Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 7627 

VIII. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 30, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§ 180.342 [Amended] 

■ 2. Amend § 180.342, by removing the 

introductory text. 

[FR Doc. 2024–02153 Filed 2–2–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–450; DA 24–23; FRS 

200279] 

Affordable Connectivity Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action. 

SUMMARY: In this document, due to a 

lack of additional funding from 

Congress, the Wireline Competition 

Bureau (Bureau) of the Federal 

Communications Commission 

(Commission) issued an Order laying 

out wind-down procedures for the 

Affordable Connectivity Program (ACP), 

important dates, and the impacts on 

consumers and providers. These 

procedures include the process for 

notifying enrolled ACP households 

about the impact of program termination 

on their broadband service and bills and 

the freezing of new enrollments. The 

Bureau also offers guidance to providers 

regarding advertising, awareness, and 

outreach requirements, timing of claims 

submissions, and participation during a 

possible partially funded month of ACP. 

DATES: The wind-down procedures and 

guidance for the Affordable 

Connectivity Program were effective 

beginning January 11, 2024. The 

requirements of 47 CFR 54.1804(b) are 

waived beginning February 8, 2024, and 

will remain in effect for the duration of 

the enrollment freeze. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Nashed, Wireline Competition 

Bureau, at Benjamin.Nashed@fcc.gov or 

202–418–7400 or TTY: 202–418–0484. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Bureau’s Affordable 

Connectivity Program Wind-Down 

Order (Order) in WC Docket No. 21–450; 

DA 24–23, adopted January 11, 2024, 

and released January 11, 2024. The full 

text of this document is available for 

public inspection during regular 

business hours at Commission’s 

headquarters at 45 L Street NE, 

Washington, DC 20554 or at the 

following internet address: https://

docs.fcc.gov/public/attachments/DA-24- 

23A1.pdf. 

I. Introduction 

1. In the Order, and consistent with 

the authority delegated by the 

Commission, the Bureau announces 

requirements and guidance for the 

wind-down of the Affordable 

Connectivity Program (ACP). The 

Bureau currently projects that the last 

month for which the ACP can fully 

reimburse providers for the ACP 

benefits provided to enrolled 

households is April 2024. Should 

Congress not appropriate additional 

money, the existing funds will be 

exhausted, the Commission will have to 

end the ACP, and providers will stop 

providing discounts to enrolled 

households. The Commission 

nonetheless remains dedicated to 

providing ACP households an orderly 

transition out of the program and, more 

importantly, to keeping as many ACP 

households as possible connected to 

broadband service after the end of the 

program. To prepare low-income 

households and broadband providers, as 

well as the organizations that help 

support eligible households’ enrollment, 

and as required by the Commission’s 

delegation to the Bureau in the ACP 

Order (FCC 22–2), 87 FR 8346, February 

14, 2022, the Bureau announces ACP 

wind-down procedures. These 

procedures include the process for 

notifying enrolled ACP households 

about the impact of program termination 

on their broadband service and bills and 

the freezing of new enrollments in the 

program. The Order also offers guidance 

to providers regarding advertising, 

awareness, and outreach requirements; 

the timing of claims submissions; and 

participation during a possible partially 

funded month of ACP. The Bureau also 

encourages providers to help ACP 

households transition to providers’ own 

low-income internet offerings. 

2. Congress provided $14.2 billion in 

funding for the ACP and that funding 

has been drawn down each month as 

providers have claimed reimbursement 

for benefits passed through to 

households. The ACP, which was 

launched two years ago, currently 

delivers discounted internet service to 

more than 22 million low-income 

households, benefiting both rural and 

urban households alike. Despite news of 

the program’s projected end, the ACP 

remains as popular as ever as more 

households continue to enroll in the 

program each month. Moreover, the 

ACP is embraced by subscribers of all 

ages, with nearly half of subscribers 

over the age of 50. 

3. The ACP provides eligible 

households with a monthly discount on 

broadband service of up to $30 per 

month and up to $75 per month for 

households on qualifying Tribal lands. 

Eligible households can also receive a 

one-time discount of up to $100 to 

purchase a laptop, desktop computer, or 

tablet from participating providers, if 

the household contributes more than 

$10 and less than $50 toward the 

purchase price. Should the ACP not 

receive additional funding, the 

Commission will have to end the 

program and enrolled households will 

no longer receive the ACP discount after 

the end of the program. 

