8346 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 21–450 and 20–445; FCC 

22–2; FR ID 71008] 

Affordable Connectivity Program; 

Emergency Broadband Benefit 

Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order, the 

Federal Communications Commission 

(Commission or FCC) adopts final rules 

for the Affordable Connectivity 

Program, established by Congress in the 

Infrastructure Investment and Jobs Act 

(Infrastructure Act). The Affordable 

Connectivity Program is designed to 

make broadband service and connected 

devices available to eligible low-income 

households at affordable, discounted 

prices from providers that opt to 

participate in the program. The rules 

adopted in the Report and Order 

address, inter alia, the eligibility criteria 

for broadband service providers that opt 

to participate in the program, eligibility 

criteria for households that seek 

benefits, the types of broadband services 

and connected devices that will be 

covered, the amounts of reimbursements 

available to providers, claims 

procedures, consumer protection 

requirements, and reporting, auditing, 

enforcement, and related matters. 

DATES: Effective March 16, 2022, except 

for 47 CFR 54.1802(b), 54.1804, 

54.1807(b), 54.1808(c)(1) and (2), 

54.1809(c), and 54.1810(a) and (b), 

which are effective April 15, 2022. 

ADDRESSES: You may submit comments, 

identified by WC Docket Nos. 21–450, 

by any of the following methods: 

• Electronic Filers: You may file 

documents electronically by accessing 

the Commission’s Electronic Comment 

Filing System (ECFS) at https://

www.fcc.gov/ecfs/filings. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020), 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

• Parties that need to submit 

confidential filings to the Commission 

should follow the instructions provided 

in the Commission’s March 31, 2020 

public notice regarding the procedures 

for submission of confidential materials. 

See FCC Provides Further Instructions 

Regarding Submission of Confidential 

Materials, Public Notice, DA 20–361, 35 

FCC Rcd 2973 (OMD, March 31, 2000), 

https://docs.fcc.gov/public/ 

attachments/DA-20-361A1_Rcd.pdf. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

People with Disabilities. 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 and Governmental Affairs 

Bureau at 202–418–0530. 

FOR FURTHER INFORMATION CONTACT: Eric 

Wu, Attorney Advisor, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

at (202) 418–7400 or eric.wu@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order in WC Docket Nos. 21–450 

and 20–445, FCC 22–2, adopted on 

January 14, 2022 and released on 

January 21, 2022. The full text of this 

document is available at https://

docs.fcc.gov/public/attachments/FCC22-2A1.pdf. The Further Notice of 

Proposed Rulemaking that was adopted 

concurrently with this Report and Order 

is to be published elsewhere in the 

Federal Register. 

I. Introduction 

1. In the Infrastructure Act, Congress 

established the Affordable Connectivity 

Program (ACP) on the basis of the 

preexisting Emergency Broadband 

Benefit Program (EBB Program), with 

modifications designed to transform it 

from an emergency response to a public 

health crisis to a longer-term program to 

support making discounted broadband 

service and connected devices available 

to low-income households. The 

Infrastructure Act includes an 

additional $14.2 billion appropriation 

for implementing the new program. The 

rules adopted in the Report and Order 

are largely based on the Commission’s 

EBB Program rules, with modifications 

to reflect statutory changes adopted in 

the Infrastructure Act. 

2. In particular, the Infrastructure Act 

changed the EBB Program’s subscriber 

eligibility rules and benefit amounts by 

increasing the Affordable Connectivity 

Program’s income threshold from 135% 

to 200% of the Federal Poverty 

Guidelines, adding the Special 

Supplemental Nutritional Program for 

Women, Infants, and Children (WIC) as 

a qualifying program, removing 

eligibility for households that qualified 

for the EBB Program based on factors 

related to income losses due to the 

COVID–19 pandemic, and reducing the 

standard monthly benefit from $50.00 to 

$30.00. See Infrastructure Act, div. F, 

tit. V, section 60502(b)(1), amending 

Consolidated Appropriations Act, 2021, 

Public Law 116–260, div. N. tit. IX, 

section 904(a)(6), (a)(7)(A) (2020); 47 

U.S.C. 1752(a)(6), (a)(7)(A). Under the 

Affordable Connectivity Program, 

eligible households may apply subsidy 

benefits to any broadband services 

offered by a participating provider, 

rather than limiting the covered services 

to those offered on December 1, 2020, as 

in the EBB Program. Infrastructure Act, 

div. F, tit. V, section 60502(a)(3), 

amending Consolidated Appropriations 

Act, 2021, Public Law 116–260, div. N. 

tit. IX, section 904(a)(9), (b)(7); 47 U.S.C. 

1752(b)(7)(A)(i). The Affordable 

Connectivity Program also includes 

modified obligations for participating 

providers relating to consumer 

protection and program promotion, as 

well as reporting, enforcement, auditing, 

and other provisions. These statutory 

provisions and rules implementing 

them are discussed following. 

3. Pursuant to the Infrastructure Act, 

the Affordable Connectivity Program 

took effect on December 31, 2001. The 

Universal Service Administrative 

Company (USAC or the Administrator), 

which administers the Commission’s 

universal service programs as well as 

the EBB and Affordable Connectivity 

Programs, began accepting applications 

and enrollments for the Affordable 

Connectivity Program on December 31, 

2021. As of January 14, 2022, 

approximately 265,000 households had 

enrolled in the Affordable Connectivity 

Program and more than 9 million 


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households had transitioned into that 

newly-launched program from the EBB 

Program. 

4. The Infrastructure Act directs the 

Commission to adopt rules to 

implement the Affordable Connectivity 

Program by January 14, 2022 (i.e., 

within 60 days after November 15, 2021, 

the date of enactment of the statute). See 

47 U.S.C. 1752(c)(1). As directed by the 

statute, a public notice initiating this 

proceeding and seeking comment on 

proposed rules was issued on November 

18, 2021, see 47 U.S.C. 1752(c)(2); see 

Wireless Competition Bureau Seeks 

Comment on the Implementation of the 

Affordable Connectivity Program, WC 

Docket No. 21–450, Public Notice, DA 

21–1453 (WCB Nov. 18, 2021) (ACP 

Public Notice); Proposed Rule, 88 FR 

74036 (Dec. 29, 2021); and interested 

parties were given 20 days to file 

comments (due Dec. 8, 2021) and 20 

days for reply comments (due Dec. 28, 

2021). In response, the Commission 

received comments from broadband 

providers, State and local governments, 

educational groups, consumer groups 

and other non-profits, and individual 

consumers. 

II. Discussion 

A. Participating Providers 

5. The Infrastructure Act defines an 

eligible ‘‘participating provider’’ as a 

broadband service provider that has 

either received Eligible 

Telecommunications Carrier (ETC) 

designation under 47 U.S.C. 214(e) or 

requested and obtained the 

Commission’s approval as such. See 47 

U.S.C. 1752(a)(11)(A). This definition is 

consistent with the definition of 

‘‘participating provider’’ in the 

Consolidated Appropriations Act for 

purposes of the EBB Program; and as in 

the EBB Program, provider participation 

in the Affordable Connectivity Program 

is voluntary. 47 U.S.C. 1752(a)(11)(A). 

Nothing in the Infrastructure Act 

requires changes to the EBB Program 

framework through which providers 

may seek to participate in the 

Affordable Connectivity Program, 

including the participating provider 

election process, the ‘‘expedited 

approval process’’ to approve requests 

to participate by providers that are not 

designated ETCs, see 47 U.S.C. 

1752(d)(2)(A), or the ‘‘automatic 

approval process’’ for providers with an 

‘‘established program as of April 1, 

2020’’ for offering broadband services to 

eligible households with verification 

processes sufficient to prevent fraud, 

waste, and abuse. See 47 U.S.C. 

