by this section; and"(2) not later than 90 days after the date of enactment of this Act, begin to share data under the memorandum of understanding described in paragraph (1) for the purposes described in that paragraph."