II. Discussion 

4. Preparing Consumers for the End of 

the ACP—Timing of Bureau 

Announcement of Last Fully Funded 

Month of Program. The Bureau will 

announce the upcoming end of the ACP 

approximately 60 days prior to the end 

of the last fully funded month of the 

program. Thus, based on current 

projections that the last fully funded 

month of the ACP is April 2024, the 

Bureau anticipates that the 

announcement will occur in late 


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February 2024, but this timing may 

adjust based on activity in the program, 

particularly as a result of the freeze in 

enrollments. This announcement will 

trigger certain required communication 

to households receiving ACP-supported 

service clearly explaining the impact of 

the end of the benefit on their 

broadband bills so that households can 

make an informed choice about the 

broadband service they receive to stay 

connected. However, the Bureau 

requires providers to begin informing 

households about the upcoming end of 

the ACP benefit prior to the 

announcement. 

5. Provider Notices to ACP 

Households Regarding End of Program 

and Continuation of Service. In the ACP 

Order, the Commission found that, as 

with the Emergency Broadband Benefit 

Program (EBB Program), ‘‘requiring 

providers to obtain an affirmative opt-in 

from households before they [could] be 

charged an amount higher than they 

would pay under the full 

reimbursement amount was necessary to 

‘guard against unexpected charges’ ’’ if 

the ACP were to end. The Commission 

also found that ‘‘an affirmative opt-in 

following appropriate consumer notice 

is generally a good measure for avoiding 

consumer bill shock and ensuring the 

household is informed.’’ 

6. Currently, Commission rules 

protect ACP households from bill shock 

in two ways. First, prior to enrolling a 

consumer in the ACP, participating 

providers are required to obtain 

affirmative consumer consent, either 

orally or in writing, that acknowledges 

that, after having reviewed the required 

disclosures about the ACP, the 

household consents to enroll with the 

provider. One of these required 

disclosures is that the household will be 

subject to the provider’s undiscounted 

rates and general terms and conditions 

if the ACP ends. Second, the 

Commission requires providers to 

obtain a household’s opt-in, either 

orally or in writing, to continue 

providing the broadband service to the 

household after the end of the ACP and 

to charge a higher rate than the 

household would pay if it were 

receiving the full discount permitted 

under ACP rules. 

7. Consistent with the direction from 

the Commission to the Bureau to 

establish specific timeframes for 

consumer opt-ins and the appropriate 

consumer notice, the notice 

requirements are intended to ensure that 

enrolled households learn from their 

provider about the impact that the end 

of the ACP will have on the household’s 

broadband bill. The Bureau does not 

prescribe a specific format or wording 

for these consumer notices but, to 

ensure that the notices meaningfully 

inform consumers about the impact of 

the end of the ACP on their broadband 

bills, certain key pieces of information 

must be included in the notices. 

8. Timing and Content of Provider 

Notices. To ensure that ACP households 

have multiple opportunities to receive 

information regarding the end of the 

ACP and alternative broadband service 

plans, including providers’ low-income 

internet programs, and consistent with 

the goal of ensuring ACP households 

remain connected, providers shall send 

at least three notices related to the end 

of the ACP to their ACP households. 

The first required notice shall be sent as 

soon as practicable, but no later than 14 

days after January 11, 2024, the release 

of the Order, and shall generally advise 

ACP households about the possibility of 

program termination and the potential 

impact on their broadband service and 

bills. After the Bureau issues an 

announcement of the end of the last 

fully funded month of the ACP, 

providers shall send the second and 

third required notices to their ACP 

households notifying those households 

about the end of the program. The 

second required notice shall be sent as 

soon as practicable, but no later than 15 

days after the last fully funded month of 

the ACP is announced by the Bureau. 

The third required notice shall coincide 

with the last bill or billing cycle in 

which the full ACP benefit is applied. 

The second and third required notices 

shall indicate that the ACP is ending 

and shall include (1) the date of the last 

bill on which the full ACP benefit will 

be applied and (2) the amount that the 

household will be billed for the service 

once the full ACP benefit is no longer 

available and/or that the household will 

be subject to the provider’s 

undiscounted rates and general terms 

and conditions after the end of the ACP. 

The second and third notices shall also 

remind ACP households of their ability 

to change their service and/or to opt out 

of continuing their service at the end of 

the ACP. Providers are strongly 

encouraged to include in these notices 

information on their lower cost offerings 

and low-income programs or a phone 

number or link to a website where ACP 

households may obtain such 

information. Providers are not limited to 

sending only three notices to their ACP 

households and are encouraged to 

correspond more frequently with their 

ACP households should the provider 

believe that such additional outreach is 

necessary or beneficial. 

9. Delivery of Provider Notices. The 

required provider notices shall be sent 

to ACP households in writing, in a 

manner that is accessible to persons 

with disabilities. The Bureau does not 

prescribe a specific format or wording 

for these consumer notices. However, 

the Bureau encourages providers to send 

these notices in a format (e.g., email, 

text message, or paper mail) that is 

consistent with any consumer expressed 

preferences for receiving notices and 

other communications and using the 

same email, phone number, or mailing 

address to which bills or other monthly 

communications are sent. Providers are 

also encouraged to offer these notices in 

households’ preferred language. 