1752(d)(2)(A), (d)(2)(B). Providers that 

participated in the EBB Program and 

were in good standing as of December 

31, 2021 when the EBB Program ceased 

can continue to participate in the same 

manner in the Affordable Connectivity 

Program without seeking Bureau 

approval or filing election notices. This 

includes providers with alternative 

verification process approvals. 

Providers that did not participate in the 

EBB Program and have not been 

designated as ETCs by a State or the 

Commission must file for automatic 

approval or expedited approval from the 

Commission. All new providers to the 

Affordable Connectivity Program will 

need to file USAC election notices. 

1. Providers Eligible To Participate 

6. Participating Provider Eligibility 

Requirements. The Commission retains 

the broad, technologically neutral 

approach to provider participation that 

was used in the EBB Program. ETCs and 

non-ETCs seeking to participate in the 

Affordable Connectivity Program must 

establish that they provide broadband 

services to participate, and the 

Commission declines to further narrow 

provider eligibility among those 

providers that offer broadband services 

as defined by the statute. This 

interpretation continues to allow 

participation by ETCs and non-ETC 

broadband providers, including not only 

traditional internet Service Providers 

(ISPs) such as cable providers and 

wireless internet service providers, but 

also non-traditional broadband 

providers like community-owned 

networks, electric cooperatives, and 

municipal governments. 

7. The Infrastructure Act removes the 

Consolidated Appropriations Act’s 

requirement that the broadband services 

supported by the program must have 

been 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,’’ Consolidated Appropriations 

Act, 2021, div. N, tit. IX, section 

904(a)(9), struck by Infrastructure Act, 

div. F, tit. V, section 60502(b)(1)(A)(iv); 

47 U.S.C. 1752(a)(8), and imposes a new 

requirement that providers ‘‘allow an 

eligible household to apply the 

affordable connectivity benefit to any 

internet service offering of the 

participating provider, at the same rates 

and terms available to households that 

are not eligible households.’’ 47 U.S.C. 

1752(b)(7)(A)(i). While the EBB Program 

required participating providers to have 

offered retail broadband internet access 

service to eligible households as of 

December 1, 2020, the Infrastructure Act 

removed the December 1, 2020, 

restriction, and therefore participating 

providers will only need to establish 

they offered broadband services to endusers prior to seeking to participate in 

the Affordable Connectivity Program. 

Participating providers can establish 

through certification that they provided 

broadband internet access service and 

reimbursable internet service offerings 

either by timely filing the FCC Form 477 

or by filing a certification, under penalty 

of perjury, that they provided 

broadband service, prior to submitting 

the application. As in the EBB Program, 

such retail broadband internet access 

service must be offered or provisioned 

to end users, meaning the provider of 

retail broadband internet access service 

maintains a direct relationship with the 

customer, is responsible for dealing 

with customer complaints, handles 

customer billing, and provides quality 

of service guarantees to the end user. 

8. Existing EBB Program Participating 

Providers. In order to enable a quick and 

orderly transition period by reducing 

administrative burdens for participating 

providers, the Commission, and USAC, 

the Commission allows existing EBB 

Program participating providers in good 

standing to be automatically eligible to 

participate in the Affordable 

Connectivity Program. Automatically 

transitioning participating providers 

from the EBB Program to the Affordable 

Connectivity Program helps ensure that 

eligible households continue to receive 

the Affordable Connectivity Program 

discount without disruptions. 

2. Elections To Participate in the 

Affordable Connectivity Program by 

Existing EBB Program Providers, 

Existing ETCs and Bureau-Approved 

Providers 

9. Providers that did not participate in 

the EBB program but wish to participate 

in the Affordable Connectivity Program 

will be required to file election notices 

with USAC to facilitate the 

administration of the program and 

provide USAC the necessary 

information to incorporate providers 

into its systems for eligibility 

determination, enrollment, and 

reimbursement. This also applies to 

providers seeking to add new 

jurisdictions (States or territories). 

Existing ETCs will need to file election 

notices with USAC only, while nonETCs will need to first apply for and 

then obtain Bureau approval prior to 

filing their election notices with USAC. 

The Commission directs the Bureau and 

USAC to work expeditiously to review 

provider applications and elections, 

respectively, and directs the Bureau to 

issue additional guidance and 

instruction as necessary for providers 

seeking to participate in the Affordable 


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Connectivity Program. Further, the 

Commission expects the Bureau and 

USAC to prioritize their reviews to limit 

excessive delay in issuing approvals of 

the applications and elections once 

properly submitted by the providers. 

a. Election Notice Process and 

Requirements 

10. The Commission directs USAC, 

under the supervision of and in 

coordination with the Bureau, to 

establish and administer a process to 

enable all new participating Affordable 

Connectivity Program providers to file 

election notices containing information 

sufficient to effectively administer the 

program, including the information 

discussed following. Participating 

providers must certify under penalty of 

perjury that the information set forth in 

the election notice is true, accurate, and 

complete; they understand and will 

comply with all statutory and regulatory 

obligations described within the Order; 

and all terms and conditions and other 

requirements applicable to using the 

Lifeline National Eligibility Verifier 

(National Verifier), National Lifeline 

Accountability Database (NLAD), 

Representative Accountability Database 

(RAD), and other USAC systems. 

Providing materially false information 

in the election notice will disqualify a 

provider from participation in the 

Affordable Connectivity Program or 

result in a reduced reimbursement, as 

appropriate. 47 U.S.C. 1752(a)(11), (d). 

11. Provider elections must include 

the following information to establish 

that the provider has met the criteria 

and can provide enough information to 

allow USAC to administer the program. 

(a) List of States or territories in which 

the provider plans to participate in the 

Affordable Connectivity Program. A 

provider must list each State in which 

it will offer Affordable Connectivity 

Program services. Consistent with 

USAC’s existing processes, providers 

should identify to USAC the postal ZIP 

code(s) or Census Block(s) where the 

provider will offer the Affordable 

Connectivity Program service to obtain 

Service Provider Identification 

Number(s) (SPINs), Study Area Codes 

(SACs), and provide information for use 

in the ‘‘Companies Near Me Tool’’ to the 

extent necessary. 

(b) A statement that, in each such 

State or territory, the provider was a 

‘‘broadband provider.’’ Consistent with 

the Commission’s broadband data 

reporting rules, participating providers 

will be able to establish that they 

provided broadband internet access 

service and reimbursable internet 

service offerings through reference to 

previous FCC Form 477 filings. The 

Commission will consult the 

subscription data provided on the FCC 

Form 477 and any successor filing to 

determine compliance with this 

requirement. To fulfill this requirement, 

a provider should reference the most 

recent FCC Form 477 data month 

submission showing service in the 

jurisdiction. Providers that are not 

required to file FCC Form 477 must 

certify that they provided retail 

broadband internet access service to end 

users, submit supporting documentation 

demonstrating such offerings, and 

identify the underlying carrier 

providing the network facilities. 

(c) A statement identifying where the 

provider is an existing ETC. A provider 

who is an ETC or is affiliated with an 

ETC seeking to begin offering the 

Affordable Connectivity Program must 

submit to USAC documentation 

demonstrating that it is a participating 

provider in specific states. 

(d) A statement identifying where the 

provider received Bureau approval to 

participate in the Affordable 

Connectivity Program. Providers seeking 

approvals outside of states where they 

are existing ETCs or are affiliated with 

existing ETCs (within the meaning of 

‘‘affiliate’’ in 47 U.S.C. 153(2)) will need 

to identify those states and submit the 

statement to the Bureau for approval to 

participate in the program. 

