§ 54.1810 Consumer protection requirements. ( a ) *Disclosures and consents for enrollment.* Prior to enrolling a consumer in the Affordable Connectivity Program, participating providers shall obtain affirmative consumer consent either orally or in writing that acknowledges that after having reviewed the required disclosures about the Affordable Connectivity Program, the household consents to enroll with the provider. ( 1 ) The disclosures that shall be presented to the consumer shall convey in clear, easily understood terms that: ( i ) The Affordable Connectivity Program is a government program that reduces the customer's broadband internet access service bill;
( ii ) The household may obtain Affordable Connectivity Program-supported broadband service from any participating provider of its choosing;
( iii ) The household may apply the affordable connectivity benefit to any broadband service offering of the participating provider at the same terms available to households that are not eligible for Affordable Connectivity Program-supported service;
( iv ) The provider may disconnect the household's Affordable Connectivity Program-supported service after 90 consecutive days of non-payment;
( v ) The household will be subject to the provider's undiscounted rates and general terms and conditions if the Affordable Connectivity Program ends, if the consumer transfers their benefit to another provider but continues to receive service from the current provider, or upon de-enrollment from the Affordable Connectivity Program; and
( vi ) The household may file a complaint against its provider via the Commission's Consumer Complaint Center.
( 2 ) If standard disclosure and consent language has been provided by the Commission, providers shall present that language to consumers prior to enrollment.
( 3 ) A participating provider shall not link enrollment in the Affordable Connectivity Program to some other action or information supplied to the provider for purposes other than the Affordable Connectivity Program, including but not limited to: ( i ) Not clearly distinguishing the process of signing up for ACP-supported services and devices from the process of signing up for, renewing, upgrading, or modifying other services, including Lifeline-supported services;
( ii ) Suggesting or implying that signing up for ACP-supported services and devices is required for obtaining or continuing other services, including Lifeline-supported services; and
( iii ) Tying the submission of customer information provided for another purpose (*e.g.,* address verification or equipment upgrade or replacement) to enrollment in the Affordable Connectivity Program.
( b ) *Transfers in the Affordable Connectivity Program.* Participating providers shall comply with the following requirements for transferring an eligible household's affordable connectivity program benefit between providers. ( 1 ) *Disclosures and subscriber consent.* ( i ) Prior to transferring an eligible household's affordable connectivity program benefit, the provider transferring in the household shall obtain the household's affirmative consent either orally or in writing that acknowledges that after having reviewed the required disclosures, the household consents to transfer its benefit to the transfer-in provider.
( ii ) The oral or written disclosures shall be provided in clear, easily understood language and convey the following information: ( A ) That the subscriber will be transferring its affordable connectivity program benefit to the transfer-in provider;
( B ) That the effect of the transfer is that the subscriber's affordable connectivity program benefit will be applied to the transfer-in provider's service and will no longer be applied to service retained from the transfer-out provider;
( C ) That the subscriber may be subject to the transfer-out provider's undiscounted rates as a result of the transfer if the subscriber elects to maintain service from the transfer-out provider; and
( D ) That the subscriber is limited to one affordable connectivity program benefit transfer transaction per service month, with limited exceptions for situations where the subscriber seeks to reverse an unwanted transfer or is unable to receive service from a specific provider.
( iii ) The household's oral or written consent shall: ( A ) Clearly identify the subscriber name;
( B ) Acknowledge the subscriber was provided the disclosure language required under paragraph (b)(1)(ii) of this section;
( C ) Indicate that having received the required disclosures, the subscriber gave its informed consent to transfer its benefit to the transfer-in provider; and
( D ) Indicate the date of the subscriber's consent.
( iv ) Participating providers shall use any standard consent and disclosure language provided by the Commission.
( v ) Participating providers shall satisfy the disclosure and consent requirements for each transfer transaction.
( 2 ) *Notification to subscribers.* Within five business days of completing a subscriber transfer in the National Lifeline Accountability Database, the transfer-in provider shall provide written notice to the transferred subscriber that indicates the following: ( i ) The name of the transfer-in provider to which the subscriber's affordable connectivity program benefit was transferred;
( ii ) The date the transfer was initiated; and
( iii ) An explanation of the dispute process if the subscriber believes the transfer was improper.
( 3 ) *Limitation on transfers per month.* Participating subscribers can only transfer their affordable connectivity benefit between providers once in a given service month, with the following limited exceptions: ( i ) The subscriber's benefit was improperly transferred;
( ii ) The subscriber's service provider ceases operations or fails to provide service;
( iii ) The subscriber's current service provider is found to be in violation of affordable connectivity program rules, and the violation impacts the subscriber for which the exception is sought;
( iv ) The subscriber changes its location to a residential address outside of the provider's service area for the Affordable Connectivity Program.