10. Announcements and Notices from 

the Commission and USAC. Like 

providers, the Commission and 

Universal Service Administrative 

Company (USAC) have a responsibility 

to help enrolled households become 

aware of the impact of the end of the 

ACP. To that end, the Bureau has been 

coordinating with the Consumer and 

Governmental Affairs Bureau (CGB) to 

identify necessary changes to consumerfacing Commission websites and 

materials to effectively communicate 

end-of-program information upon 

announcement of wind-down 

procedures and the end of the ACP. 

USAC, at the Bureau’s direction, has 

also been preparing updates to USAC 

websites and materials, including 

Getinternet.gov, as needed. USAC also 

played a critical role in communicating 

program information directly to enrolled 

households in the past, such as during 

the transition from the EBB Program to 

ACP in early 2022. Accordingly, the 

Bureau and USAC have prepared and 

are ready to implement a 

communications plan for notifying 

enrolled households directly of the end 

of ACP, including multiple notices from 

USAC to ACP households. 

11. Subscriber Opt-In. As with the 

transition from the EBB Program to the 

ACP, the Commission’s approach to 

subscriber opt-in balances the goals of 

ensuring households can continue 

accessing the broadband service they 

need for work, school, healthcare, and 

more and of minimizing potential bill 

shock. Consistent with the requirement 

of affirmative opt-in in the ACP Order, 

the elements for establishing a 

household’s affirmative opt-in to 

continuing to receive broadband service 

after the end of the ACP. 

12. For purposes of the unique 

circumstances of the wind-down of the 

ACP and pursuant to the ACP Order, the 

Bureau finds that there are two elements 

to establishing that a household has 

affirmatively opted-in to continue 

receiving broadband service after the 

end of the ACP. The first element is 

established by the household’s 


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acknowledgment of having reviewed the 

required disclosures, which include a 

statement that the household will be 

subject to the provider’s undiscounted 

rates and general terms and conditions 

if the program ends, when enrolling in 

the EBB Program or the ACP. The 

second element is establishing the 

household’s willingness and ability to 

pay for broadband service. Households 

are considered to have demonstrated a 

willingness and ability to pay for 

broadband after the end of the ACP if 

they (1) have informed their provider, 

either orally or in writing, that the 

provider may continue providing 

broadband service to the household 

after the end of the ACP and to charge 

a higher rate than the household would 

pay if it were receiving the full discount 

permitted under ACP rules; (2) were 

existing paying internet service 

customers with their current broadband 

provider at the time the household 

enrolled in the EBB Program or the ACP; 

or (3) currently pay a fee for their ACPsupported broadband service. 

13. This approach for households that 

have demonstrated a willingness and 

ability to pay (i.e., that (1) already 

informed the provider they would 

continue at a higher rate; (2) were 

existing paying customers with the 

current provider before the EBB 

Program or the ACP; or (3) currently pay 

a fee for their ACP-supported service) is 

consistent with the approach to 

affirmative opt-in that the Commission 

took in the ACP Order when 

transitioning households from the EBB 

Program’s $50 non-Tribal monthly 

benefit to the ACP’s smaller $30 nonTribal monthly benefit. The EBB 

Program Order (FCC 21–29), 86 FR 

19532, April 13, 2021, had required 

providers to ‘‘obtain an affirmative optin from households . . . before they can 

be charged an amount higher than they 

would pay under the full EBB Program 

reimbursement amount.’’ However, the 

ACP Order deemed affirmative opt-in to 

include ‘‘EBB households that (1) were 

existing paying internet service 

customers with the broadband provider 

when the household enrolled in the EBB 

Program with that provider; (2) 

previously consented to the provider’s 

general terms and conditions if they 

continued to receive service at the end 

of the EBB Program; or (3) currently pay 

a fee for their supported internet 

service.’’ As the ACP Order explained, 

‘‘[t]his category of households has 

demonstrated to their current provider a 

willingness and ability to pay for 

internet service; therefore, the Bureau 

finds that there is little risk of 

unexpected financial harm even if their 

bill may potentially increase up to $20.’’ 

Interpreting the entirety of the ACP 

Order, the Commission’s statements 

express a preference for a flexible 

approach to affirmative opt-in and 

provides the Bureau with flexibility in 

implementing it. 