(e) A statement confirming whether 

the provider intends to distribute 

connected devices and supporting 

documentation. Providers seeking 

reimbursement for connected devices 

must submit a statement of intent to 

distribute connected devices as part of 

their election notice. These providers 

should also include documentation 

detailing the equipment, including 

device make, device model, device type, 

device characteristics (e.g., screen size, 

storage, memory) and market value of 

the laptop, desktop or tablet. Connected 

devices must be accessible to and usable 

by users with disabilities. 

12. Providers newly seeking to 

participate in the Affordable 

Connectivity Program must obtain and 

be able to provide the necessary 

administrative registrations to utilize 

the Commission and USAC processes, 

including the Commission Registration 

System (CORES), FCC Registration 

Number (FRN), Service Provider 

Identification Number(s) (SPINs), Study 

Area Codes (SACs), System for Award 

Management (SAM), Employer 

Identification Number (EIN), Tax 

Identification Number (TIN) and/or Dun 

& Bradstreet DUNS number for all 

entities the provider anticipates seeking 

reimbursement. The FRN, EIN/TIN, and 

DUNS should all be associated with the 

same entity filing the election notice, 

and the provider should identify any 

parent/subsidiary or affiliate 

relationships it has with other 

broadband service providers. See 47 

U.S.C. 153(2) (defining affiliate). An 

election should be filed for every entity 

expecting to receive reimbursement 

from the Affordable Connectivity 

Program. 

13. The Commission will not collect 

broadband internet service plan 

information during the election process, 

and participating providers do not have 

to file broadband service plan 

information during the USAC election 

process or update existing service plan 

information that they previously filed 

during the EBB Program election 

process. Providers are on notice of the 

statutory requirement to offer ACP 

discount on ‘‘any internet service 

offering’’ and the requirement adopted 

in the Order to certify compliance with 

the ACP rules as a condition of 

participation. 

14. The Commission directs USAC, in 

coordination with the Bureau, to 

expeditiously process election notices 

and to establish necessary systems and 

processes to systematically review 

election notices on a rolling basis. 

USAC should notify a provider 

promptly if its election notice is 

incomplete or otherwise contains errors 

that prevent USAC from processing the 

election notice. USAC will only reject 

election notices that are materially 

incomplete and that the provider fails to 

update. 

b. Obligations of Providers Electing To 

Participate in Affordable Connectivity 

Fund 

15. The Commission has authority 

under the Infrastructure Act to require 

participating providers to make 

available the necessary information and 

certifications to obtain access to the 

existing USAC systems needed to 

administer the Affordable Connectivity 

Program, and it authorizes USAC to 

continue to make available the 

appropriate databases to administer the 

program, including the National 

Verifier, NLAD, RAD, and Lifeline 

Claims System (LCS), and to take the 

appropriate actions to update, modify, 

or create the necessary systems to 

administer the Affordable Connectivity 

Program in line with the Commission’s 

direction in the Order. The Commission 

also directs the Bureau and the Office of 

Managing Director (OMD) to supervise 

and coordinate with USAC all actions 

necessary to continue to make USAC 

databases and systems available for the 

Affordable Connectivity Program. 


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16. Access to Affordable Connectivity 

Program Systems. The Commission 

further requires participating providers 

to use USAC systems, such as the LCS, 

NLAD, and RAD, for program 

administration, and permits them to use 

the National Verifier to determine 

household eligibility if they do not have 

approved alternative verification 

processes. See 47 U.S.C. 1752(b)(3), 

(i)(5). Based on the Commission’s 

experience with the EBB Program, the 

Commission will continue to rely on the 

USAC-administered National Verifier, 

NLAD, RAD, LCS, and other established 

processes, including the provider 

reimbursement process, call centers for 

program support, provider and 

consumer outreach, and conducting 

program integrity reviews. The 

Commission directs the Bureau and 

USAC, as directed by the Bureau, to 

issue any further guidance or 

instruction necessary to clarify the 

obligations of participating providers 

when using USAC databases and the 

administrative process established for 

the Affordable Connectivity Program. 

17. Required Updates to Election 

Notice Information Resulting from 

Transactions of Participating Providers. 

Participating providers must maintain 

up-to-date information in their election 

notices filed with USAC and shall keep 

the identifying information specified in 

those notices, including points of 

contact, FRN, EIN/TIN, and DUNS, up 

to date. Participating providers must 

update this information following any 

transaction that would result in a 

change to the identifying information 

submitted on an election notice 

(although they need not seek approval 

specifically for continued participation 

in the Affordable Connectivity Program 

following transfers of ownership or 

control under 47 U.S.C. 214). Providers 

must submit updated and accurate 

contact information and similar 

administrative information within ten 

business days of the change in 

information. 

c. Sales Agent Financial Incentives for 

Enrollments 

18. Consistent with the EBB Program 

rules, the Commission continues to 

require all participating providers to 

have their agents and other enrollment 

representatives registered with the 

Representative Accountability Database 

(RAD), as is currently required for the 

Lifeline and EBB Programs, as a way to 

minimize waste, fraud, and abuse. To 

address the potential for waste, fraud, 

and abuse caused by commission-based 

compensation for sales agents, the 

Bureau proposed prohibiting any 

commission compensation for 

enrollment representatives or direct 

supervisors. ACP Public Notice, 86 FR at 

74040–41, para. 18. At this time, the 

Commission declines to adopt a strict 

prohibition on participating providers 

offering commission-based 

compensation to employees, sales 

agents, or similar enrollment 

representatives. The Commission 

instead adopts a more limited 

prohibition on participating providers 

and, as done for Lifeline, restricts them 

from offering or providing to their 

enrollment representatives or direct 

supervisors any commission 

compensation that is based on the 

number of households who apply for, 

are enrolled in, or receive the Affordable 

Connectivity Program benefit from that 

provider, or based on revenues the 

participating provider receives in 

connection with the Affordable 

Connectivity Program, including 

payments for connected devices. In the 

EBB Program Order, the Commission 

declined to apply this prohibition to the 

EBB Program ‘‘to avoid discouraging 

provider participation and diminishing 

consumer choice’’ in a temporary 

program. Emergency Broadband Benefit 

Program, 86 FR 19532, 19559, para. 142 

(April 13, 2021) (EBB Program Order). 

19. The considerations for the more 

permanent Affordable Connectivity 

Program are different, and our 

experience during the EBB Program 

with agent-driven, apparent improper 

enrollments necessitates adopting a 

program ban on agent commission 

compensation similar to the Lifeline 

Program. For example, the FCC’s Office 

of Inspector General (OIG) recently 

issued an advisory raising concerns 

about potential waste, fraud and abuse 

with respect to EBB Program 

enrollments based on the USDA 

National School Lunch Program’s 

Community Eligibility Provision (CEP). 

See generally Advisory Regarding 

Fraudulent EBB Enrollments Based on 

USDA National School Lunch Program 

Community Eligibility Provision (FCC 

OIG Nov. 22, 2021), https://

www.fcc.gov/document/fcc-inspectorgeneral-advisory-regarding-ebbenrollment-fraud (OIG Advisory); 

Wireline Competition Bureau 

Announces Additional Program 

Integrity Measures for Emergency 

Benefit Program Enrollments Based on 

the Community Eligibility Provision, WC 

Docket No. 20–445, DA 21–1464 (WCB 

Nov. 22, 2021). Specifically, the 

advisory observes and describes certain 

problems associated with the CEP 

enrollment process that involve 

misconduct by sales agents. OIG 

Advisory at 2–3. While the Bureau and 

USAC have engaged in remedial actions 

to prevent this specific abuse, the 

Commission is concerned that the 

financial incentives for provider sales 

agents based on enrollments and 

applications invites program waste. 