( c ) *Credit checks.* ( 1 ) A participating provider shall not: ( i ) Consider the results of a credit check as a condition of enrollment in the Affordable Connectivity Program.
( ii ) Consider the results of a credit check to determine to which Affordable Connectivity Program-supported internet service plan a household may apply the affordable connectivity benefit.
( iii ) Use the results of a credit check to decline to transfer a household's Affordable Connectivity Program benefit.
( d ) *Non-payment.* ( 1 ) Bill payment due date means the due date for payment specified on a bill for service charges.
( 2 ) A participating provider shall not terminate an eligible household's service subject to the affordable connectivity benefit on the grounds that the household has failed to pay the charges set forth on a bill for such service unless 90 consecutive days have passed since the bill payment due date.
( e ) *Upselling and downselling* — ( 1 ) *Prohibition of inappropriate upselling and downselling.* A participating provider and its agents shall not exert pressure on an eligible household to induce the purchase of a broadband internet access service or bundled plan that is more costly, less costly, affords different features, provides higher or lower speed or bandwidth, is subject to higher or lower data caps, or is bundled with additional services, equipment, or features, or fewer services, equipment, or features, than the service or plan that the household is already purchasing or has inquired about purchasing through the Affordable Connectivity Program.
( 2 ) *Specific prohibited activities.* Prohibited activities include, but are not limited to: ( i ) Requiring, as a condition of enrolling the household or applying the affordable connectivity benefit, that the household select a service, bundled plan, or equipment, other than the service or bundled plan that the eligible household subscriber is already purchasing or using or has inquired about.
( ii ) Pressuring an eligible household to purchase a service or bundled plan to benefit the provider but not the household.
( 3 ) *Permitted activities.* Provided that they do not exert pressure on existing or prospective eligible household subscribers, participating providers— ( i ) May communicate information regarding tiers of service that afford higher or lower speeds or bandwidth, are available at higher or lower prices, or have features that differ from a service or plan that an eligible household is already purchasing or has inquired about for the Affordable Connectivity Program; and
( ii ) May create or promote service plans that are specially priced or designed to meet the needs of eligible households.
( f ) *Extended service contracts and early termination fees* — ( 1 ) *Definitions.* ( i ) An extended service contract is typically an offer of service at a discount price in exchange for a commitment from the subscriber to remain on that service plan for a set period of time, usually at least a year.
( ii ) Early termination fees are fees that a subscriber is obligated to pay if it purchases a service plan subject to an extended service contract but terminates service before the end of the specified term of the contract.
( 2 ) *Extended service contracts.* An eligible household may elect to purchase and apply the affordable connectivity benefit to a participating provider's service plan subject to an extended service contract.
( 3 ) *Early termination fees.* Notwithstanding the provisions that apply to subscribers to extended service contracts who are not eligible households, an eligible household shall not be liable for early termination fees if it purchases and applies its affordable connectivity benefit to a service plan subject to an extended service contract but terminates service before the end of the specified term of the contract.
( g ) *Restrictions on switching service offerings.* A participating provider shall not impose any restrictions on a household's ability to switch internet service offerings, unless, once the consumer enters a delinquent status after the bill due date, the provider limits available service plans to offerings that are covered by the full benefit amount, and the household consents to switch service plans.
( h ) *Restrictions on switching providers.* ( 1 ) A participating provider shall not engage in any practice that is reasonably likely to cause a household to believe it is prohibited or restricted from transferring its benefit to a different participating provider.
( 2 ) A participating provider shall not: ( i ) Misrepresent or fail to accurately disclose to a household the rules and requirements pertaining to transfers to another participating provider in the Affordable Connectivity Program;
( ii ) Charge a household a fee to transfer their benefit to another participating provider; or
( iii ) Suggest or imply that the provider may change the household's service plan if it transfers the benefit to another participating provider.
( i ) *Unjust and unreasonable acts or practices.* ( 1 ) Providers are prohibited from engaging in unjust and unreasonable acts or practices that would undermine the purpose, intent, or integrity of the Affordable Connectivity Program.
( 2 ) Such unjust and unreasonable acts or practices include, but are not limited to: ( i ) Advertising or holding itself out as a participating provider if it is not authorized to participate in the Affordable Connectivity Program;
( ii ) Engaging in false or misleading advertising of the Affordable Connectivity Program;
( iii ) Failing to timely provide service, equipment, or devices that are advertised, promoted, or marketed as part of the Affordable Connectivity Program;
( iv ) Failing to enroll an eligible household as soon as practicable once the provider receives the household's affirmative consent to enroll with that provider;
( v ) Failing to apply the affordable connectivity benefit to such household on or before the start of the household's next billing cycle;
( vi ) Failing to deliver a supported connected device within 30 days of obtaining the household's affirmative consent to receive such device; and
( vii ) Violating any Program rule.
[87 FR 8373, Feb. 14, 2022, as amended at 87 FR 8383, Feb. 14, 2022]