14. In addition, this approach reduces 

the risk of subjecting a large percentage 

of ACP households to service disruption 

and avoids increasing administrative 

burdens on service providers and 

households. The Bureau believes this 

approach will help guard against 

unintended disconnections from 

broadband service for households that 

have demonstrated a willingness to pay 

for broadband without the ACP benefit, 

reduce consumer confusion and 

frustration, and mitigate bill shock. In 

light of their demonstrated willingness 

and ability to pay for broadband service 

and the required provider notifications 

to ACP households regarding the end of 

the program—which must inform 

households of their ability to change 

their service and/or to opt out of 

continuing service at the end of the 

ACP, the risk of unexpected financial 

harm for these households is low as 

compared to the risk of harm to these 

households due to disconnection for 

failure to opt-in to receive undiscounted 

service. For example, requiring a 

household that was paying for nondiscounted broadband service prior to 

enrollment in the ACP to submit 

additional consent to retain that 

broadband service with the provider 

after the end of the ACP could result in 

a disconnection of broadband service 

should the household fail to timely 

consent. The unwanted loss of 

broadband service could not only lead 

to consumer confusion for such 

households, but could deprive those 

households of the broadband 

connections they were relying on for 

needs related to work, school, 

healthcare, and connections with 

governmental services. Losing such 

access could, in turn, result in loss of 

access to those services and 

employment, as the household spends 

the time to restore service. 

15. Consistent with the ACP Order’s 

requirement of affirmative opt-in, 

providers must collect an opt-in from 

households that have not established 

affirmative opt-in as prior to charging 

them a higher rate for that broadband 

service than the household was paying 

when the ACP benefit was applied. For 

these households, there may be a 

stronger risk of potential bill shock were 

they to receive a bill for undiscounted 

broadband service. This opt-in for this 

category of ACP households is 

warranted to ensure ACP households 

are adequately informed about their 

options and to protect households from 

bill shock. The opt-in must be collected 

either orally or in writing and providers 

may seek such opt-in from households 

at any time before increasing the 

household’s bill due to the end of the 

ACP, including before the Bureau 

announces the end of the last fully 

funded month of the program. 

16. Ensuring ACP Households Remain 

Connected. The ACP has made 

tremendous progress in bridging the 

digital divide by helping millions of 

low-income households for whom the 

cost of internet service has been a 

barrier to get or stay online. That 

progress would not be possible without 

the many participating providers 

serving ACP households. Unfortunately, 

losing the ACP benefit puts these ACP 

households at risk of losing their 

internet service altogether. Nevertheless, 

the Bureau is confident that 

participating providers will also play a 

crucial role in fulfilling an important 

goal of the wind-down procedures laid 

out in the Order: ensuring that ACP 

households remain connected at the end 

of the program. Some participating 

providers currently make low-income 

internet programs available to their 

households that can play a critical role 

in keeping ACP households connected. 

Consistent with this goal of ensuring 

that ACP households remain connected 

even after the end of the ACP, providers 

who already offer low-income internet 

programs are encouraged to help 

interested ACP households not already 

participating in these programs to 

transition to these programs, and 

providers that do not currently offer 

low-income internet programs are 

encouraged to develop such programs. 

17. Enrollment Freeze and Its Impact 

on ACP Outreach—Enrollment Freeze. 

The Bureau will freeze new enrollments 

into the ACP beginning on February 8, 

2024. Accordingly, enrollments into the 

ACP will be permitted until February 7, 

2024, at 11:59 p.m. EST. The Bureau 

finds that this freeze will help to more 

accurately project funding exhaustion 

by increasing certainty in program 

commitments. For example, an 

enrollment freeze mitigates the risk that 

a spike in enrollments or device claims 

could hasten depletion of remaining 

ACP funds, preventing the Commission 

from fully funding benefits through 

April 2024 as currently projected. If 

funding were to run out earlier than 

projected, then low-income households 

enrolled in the ACP might lose their 

benefits earlier than anticipated, and 

before being given adequate time to 

learn of the program’s end and make 

alternative arrangements for broadband 


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service without the ACP discount. The 

Bureau finds that freezing enrollments 

will help reduce the risk of the last fully 

funded month shifting earlier, thus 

permitting providers and USAC 

adequate time to notify consumers about 

the impact on their broadband bills and 

services should the ACP not receive 

more funding. Moreover, to more 

smoothly administer the end of the 

program, providers and households 

must have confidence that the ACP can 

support ACP benefits through the 

forecasted end date. 

18. At the Bureau’s direction, USAC 

has developed and is ready to 

implement procedures for this freeze on 

new enrollments, including changes 

necessary to the National Lifeline 

Accountability Database (NLAD) and 

provider processes, and to publish 

information on its websites announcing 

the upcoming freeze in new 

enrollments. Any existing ACP 

eligibility determinations and 

enrollments must be completed by the 

time enrollments are to be frozen, and 

no future eligibility determinations or 

enrollments will be made by USAC or 

providers unless directed by the Bureau. 