20. This decision is bolstered by a 

similar restriction in the Lifeline 

program. In 2019, the Commission 

banned this practice in the Lifeline 

program, holding that ‘‘while the 

National Verifier plays an important 

role in helping to address waste, fraud, 

and abuse in the program, we do not 

believe that it will eliminate the 

financial incentives for individuals to 

attempt to defraud the Lifeline program. 

Commissions based on the number of 

Lifeline applications or successful 

Lifeline enrollments are one such 

incentive, and by limiting them today, 

we remove a financial incentive for 

committing fraudulent activity.’’ 

Bridging the Digital Divide for LowIncome Consumers, Final Rule, 84 FR 

71308, 71315, para. 52 (Dec. 27, 2019) 

(Lifeline Fifth Report and Order). The 

Commission finds this rationale 

persuasive. While the Commission 

initially declined adopting such a ban 

for the EBB Program to not discourage 

provider participation, given the robust 

provider participation and household 

enrollments seen in the EBB Program, 

the Commission finds the public 

interest is better served by preventing 

waste, fraud, and abuse caused by 

incentives related to commissions. 

21. In considering this decision, the 

Commission is not persuaded by 

comments in the record suggesting that 

such a limited commission-based 

compensation prohibition is 

unnecessary or that representative 

registration in the RAD alone is 

sufficient to prevent waste, fraud, and 

abuse. In the Commission’s experience, 

both in Lifeline and the EBB Program, 

agent registration does not remove the 

financial incentive to improperly enroll 

a household when the agent is 

compensated based on the enrollment. 

See OIG Advisory at 2–3. Further, agent 

registration allows for audits, trend 

analysis, and other remedial actions 

after the improper enrollment occurs, 

but does little to prevent the improper 

behavior or remove the incentive for 

abuse. Commenters additionally suggest 

that the Lifeline commission ban was a 

stop-gap measure that was put in place 

prior to the full launch of the National 

Verifier and thus does not need to be 

implemented in the Affordable 

Connectivity Program, which utilizes 

the National Verifier. The Commission, 

however, continues to ban commissionbased compensation in the Lifeline 

program following the full deployment 


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of the National Verifier, and the 

Commission has recognized that the 

National Verifier itself does not remove 

the financial incentives for sales agents 

to improperly enroll ineligible 

households. Lifeline Fifth Report and 

Order, 84 FR at 71315, para. 52. 

22. The Commission considered a 

stricter prohibition that would bar any 

commission-based compensation to 

participating providers’ enrollment 

representatives. ACP Public Notice, 86 

FR at 74040–41, para. 18. However, 

because this broad prohibition may have 

had unintended consequences given the 

frequency broadband providers use 

commission-based compensation for 

their enrollment representatives across 

multiple services and business 

operations, the Commission limits the 

prohibition to only commissions based 

on ACP applications, enrollments, 

participation, or revenues, thus striking 

a balance in preventing certain abuses 

in the program while reducing the 

logistical and administrative burden for 

participating providers that a blanket 

prohibition on commissions may have 

caused. Finally, the Commission finds 

support in the record to ban agent 

compensation based on ACP 

applications and enrollments from 

commenters recognizing the financial 

incentive to enroll consumers can result 

in misleading and improper information 

being provided to consumers to induce 

enrollments or other abusive behaviors. 

23. Accordingly, the Commission 

prohibits participating providers from 

offering or providing commissions to 

enrollment representatives and their 

direct supervisors based on the number 

of consumers who apply for, are 

enrolled in, or receive the affordable 

connectivity benefit from that provider. 

This restriction applies to an employee, 

agent, contractor, or subcontractor, 

acting on behalf of a participating 

provider or third-party entity, who 

directly or indirectly provides 

information to the Administrator for the 

purpose of eligibility verification, 

enrollment, subscriber personal 

information updates, benefit transfers, 

or de-enrollment. For purposes of this 

rule, a provider’s payment to a thirdparty entity that in turn provides 

commissions to an enrollment 

representative is subject to this 

prohibition. Likewise, the Commission 

determines that providers who allow 

agents to retain cash payments for 

device purchases related to the ACP 

enrollments are providing an incentive 

based on ACP enrollments, and thus 

this activity is also prohibited under 

these rules. This restriction strikes the 

balance between a blanket commission 

prohibition that may have been 

logistically and administratively 

difficult for participating providers 

given the frequent use of this practice 

for broadband providers in general 

service initiations and the goal of 

preventing waste, fraud, and abuse 

caused by the financial incentives to 

enroll any household in the Affordable 

Connectivity Program through the use of 

commissions. This restriction is not 

intended to prevent providers from 

using customer service representatives 

to assist consumers in the application 

and recertification processes, but 

customer service representatives should 

not be compensated based on the 

number of customer applications that 

are approved. Further, this restriction 

only applies to commissions related to 

ACP applications, participation, 

enrollments, or revenue, and while it 

does not prohibit commissions paid for 

sale of service or provider business 

incentives unrelated to the Affordable 

Connectivity Program, it does not 

authorize providers to shift 

commissions that would have been paid 

for ACP applications, enrollments, or 

revenues to other services or business 

operations. This approach to restricting 

commissions based on ACP applications 

is supported by commenters that 

recognize this compromise addresses 

potential improper behaviors while not 

causing overly burdensome 

implementation for participating 

providers. 

d. Provider Annual Certification 

Requirements 

24. Providers are required to submit to 

USAC annual officer certifications 

relating to the Affordable Connectivity 

Program. The officer with responsibility 

for a participating provider’s ACP 

activity shall certify, under penalty of 

perjury, that the participating provider 

has policies and procedures in place to 

ensure compliance with ACP rules. This 

annual certification is necessary to 

ensure that all ACP providers are 

vigilant against waste, fraud, and abuse, 

and are undertaking efforts to ensure 

compliance with the ACP rules, which 

will be particularly important as this 

program is anticipated to last multiple 

years. At a minimum, the annual 

certification will require ACP providers 

to attest that they have policies and 

procedures to ensure the eligibility of 

their subscribers to receive ACP support 

and for ensuring the accuracy and 

completeness of the information they 

provide to the National Verifier and 

NLAD; an acknowledgement that 

providers are liable for violations of 

ACP rules and that their liability 

extends to violations by their agents, 

contractors, and representatives; and 

other information deemed necessary by 

the Bureau to ensure that providers have 

a plan for complying with ACP rules. 

The Commission directs the Bureau to 

develop an annual officer certification 

and submission process with USAC and 

set a uniform deadline for all providers 

to submit this annual certification. 

3. Non-ETC Provider Applications and 

Approval Process 

a. Automatic Approval Process for 

Providers With Existing Support 

Programs 

25. The Commission adopts an 

automatic approval process to enable 

non-ETC broadband providers with ‘‘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’’ to be 

automatically approved upon the filing 

of information meeting the criteria. 47 

U.S.C. 1752(d)(2)(B). Any non-ETC 

broadband provider seeking to qualify 

for such automatic approval must file an 

application describing: (1) The states or 

territories in which in which it plans to 

participate, (2) the service areas in 

which the provider has the authority, if 

needed, to operate in each State, but has 

not been designated an eligible 

telecommunications carrier, and (3) a 

description, supported by 

documentation, of the established 

program with which the provider seeks 

to qualify for automatic admission to the 

Affordable Connectivity Program. 

26. Established Program as of April 1, 

2020. The Commission maintains the 

interpretation it adopted in the EBB 

Program of what constitutes an 

‘‘established program’’ that is ‘‘widely 

available’’ while accounting for the 

Infrastructure Act’s modifications to the 

statute. This requirement encompasses 

any eligible broadband provider that 

maintains an existing program that was 

made available by April 1, 2020, 

offering broadband to subscribers 

meeting at least one of the criteria in the 

statute’s definition of an eligible 

household. Specifically, providers 

offering broadband subscribers 

discounted rates based on criteria such 

as low-income, participation in Federal, 

State, or local assistance programs, or 

other means-tested eligibility criteria 

qualify for this automatic approval 

process. 47 U.S.C. 1752(a)(6)(D). 

However, the Infrastructure Act removes 

eligibility for households that qualified 

based on a provider’s COVID–19 

program or having experienced a 

substantial loss of income since 

February 29, 2020. In keeping with the 


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directive of Congress, the Commission 

modifies the requirements of what 

constitutes an ‘‘established program’’ to 

reflect the removal of COVID–19- 

specific response programs and other 

short-term bill forbearance or 

forgiveness programs. A provider 

seeking to participate in the Affordable 

Connectivity Program can demonstrate 

an ‘‘established program’’ for automatic 

approval by submitting information 

demonstrating that it maintains an 

existing low-income program that was 

made available by April 1, 2020, to 

subscribers meeting at least one of the 

criteria in the revised definition of an 

eligible household. To qualify for 

automatic approval, providers must 

demonstrate that they are offering 

broadband subscribers discounted rates 

based on criteria such as low-income, 

participation in Federal, State, or local 

assistance programs, or other meanstested eligibility criteria, and must also 

demonstrate the pre-existing verification 

process used for this existing program. 

The principal consideration in 

determining an ‘‘established program’’ 

for automatic approval is whether 

subscribers receive or were eligible to 

receive a financial benefit through 

reduced rates. A program is ‘‘widely 

established’’ when it was offered to 

subscribers in a substantial portion of 

the service provider’s service area in a 

particular State. 

27. Required Verification Processes. 

The Infrastructure Act requires that 

providers seeking automatic approval to 

participate in the Affordable 

Connectivity Program have established 

programs that maintain verification 

processes that are ‘‘sufficient to avoid 

fraud, waste, and abuse.’’ 47 U.S.C. 

1752(d)(2)(B). Providers that have been 

offering a broadband program for 

eligible households prior to submitting 

applications for automatic approval and 

are submitting applications for 

automatic approval must describe only 

the established program and 

participation requirements to meet the 

approval criteria. 

28. Providers that receive automatic 

approval to participate in the Affordable 

Connectivity Program will use the 

National Verifier and the National 

Lifeline Accountability Database 

(NLAD) to verify household eligibility 

or their own alternative household 

eligibility verification processes, or the 

combination of both, before seeking 

reimbursement. To ensure the eligibility 

of the households enrolled through an 

approved alternative verification 

process, the Commission directs USAC 

to conduct quarterly program integrity 

reviews to ensure that subscribers 

enrolled through a provider’s alternative 

verification process are eligible for the 

Affordable Connectivity Program. 

29. Timing of Approvals. Providers 

that file applications certifying to and 

making necessary demonstrations for 

the criteria outlined preceding will 

receive approval automatically once the 

Bureau confirms all required 

information was submitted. 

b. Expedited Review Process for NonETC Providers 

30. The Commission adopts an 

expedited review process for non-ETC 

providers that do not qualify for 

automatic application processing and 

are not affiliated with an ETC in the 

same jurisdiction consistent with the 

EBB Program. Such providers must file 

an application for expedited review to 

receive approval from the Bureau to 

participate in the Affordable 

Connectivity Program by establishing a 

sufficient showing that they have met 

the criteria for expedited review and 

approval, as outlined following. 

(a) A list of states or territories where 

the provider will offer Affordable 

Connectivity Program services. A 

provider seeking approval must list each 

jurisdiction in which it seeks to be 

approved to offer ACP-supported 

services. While the provider need only 

identify the State or territory where it 

plans to offer qualifying services for 

purposes of its submission to the 

Bureau, providers should be prepared to 

identify to USAC in their election the 

postal ZIP code(s) or Census Block(s) 

where Program service will be offered to 

obtain Service Provider Identification 

Number(s) (SPINs) or Study Area Codes 

(SACs), as necessary. 

(b) A statement identifying the 

jurisdiction in which the provider 

requires FCC approval and jurisdictions 

in which the provider is an existing 

ETC. A provider that is designated as an 

ETC or affiliated with an ETC (see 47 

U.S.C. 153(2), defining ‘‘affiliate’’) in 

some states or territories must submit an 

application and obtain Bureau approval 

to participate in the Program in states or 

territories where the provider is not 

designated as an ETC. Providers without 

ETC designations or unaffiliated with 

ETCs must certify that they are 

authorized to provide broadband 

services. 

(c) Certification of the provider’s plan 

to combat waste, fraud, and abuse. 

Participating provider applications must 

include a certification that the provider 

understands and complies with all 

statutory and regulatory obligations, 

including those described within the 

Order, as a condition of offering ACPsupported services. Specifically, a 

provider must certify that it will: 

(i) Confirm a household’s eligibility 

for the Program through either the 

National Verifier or a Commissionapproved eligibility verification process 

prior to seeking reimbursement for the 

respective subscriber; 

(ii) follow all enrollment requirements 

and obtain all certifications as required 

by the Program, including providing 

eligible households with information 

describing the Program’s eligibility 

requirements, one-per-household rule, 

and enrollment procedures; 

(iii) interact with the necessary USAC 

systems, including the National Verifier, 

NLAD, and RAD, before submitting 

claims for reimbursement, including 

performing the necessary checks to 

ensure the household is not receiving 

duplicative benefits within the Program; 

(iv) de-enroll from the Program any 

household it has a reasonable basis to 

believe is no longer eligible to receive 

the benefit consistent with Program 

requirements; 

(v) comply with the Program’s 

document retention requirements and 

agree to make such documentation 

available to the Commission or USAC, 

upon request or any entities (for 

example, auditors) operating on their 

behalf; and 

(vi) agree to the Commission’s 

enforcement and forfeiture authority. 

c. Alternative Verification Process 

Applications 

31. The Infrastructure Act allows a 

participating provider to ‘‘rely upon an 

alternative verification process of the 

participating provider,’’ to determine 

household eligibility and enroll 

households in the EBB program, subject 

to certain conditions. 47 U.S.C. 

1752(b)(2)(B). The statute provides that 

the ‘‘participating provider submits 

information as required by the 

Commission regarding the alternative 

verification process prior to seeking 

reimbursement,’’ and the Commission 

has seven days after receipt of the 

information to notify the participating 

provider if its ‘‘alternative verification 

process will be sufficient to avoid waste, 

fraud, and abuse.’’ Id. This approval 

allows participating providers to verify 

all household eligibility criteria through 

their own eligibility verification process 

in addition to, or instead of, using the 

National Verifier. 

32. Participating Provider Eligibility to 

Use an Alternative Verification Process. 

Providers’ alternative verification 

processes must be at least as stringent as 

methods used by the National Verifier. 

The use of alternative verification 

processes is limited to providers that 

maintain an existing verification process 

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income program or other purpose 

unrelated to the EBB Program, 

Affordable Connectivity Program, or 

similar Federal assistance programs. 

Providers lacking an existing household 

eligibility verification process would 

not be able to demonstrate that a new 

process would be sufficient to avoid 

waste, fraud and abuse. These providers 

must use the NLAD, in conjunction with 

the National Verifier and the schoolbased eligibility as permitted by statute, 

47 U.S.C. 1752(b)(2)(C), to determine 

household eligibility for the Affordable 

Connectivity Program. 