The Bureau further directs USAC to 

remove paper applications and links to 

the National Verifier ACP application 

on its websites at the time of the 

enrollment freeze. The Bureau 

recognizes that the freeze in enrollments 

will require service providers to adjust 

their own processes, including those 

relating to customer support and 

onboarding new ACP households. To 

ease provider administration of the 

wind-down of ACP, the Bureau does not 

require providers to perform transfer-in 

transactions for enrolled ACP 

households seeking to transfer their 

benefit, and instead allows providers to 

choose whether to accept transfers after 

the ACP enrollment freeze. For those 

that wish to continue to accept new 

ACP households via benefit transfers 

when enrollments into the program are 

frozen, the Bureau reminds those 

providers that they must continue to 

comply with the transfer notice and 

consent requirements in the 

Commission rules, as well as any 

transfer processes implemented by 

USAC. 

19. With the anticipated freeze in 

enrollments, the Bureau also plans to 

pause certain activities related to 

advertising, awareness, and outreach. 

These activities were included when the 

ACP was first established because the 

Commission recognized that, for the 

program to achieve its full potential and 

reach as many eligible households as 

possible, households likely to be eligible 

must be clearly informed of the 

program’s existence and key program 

information and that the Commission, 

USAC, participating providers, and 

other stakeholders and partners play an 

important role in disseminating 

information about the ACP to enrolled 

households and households likely to be 

eligible. Accordingly, the Commission 

adopted certain advertising and 

awareness requirements consistent with 

the Infrastructure Act and implemented 

certain statutorily authorized outreach 

tools. These activities that promote 

awareness of and facilitate enrollment 

in the ACP must also stop concurrently 

with the anticipated enrollment freeze, 

so as to avoid consumer confusion. 

20. Advertising, Notification Upon 

Subscription or Renewal, and Public 

Awareness Requirements. The ACP 

rules include several requirements to 

ensure that consumers receive 

meaningful notice of the existence of the 

ACP. Commission rules require 

providers to publicize the availability of 

the ACP in a manner reasonably 

designed to reach those consumers 

likely to qualify for the program and in 

a manner that is accessible to 

individuals with disabilities. In 

addition, consistent with the statutory 

requirements laid out in the 

Infrastructure Act, the ACP rules 

include a requirement that participating 

providers must notify in writing or 

orally, in a manner that is accessible to 

individuals with disabilities, all 

consumers who either subscribe to or 

renew a subscription to an internet 

service offering about the ACP and how 

to enroll, along with requirements 

governing the timing and frequency of 

the required notices. Also consistent 

with the statutory requirements laid out 

in the Infrastructure Act, the ACP rules 

include a requirement that participating 

service providers carry out public 

awareness campaigns in their ACP areas 

of service that highlight the value and 

benefits of broadband internet access 

service and the existence of the ACP in 

collaboration with state agencies, public 

interest groups, and non-profit 

organizations. 

21. As a general matter, ‘‘an agency 

must adhere to its own rules and 

regulations.’’ Although strict application 

of a rule may be justified ‘‘to preserve 

incentives for compliance and to realize 

the benefits of easy administration that 

the rule was designed to achieve,’’ the 

Commission’s rules may be waived for 

‘‘good cause shown.’’ The Commission 

may exercise its discretion to waive a 

rule where special circumstances 

warrant a deviation from the general 

rule, and such deviation will serve the 

public interest. The Commission may 

take into account considerations of 

hardship, equity, or more effective 

implementation of overall policy on an 

individual basis. The Bureau, under 

delegated authority, may act on requests 

for waiver of rules. 

22. While the advertising and 

promotion requirements have played a 

valuable part in educating the public 

about the ACP, continuing to require 

providers to disseminate information 

about the ACP after the program ceases 

to accept new enrollments in excess of 

statutory requirements would cause 

consumer confusion and thus be 

contrary to the public interest. 

Accordingly, the Bureau waives the 

requirements of § 54.1804(b) of the 

Commission’s rules effective February 8, 

2024, concurrent with the start of the 

enrollment freeze, and this waiver will 

remain in effect for the duration of the 

enrollment freeze. While the Bureau is 

unable to waive the underlying statutory 

requirements set forth in § 54.1804(c) 

and (d) of the Commission’s rules 

because they are contained in the 

statute, the Bureau advises that 

conducting campaigns informing 

consumers about the end of the ACP 

will be considered to be in compliance 

with those statutory requirements 

during the enrollment freeze. 

23. ACP Outreach Grant and Pilot 

Programs. The Commission established 

the Affordable Connectivity Outreach 

Grant and ACP Pilot Programs to 

increase the awareness of and encourage 

participation in the ACP among eligible 

households. Under the Affordable 

Connectivity Outreach Grant Program, 

over 200 governmental and nongovernmental entities are receiving 

grant funding to promote awareness of 

the ACP. The 23 participants in the 

Your Home, Your internet Pilot 

Program, and the 11 participants in the 

ACP Navigator Pilot Program are 

connecting with eligible households in 

their communities to promote the ACP 

and help provide application assistance. 

Congress authorized the Commission to 

‘‘conduct outreach efforts to encourage 

households to enroll in the Affordable 

Connectivity Program’’ including 

providing grants to outreach partners in 

order to carry this out. The Commission, 

in adopting rules for the Affordable 

Connectivity Outreach Grant Program, 

stated ‘‘[e]ntities that receive grant 

awards may continue to use their grant 

funds for outreach until enrollments 

cease.’’ The Commission recognized 

that, should enrollments stop during the 

wind-down of the ACP, continuing 

outreach efforts could undermine the 

objectives of the grant programs and 

create consumer confusion. 

Additionally, it would not be fiscally 

responsible to continue grant-funded 


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enrollment efforts after an enrollment 

freeze. Therefore, consistent with the 

direction in the Commission’s order 

establishing the Affordable Connectivity 

Outreach Grant Program, which 

includes grant funding for the ACP 

Pilots Programs, the Bureau and CGB 

will coordinate on communications and 

instructions to grant recipients and pilot 

participants on the need to cease grantfunded outreach work and other pilotrelated activities that focus on 

enrollment activities as a result of the 

enrollment freeze. 

24. Claims Process—Expedited Claims 

Submission Timeline. In the ACP Order, 

the Commission delegated to the Bureau 

the authority to develop procedures 

regarding how the remaining funds will 

be distributed in the final month of the 

ACP, any timing considerations related 

to the reimbursement process, and other 

procedures necessary to smoothly wind 

down the program. Pursuant to this 

authority, the Bureau adopts the 

following modifications to the existing 

reimbursement process to require 

providers to submit new claims by the 

1st of the second month after the 

snapshot date. The Bureau finds these 

modifications are necessary to help 

ensure that USAC has a timely 

accounting of finalized provider claims 

to inform the forecast of remaining 

program funds and for the smooth 

administration of end-of-program 

procedures. Moreover, requiring 

providers to submit their claims on a 

shorter timeline will help track limited 

funding as it gives the Commission and 

USAC certainty of the amount the 

providers seek to claim for each service 

month. 

25. Beginning with the February 1, 

2024, snapshot, the Bureau requires 

participating providers to submit to 

USAC their reimbursement claims for 

service for households captured on the 

snapshot report by no later than the 1st 

of the second month after the snapshot 

date, or the following business day in 

the event that the 1st falls on a weekend 

or holiday. For example, all claims and 

upward revisions for the February 1 

uniform snapshot date and for claims 

and upward revisions for preceding 

months must be submitted no later than 

April 1, 2024. Thereafter, all claims 

must be submitted no later than the 1st 

of the second month after the snapshot 

date, or the following business day in 

the event that the 1st falls on a weekend 

or holiday. Reimbursement claims 

submitted after the deadline will not be 

processed. While downward revisions 

will continue to be accepted, providers 

should make every effort to ensure that 

their reimbursement claims are 

complete and accurate, particularly as 

the ACP enters the wind-down phase. 

To facilitate the efficient wind-down of 

the ACP, the Bureau strongly 

encourages providers to submit any 

remaining outstanding claims for 

reimbursement or revisions prior to 

February 1, 2024. Should the ACP 

receive additional funding, the Bureau 

will re-evaluate the need to continue to 

require providers to submit claims on 

this new timeline. 

26. Partial Reimbursement. In the 

event that reimbursement claims in the 

final month of the ACP exceed the 

amount of remaining funds, 

reimbursements for benefits passed 

through to households will be paid out 

to providers on a reduced, pro-rata 

basis. For example, if based on the 

forecast of the depletion of funding, the 

remaining balance in the Affordable 

Connectivity Fund (Fund) is sufficient 

to pay out 80% of each reimbursement 

claim submitted in the final month, the 

Fund will pay out 80% of each claim on 

a pro-rata basis, thus depleting the 

Fund. Similarly, if the Fund is only 

sufficient to pay 40% of each 

reimbursement claim in the final month, 

the Fund will pay out 40% of each 

claim on a pro-rata basis. The Bureau 

recognizes that the ACP Order 

contained language that suggested that 

providers would ‘‘in no circumstances’’ 

receive less than 50%’’ of the providers’ 

claim for the final month. However, the 

ACP Order also recognizes that the Fund 

might not support a 50% pro-rata 

payout in the final month on claims 

submitted and directs staff in this event 

to determine how best to use the 

remaining funds consistent with the 

law. Interpreting the entirety of the 

relevant paragraph, along with the fact 

that the Fund is limited, the 

Commission’s statement expresses a 

preference for a pro-rata reimbursement 

scheme and also provides the Bureau 

with flexibility in implementing it if the 

Fund will not support a 50% pro-rata 

reimbursement rate in the final month. 