33. Providers with approved EBB 

Program alternative verification 

processes can continue to use those 

processes when enrolling households in 

the Affordable Connectivity Program in 

a manner consistent with the Affordable 

Connectivity Program’s revised 

eligibility criteria and these providers 

need not seek new Commission 

approval for their alternative 

verification processes that already are 

compliant with these requirements. 

However, providers with approved 

alternative verification processes must 

seek new Commission approval to verify 

any eligibility criteria not originally 

contained in prior approved processes 

or when the provider seeks to update or 

modify its approved alternative 

verification process. 

34. Alternative Verification Process 

Application Requirements. Participating 

providers seeking to use alternative 

verification processes must collect a 

prospective subscriber’s: (1) Full name, 

(2) phone number, (3) date of birth, (4) 

email address, (5) home and mailing 

addresses, (6) name and date of birth of 

the benefit qualifying person if different 

than applicant, (7) basis for inclusion in 

program (e.g., SNAP, SSI, Medicaid, 

school lunch, Pell Grant, income, 

provider’s existing program, etc.) and 

documentation supporting verification 

of eligibility, and (8) certification that 

the information included in the 

application is true. The provider is 

required to describe the processes it (or 

a third-party) uses to verify the required 

information and is required to explain 

why the alternative process would be 

sufficient to avoid waste, fraud, and 

abuse. The provider is also required to 

explain how it trains its employees and 

agents to prevent ineligible enrollments, 

including enrollments based on 

fabricated documents. If the alternative 

verification process fails to include any 

of the required information, the 

provider is required to explain why 

such information was not necessary to 

prevent waste, fraud, and abuse. Finally, 

a provider must describe why its 

established program requires approval 

of an alternative verification process 

and it is required to explain why it 

proposes to use an alternative 

verification process instead of the 

National Verifier eligibility 

determinations. 

35. Timing of Alternative Verification 

Process Approvals. As set out by the 

statute, the ‘‘participating provider 

submits information as required by the 

Commission regarding the alternative 

verification process prior to seeking 

reimbursement,’’ and the Commission 

has seven days after receipt of the 

information to notify the participating 

provider if the participating provider’s 

‘‘alternative verification process will be 

sufficient to avoid waste, fraud, and 

abuse.’’ 47 U.S.C. 1752(b)(2)(B). The 

Bureau will issue decisions regarding 

the application or otherwise notify the 

provider of why the application is 

insufficient within seven business days 

of the receipt of the application. If the 

provider’s application is incomplete, the 

seven-business-day timing will not 

begin until the applicant provides 

additional information requested from 

the Bureau. Providers that make changes 

to approved procedures are required to 

inform the Commission in writing of 

those changes by filing a new 

application documenting the changes. 

B. Household Eligibility 

1. One-Per-Household Limitation 

36. The Affordable Connectivity 

Program provides ‘‘eligible households’’ 

a monthly discount on broadband 

service and a one-time benefit for a 

connected device. 47 U.S.C. 1752(a)(6), 

(a)(7)(A). The Consolidated 

Appropriations Act and the 

Infrastructure Act do not define 

‘‘household.’’ The Commission adopts 

the definition of ‘‘household’’ used in 

Lifeline and the EBB Program for the 

Affordable Connectivity Program. The 

Commission directs USAC to implement 

measures to ensure that during the 60- 

day transition period, legacy EBB 

Program households cannot receive the 

transition period benefit amount and the 

affordable connectivity benefit at the 

same time, even if they submit new 

applications for the Affordable 

Connectivity Program. 

37. To facilitate the administration of 

the one-per-household limitation, the 

Commission directs the Bureau, in 

coordination with USAC, to make any 

necessary revisions to the worksheet 

used by households seeking to enroll in 

the Affordable Connectivity Program 

that reside at the same address as 

another household that is already 

enrolled in the Program. Where a 

participating service provider seeks to 

enroll a subscriber whose eligibility was 

verified through an approved alternative 

verification process or school-based 

eligibility verification and that 

subscriber also resides at the same 

address as another household enrolled 

in the Affordable Connectivity Program, 

the service provider must collect and 

retain a household worksheet (in either 

online or paper format) and retain any 

other subscriber provided 

documentation relevant to a 

determination that the household is not 

receiving more than one ACP benefit 

under the Program rules. Where a 

service provider conducts eligibility 

determinations pursuant to an approved 

alternative verification process, those 

processes must include measures to 

confirm that a household, under the 

definition the Commission adopts here, 

is not receiving more than one 

Affordable Connectivity Program 

benefit. The Commission also directs 

USAC to conduct quarterly program 

integrity reviews to confirm that 

Affordable Connectivity Program 

subscribers who reside at the same 

address are in compliance with the oneper-household limitation. 

2. Participating Service Providers Are 

Required To Check Their Internal 

Records for Potential Household and 

Individual Duplicates. This 

Requirement Is Consistent With the 

Requirement To Implement Policies and 

Procedures for Ensuring That A 

Household Is Eligible Under Program 

Rules. Qualifying Income and Eligibility 

Programs 

38. Pursuant to the Infrastructure Act, 

47 U.S.C. 1752(a)(6)(A–E), a household 

may qualify for the Affordable 

Connectivity Program if at least one 

member of the household: (1) Meets the 

qualifications for participation in the 

Lifeline program (with the modification 

that the qualifying household income 

threshold is at or below 200 percent of 

the Federal Poverty Guidelines for a 

household of that size); (2) has been 

approved to receive school lunch 

benefits under the free and reduced 

price lunch program under the Richard 

B. Russell National School Lunch Act, 

or the school breakfast program under 

section 4 of the Child Nutrition Act of 

1966; (3) has received a Federal Pell 

Grant under section 401 of the Higher 

Education Act of 1965 in the current 

award year; (4) meets the eligibility 

criteria for a participating provider’s 

existing low-income program, subject to 

approval by the Commission and any 

other requirements deemed by the 

Commission to be necessary in the 

public interest; or (5) receives assistance 

through the WIC Program, established 


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by section 17 of the Child Nutrition Act 

of 1996 (42 U.S.C. 1786). The 

Infrastructure Act added WIC as a 

qualifying program for the Affordable 

Connectivity Program, raised the 

maximum income for qualifying based 

on household income for purposes of 

the Affordable Connectivity Program 

from 135 percent to 200 percent of the 

Federal Poverty Guidelines for a 

household of that size, and eliminated 

as qualifying criteria substantial loss of 

income since February 29, 2020, and 

participation in a provider’s COVID–19 

program. The Commission directs USAC 

to make the necessary changes to the 

relevant program systems, including 

NLAD, National Verifier, and LCS, and 

to update the acceptable documentation 

guidelines in order to implement the 

eligibility criteria for the ACP. 

39. Implementation of WIC as a 

Qualifying Program. The Commission 

directs the Bureau, in conjunction with 

USAC, to identify and establish 

connection(s) with database(s) that 

could be used to automatically verify 

eligibility based on participation in 

WIC. To ensure that households can 

enroll in the Affordable Connectivity 

Program based on participation in WIC 

in the interim, while also promoting 

program integrity, the Commission 

directs USAC to develop acceptable 

documentation guidelines for WIC and 

to make adjustments to those criteria as 

needed to administer the program and 

guard against potential waste, fraud and 

abuse. The WIC documentation 

requirements should be at least as 

robust as the documentation 

requirements that USAC uses for other 

qualifying programs. 