The Bureau intends, absent unforeseen 

circumstances, to direct USAC to 

provide notice to participating providers 

of whether providers will receive partial 

payment and the projected pro-rata 

share of such partial payments for that 

month as soon as practicable. 

27. The Bureau understands that 

providers desire certainty as to whether 

there will be funding to allow for a 

partial month payment for benefits 

passed through to ACP households and 

as to the amount that the fund can 

reimburse providers for that benefit 

applied to ACP households’ bills. 

Without this certainty, providers may 

end up passing through a benefit to 

households for which they may not 

receive full reimbursement if the ACP 

cannot fund that reimbursement at the 

very end of the program. The Bureau 

also recognizes the financial hardship 

that receiving a partial reimbursement 

may place not only on providers, but 

also on existing households, who may 

receive an unanticipated bill to cover 

the difference between the full ACP 

discount the household was expecting 

and the partial benefit that was applied. 

Therefore, to assist providers in winding 

down their own participation in the 

program, the Bureau allows ACP 

participating providers to choose 

whether to forego providing ACP service 

and receiving partial payment for 

discounts passed through to ACP 

households after the last fully funded 

month. At the time of the 

announcement of the end of the last 

fully funded month of the ACP, the 

Bureau will provide guidance to 

providers that wish to receive 

reimbursement for discounts provided 

to ACP households beyond that last 

fully funded month concerning how to 

notify USAC of their intention to do so. 

Providers that choose to forgo receiving 

partial reimbursement for the final 

month will not be required to pass 

through any benefits to ACP households 

after the announced last fully funded 

month. Providers that forgo 

reimbursement after the last announced 

fully funded month will not be expected 

to comply with voluntary withdrawal 

requirements set forth in § 54.1801(e) of 

the Commission’s rules. 

28. Provider Applications and ACP 

High-Cost Area Benefit Eligibility— 

Provider Application and Approval. The 

Bureau finds that it would be 

administratively inefficient and 

confusing to consumers to approve new 

provider applications for the ACP when 

enrollments have been frozen. 

Processing new provider applications, 

approvals, and election notices risks 

confusing ACP households by creating a 

false expectation that, by subscribing 

with a newly approved provider, the 

household would be able to enroll or 

transfer to that provider to receive the 

ACP benefit during the enrollment 

freeze. Accordingly, the Bureau and 

USAC will stop reviewing new provider 

applications and election notices, as 

well as new applications for alternative 

verification processes, on February 7, 

2024, at 6 p.m. EST, concurrent with the 

final day that enrollments will be 

permitted in the program. While 

application and election notice reviews 

are frozen, providers, however, must 

continue to update contact, device, or 

other participation information to USAC 


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7632 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

in accordance with the Commission’s 

rules. 

29. High-Cost Area Benefit Provider 

Applications. As required by the 

Infrastructure Act, the Bureau 

established a mechanism for providers 

to offer a benefit to eligible households 

in certain areas designated as ‘‘highcost’’ by the National 

Telecommunications and Information 

Administration (NTIA). In keeping with 

those requirements, around the same 

time NTIA designated such high-cost 

areas, on November 1, 2023, the Bureau 

announced that USAC will begin 

accepting applications from providers 

seeking to qualify to offer the high-cost 

area ACP benefit on January 17, 2024. 

Due to the depletion of funding and 

upcoming enrollment freeze, USAC will 

not accept provider applications to offer 

the high-cost area benefit. The Bureau 

finds that processing high-cost area 

benefit applications and releasing 

educational and training materials 

related to the high-cost area benefit 

during the enrollment freeze would 

cause confusion among current and 

potential ACP households. Approving 

ACP high-cost area benefit applications, 

publishing information, and moving 

ahead with implementing the enhanced 

benefit while new households and 

providers cannot enter the program 

could cause confusion among 

subscribers about the future status of the 

program and the availability of the 

enhanced benefit for new subscribers or 

providers. Furthermore, changing the 

amount of the discount received by ACP 

households enrolled with a provider 

approved to offer the ACP high-cost area 

benefit, from $30 to $75, may cause 

increased consumer confusion with 

regard to the availability of program 

funding. The Bureau will re-evaluate the 

status of the ACP high-cost area benefit 

provider applications if the ACP 

receives additional funding. 