40. Community Eligibility Provision 

and Similar Provisions, and Acceptable 

Documentation Period for School Lunch 

and Breakfast Programs. Households 

may enroll based on a household 

member’s enrollment in a school or 

school district that participates in the 

Community Eligibility Provision (CEP), 

through which schools or school 

districts provide free lunch or breakfast 

to all students without requiring an 

individual application for a meal 

benefit. 

41. To prevent waste, fraud, and 

abuse in the Affordable Connectivity 

Program, households seeking to enroll 

based on the CEP are required to 

identify the CEP school and provide 

documentation demonstrating that a 

member of the household attends the 

identified CEP school. Households 

seeking to qualify based on a child or 

dependent’s attendance at a CEP school 

should also provide the benefit 

qualifying person information when 

submitting their application. 

Furthermore, the school documentation 

that households submit must include 

the name of the student enrolled, the 

school year for which they are enrolled, 

the name and address of the school, and 

contact information for that school to 

validate that the proof of enrollment is 

for a CEP school. The Commission 

directs USAC to conduct quarterly 

program integrity reviews of a sample of 

households that enroll on this basis. 

USAC will de-enroll households that do 

not confirm their eligibility as required 

by the Commission’s rules. 

42. Households cannot qualify for the 

Affordable Connectivity Program based 

on a household member’s enrollment in 

a school that participates in USDA 

Provisions 2 and 3, which, similar to the 

CEP, allow schools to provide free 

breakfast or lunch to all students 

without requiring individual annual 

applications. See USDA, Provisions 1, 2, 

and 3, https://www.fns.usda.gov/cn/ 

provisions-1-2-and-3 (last visited Jan. 

14, 2022) (describing Provisions 2 and 

3). Also, participation in the Summer 

School Food Service Program, which is 

separate from the school lunch and 

breakfast program, does not qualify a 

household to participate in the 

Affordable Connectivity Program. 

43. Households who seek to enroll 

based on a current student’s 

participation in a free and reduced price 

school lunch or breakfast program may 

qualify based on documentation from 

the current school year or the school 

year immediately preceding the 

application for the Affordable 

Connectivity Program. To qualify based 

on a household member’s participation 

in a qualifying school lunch or breakfast 

program, the household member must 

be a current student at the time the ACP 

application is submitted. Program 

participants must notify their service 

providers if they are no longer eligible 

for the Affordable Connectivity 

Program, such as if no member of the 

household qualifies for the free and 

reduced price school lunch or breakfast 

programs or no member of the 

household attends school. 

3. Enrollment of Eligible Households in 

the NLAD 

44. Use of the National Lifeline 

Accountability Database. The NLAD 

will be used as a program-wide tool for 

enrollment, as well as the basis for 

reimbursement calculations and 

duplicate checks in all states, territories, 

and the District of Columbia, regardless 

of a State’s NLAD opt-out status in the 

Lifeline program. Participating service 

providers must enroll all consumers 

participating in the Affordable 

Connectivity Program in the NLAD, 

regardless of whether the subscriber 

resides in a State that has opt-out status 

for the Lifeline program. The 

Commission directs USAC to make 

changes to the NLAD that are necessary 

to implement the rules and 

requirements that the Commission 

adopts in the Report and Order and to 

give participating service providers 

advance notice of any NLAD system 

changes for the Affordable Connectivity 

Program so they can make 

corresponding changes to their systems. 

45. Eligible households can 

participate in both the Lifeline program 

and Affordable Connectivity Program 

for the same or different services. The 

Commission directs USAC to enable the 

NLAD to allow subscribers to have 

separate identifiers for the Lifeline 

program and the Affordable 

Connectivity Program, which can be 

associated with the corresponding 

Lifeline provider or Affordable 

Connectivity Program provider, as 

applicable. 

46. Providers participating in the 

Affordable Connectivity Program must 

submit to the NLAD, at the time of 

enrollment, the same types of 

information that providers were 

required to submit to enroll households 

in the EBB Program. The required 

information sufficiently identifies the 

enrolled household for purposes of 

administering the program, including 

duplicate checks and verifying the 

applicant’s status as alive, and provides 

information on the service, device, 

method of verifying eligibility and 

household qualification for the higher 

Tribal benefit level if applicable. Prior 

to transmitting subscriber information to 

the NLAD, service providers must also 

comply with the disclosure and consent 

requirements that the Commission 

adopts in the Report and Order and 

must submit changes to subscriber 

information to the NLAD within 10 

business days. 

47. Service providers are prohibited 

from enrolling or claiming ACP support 

if USAC cannot verify a subscriber’s 

status as alive unless the subscriber 

provides documentation to demonstrate 

his or her status as alive. The 

Commission directs USAC to explore 

additional ways to improve the process, 

for example identifying and notifying 

service providers about potentially 

deceased subscribers, and to conduct 

program integrity reviews to ensure 

compliance with this requirement. 

48. Coordination With Lifeline OptOut States. USAC and the three Lifeline 

opt-out states of Texas, California, and 

Oregon have worked together closely 

since the start of the EBB Program to 

streamline the enrollment of Lifeline 


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subscribers in those states into the EBB 

Program by providing weekly subscriber 

eligibility listing updates to USAC. To 

facilitate the enrollment of qualifying 

households in these states into the 

Affordable Connectivity Program, the 

Commission directs USAC to continue 

to work with these three states to 

explore additional ways to streamline 

and improve efficiency in the 

enrollment of Lifeline subscribers in 

these states into the Affordable 

Connectivity Program. Consumers in the 

Lifeline opt-out states can separately 

submit Affordable Connectivity Program 

applications, but they still need to 

undergo the applicable State eligibility 

processes. 

4. Verifying Subscriber Eligibility and 

Identity 

49. The Infrastructure Act maintained 

for the Affordable Connectivity Program 

the three methods for verifying 

household eligibility: The National 

Verifier, an approved service provider 

alternative verification process, and 

school-based eligibility verifications. 

Legacy EBB Program households who 

qualified under eligibility criteria that 

are still applicable to the Affordable 

Connectivity Program and households 

participating in Lifeline do not need to 

submit a new application or new 

eligibility documentation to participate 

in the Affordable Connectivity Program. 

However, existing Lifeline subscribers 

who do not already participate in the 

EBB Program will be required to 

affirmatively consent to participation in 

the Affordable Connectivity Program 

pursuant to the consumer consent and 

disclosure requirements outlined in the 

Order. Legacy EBB Program households 

are not required to provide new consent 

to continue the same service through the 

Affordable Connectivity Program with 

their current provider, except as may be 

required for the applicable transition 

path for that household. 

50. National Lifeline Eligibility 

Verifier. The National Verifier is a 

system of systems with connections to 

State and Federal eligibility databases 

that can automatically check and 

confirm a household’s eligibility 

electronically, followed by manual 

review of eligibility documentation for 

any applicants whose eligibility cannot 

be verified using an automated data 

source. The National Verifier has 

already been modified to make 

eligibility determinations based on the 

eligibility criteria that were added (WIC 

and income at or below 200% of the 

Federal Poverty Guidelines) and 

removed (substantial loss of income 

since February 29, 2020) in the 

Infrastructure Act for purposes of the 

Affordable Connectivity Program. 

51. USAC’s existing acceptable 

documentation guidelines must be used 

where manual reviews are conducted. 

The Commission directs the Bureau to 

coordinate with USAC to make changes 

to the documentation criteria as 

necessary to administer the Affordable 

Connectivity Program and promote 

program integrity. 

52. The ACP Public Notice also sought 

comment on allowing applicants for the 

Affordable Connectivity Program to 

verify their identity through the last four 

digits of their social security number or 

other approved identity documentation, 

as was permitted for the EBB Program. 