30. Ongoing Program Integrity 

Obligations. The Commission is 

committed to ensuring the integrity of 

the ACP and addressing potential noncompliance using the full range of the 

Commission’s authority and available 

tools, including audit and investigatory 

procedures and in cooperation with the 

FCC Office of Inspector General and law 

enforcement agencies. This commitment 

will continue during the ACP winddown phase. The Bureau reminds 

participating service providers of their 

obligation to use robust policies and 

procedures for ensuring compliance 

with the Commission’s rules—including 

the requirements set forth in the Order 

concerning consumer notices, opt-ins, 

and other aspects of wind-down—and 

de-enrolling households as appropriate. 

Even during a wind-down period, the 

Commission will use the full range of its 

authority and available tools to address 

non-compliance with the ACP rules, 

and providers are reminded of their 

obligation to comply with USAC and 

Commission requests. Providers are also 

reminded of their document retention 

requirements under the ACP 

programmatic rules, which will extend 

after the end of the ACP. Similarly, the 

Commission and USAC will retain 

records from the ACP under applicable 

National Archives and Records 

Administration schedules and 

directives—after which, the 

Commission will appropriately dispose 

of such records and rescind the 

applicable System of Records Notice 

under the Privacy Act of 1974. 

III. Procedural Matters 

31. Paperwork Reduction Act 

Analysis. This document does not 

contain new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

32. The Bureau finds that notice and 

comment procedures are not required 

here under the Administrative 

Procedure Act, 5 U.S.C. 551 et seq. The 

Bureau notes that section 904(h) of the 

Consolidated Appropriations Act of 

2021, which established the Emergency 

Broadband Benefit Program, the 

predecessor to the ACP, included an 

exemption from APA rulemaking 

requirements. See Consolidated 

Appropriations Act, div. N, tit. IX, 

section 904(h)(1), codified at 47 U.S.C. 

1752(h)(1). In addition, certain of the 

rules being adopted here are procedural 

rules that are exempt from the notice 

and comment requirements. 

Administrative Procedure Act, 5 U.S.C. 

553(b)(A). To the extent the rules 

adopted here are substantive rules not 

otherwise exempt from the APA 

rulemaking requirements, the Bureau 

finds good cause to forego notice and 

comment because it would be 

impracticable and contrary to the public 

interest. See id. at Administrative 

Procedure Act, 5 U.S.C. 553(b)(B). Given 

the short period of time between now 

and the projected depletion of ACP 

funding, undertaking notice and 

comment would not permit the Bureau 

to adopt rules with enough time for 

providers and USAC to prepare for 

wind-down and give adequate notice to 

ACP households about the end of the 

program. This could lead to substantial 

consumer confusion and result in 

unwanted disruptions to service for 

ACP households that could deprive 

households of the broadband 

connections they need for work, school, 

healthcare, and more and potentially 

resulting in significant adverse impacts 

on employment, education, and access 

to healthcare for millions of low-income 

consumers. The Bureau also notes that 

the Order was effective January 11, 

2024, pursuant to the exemption in 47 

U.S.C. 1752(h)(1), and also finds good 

cause for doing so for all the reasons 

stated. 

33. Accordingly, it is ordered, 

pursuant to the authority contained in 

§§ 0.91, 0.291, and 1.3 of the 

Commission’s rules, 47 CFR 0.91, 0.291, 

and 1.3, that 47 CFR 54.1804(b) of the 

Commission’s rules is waived effective 

February 8, 2024, to the extent 

described herein. 

34. Accordingly, it is ordered, 

pursuant to pursuant to the authority 

contained in in section 904 of division 

N, title IX of the Consolidated 

Appropriations Act, 2021, Public Law 

116–260, 134 Stat. 1182 as amended by 

Infrastructure Investment and Jobs Act, 

Public Law 117–58, 135 Stat. 429 

(2021), 5 U.S.C. 551 et seq., and §§ 0.91, 

0.291, and 1.3 of the Commission’s 

rules, 47 CFR 0.91, 0.291, and 1.3, 

section 303(r) of the Communications 

Act, as amended, 47 U.S.C. 303(r), and 

§§ 0.91 and 0.291 of the Commission’s 

rules, 47 CFR 0.91 and 0.291, that the 

Order is adopted. 

35. It is further ordered, that pursuant 

to § 1.102(b)(1) of the Commission’s 

rules, 47 CFR 1.102(b)(1), the Order 

shall be effective January 11, 2024. 

Federal Communications Commission 

Trent Harkrader, 

Chief. 

[FR Doc. 2024–02093 Filed 2–2–24; 8:45 am] 

BILLING CODE 6712–01–P 


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