See ACP Public Notice, 86 FR at 74045, 

para. 39. Many commenters explained 

that this flexibility removed obstacles to 

enrollment and resulted in additional 

consumers applying for the EBB 

Program that would not have applied if 

they were required to provide the last 

four digits of their social security 

number. The Commission is persuaded 

that continuing this approach for the 

Affordable Connectivity Program is 

justified because it supports increased 

program participation. Therefore, the 

Commission allows consumers seeking 

to apply for the Affordable Connectivity 

Program to verify their identity through 

the last four digits of their social 

security number or other approved 

identity documentation, and it 

encourages consumers to provide the 

last four digits of their social security 

number because this significantly 

reduces the time required for identity 

and eligibility verifications. 

53. The Bureau, in conjunction with 

USAC, has already developed approval 

criteria for acceptable identity 

documentation, which include a 

government-issued ID (such as a State 

ID), passport, U.S. driver’s license, U.S. 

military ID, or Individual Taxpayer 

Identification documentation. The 

Commission directs the Bureau to 

coordinate with USAC to make changes 

to the identity documentation 

requirements as necessary to administer 

the program and promote program 

integrity and the Commission directs 

the Bureau to work with USAC to 

explore whether other systems or 

databases could be used to verify the 

identity of consumers who provide 

alternative documentation instead of the 

last four digits of their social security 

number. 

54. The Commission does not allow 

any third party, whether a service 

provider or neutral third party entity, to 

remotely submit an Affordable 

Connectivity Program application on 

behalf of a consumer who is not 

physically present with the party 

providing assistance. Where the 

National Verifier is used to conduct 

eligibility verifications, prospective 

subscribers must interact directly with 

the National Verifier. Third parties can 

assist households with completing a 

paper or online application, provided 

that the applicant is physically present 

and certifies and signs the application. 

55. Eligible households may 

experience difficulty accessing or 

navigating the National Verifier on their 

own, and may require assistance to 

complete and submit applications for 

the Affordable Connectivity Program. It 

may be beneficial to provide access to 

the National Verifier to a limited 

number of neutral, trusted third party 

entities, such as schools and school 

districts, or other local or State 

government entities, for purposes of 

assisting consumers with completing 

and submitting an application for the 

Affordable Connectivity Program, 

provided that the consumer is 

physically present with the person 

providing assistance. The Commission 

directs the Bureau, in coordination with 

USAC, to conduct a one year test pilot 

for granting State or Tribal entity 

representatives access to the National 

Verifier for purposes of assisting 

customers with applying for the 

Affordable Connectivity Program. 

Consistent with current practice in the 

Lifeline program, those that are granted 

access to the National Verifier in this 

Pilot will be required to register in the 

Representative Accountability Database 

(RAD). Government entities 

participating in this Pilot (such as 

schools) may enter into partnerships 

with neutral non-profit organizations for 

purposes of raising awareness about the 

Affordable Connectivity Program and 

increasing the enrollment of eligible 

households, provided that the 

government entity informs the Bureau 

that it is partnering with a specific nonprofit organization, access to the 

National Verifier through the Pilot is 

limited to actual representatives of the 

participating government entity, and 

enrollment activities through the 

National Verifier take place in the 

government entity’s facility or other 

location maintained or operated by the 

government entity. Entities participating 

in this Pilot (and their neutral non-profit 

partners as applicable) must maintain 

neutrality with respect to ACP 

participating providers when assisting 

consumers in connection with this Pilot. 

The Bureau shall determine the scope of 

this Pilot, and the process for 

identifying potential participants. The 

Bureau may issue public notices or 


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engage with stakeholders as needed to 

obtain information necessary to 

establish this Pilot, and may make any 

necessary changes to the National 

Verifier to conduct the Pilot. Consistent 

with the current enrollment processes, 

the Bureau shall make sure that 

appropriate safeguards are in place for 

the Pilot to protect applicant’s 

personally identifiable information. At 

the completion of the Pilot, the Bureau 

will send a report to the Commission 

summarizing the results of the Pilot. 

56. Eligibility Verifications Through 

Approved Service Provider Alternative 

Verification Processes. As with the EBB 

Program, Affordable Connectivity 

Program providers using an approved 

alternative verification process must 

keep all documentation provided to 

them from the applicant used to make 

eligibility determinations for the 

document retention period specified 

herein. 

57. School-Based Eligibility 

Verifications. Service providers relying 

on school-based eligibility verifications 

must collect and retain documentation 

of (1) the school providing the 

information; (2) the program(s) that the 

school participates in; (3) the household 

that qualifies (and qualifying student(s)) 

and (4) the program(s) the household 

participates in). Service providers must 

obtain parental consent for school-based 

eligibility verifications. The 

Commission directs USAC to conduct 

quarterly program integrity reviews to 

ensure that households enrolled based 

on school-based eligibility verification 

process are eligible for the ACP benefit. 

5. Household Usage Requirements 

58. Non-Usage Period and Cure 

Period. The Commission adopts the 

Lifeline usage rules for the Affordable 

Connectivity Program. Under these 

rules, where a provider does not assess 

or collect a monthly fee from the 

subscriber for the supported service, the 

subscriber must use their service at least 

once every 30 days, and after 30 

consecutive days of non-usage, the 

provider is required to notify the 

consumer that they will be de-enrolled 

if they do not cure their non-usage in 15 

days. The Commission requires deenrollment of ACP subscribers for nonusage. Providers are prohibited from 

claiming support for a subscriber who 

has not used their service in the last 

consecutive 30 days unless the 

subscriber cures their non-usage within 

15 days. 

59. The 30-day usage and 15-day cure 

period for the Lifeline program, for nonuse of services where the end-user is not 

assessed and does not pay a fee, 

sufficiently balance consumer interests 

and fiscal responsibility for purposes of 

the Affordable Connectivity Program. 

The Commission also finds that there 

are significant benefits to applying a 

uniform subscriber usage requirement 

for both the Lifeline program and the 

Affordable Connectivity Program. 

Having inconsistent usage rules for 

Lifeline and the longer-term Affordable 

Connectivity Program would likely 

result in significant consumer confusion 

and complicate provider compliance 

given that many households will 

participate in both programs and certain 

households may use both benefits on 

the same service. Where a household 

uses a Lifeline benefit and an affordable 

connectivity benefit for the same service 

from the same provider, to avoid 

consumer confusion, upon the effective 

date of the subscriber usage 

requirements for the Affordable 

Connectivity Program, the provider 

should track each subscriber’s nonusage using the same rolling 30-day 

period that it is using to track the 

subscriber’s usage for Lifeline. 

60. The Commission declines to limit 

the subscriber usage requirements to 

free-to-the-end-user wireless service 

because that approach would arbitrarily 

distinguish between free-to-the-end-user 

wireline and wireless service, while still 

allowing service providers to continue 

receiving an ACP benefit for free-to-theend-user service where the subscriber is 

not actually using their service. The 

subscriber usage requirements apply to 

all modalities of free-to-the-end-user 

ACP service. 

61. If the participating provider bills 

a subscriber on a monthly basis and 

collects or makes a good faith effort to 

collect any money owed within a 

reasonable amount of time, the 

subscriber will not be subject to the 

usage requirements. Participating 

providers that fail to take such steps and 

do not de-enroll subscribers pursuant to 

the non-usage requirements the 

Commission adopts for the Affordable 

Connectivity Program may be subject to 

enforcement action or withholding of 

support. 

62. Definition of Usage. The 

Commission adopts the definition of 

usage under the EBB Program and 

Lifeline for the Affordable Connectivity 

Program. This definition lists other 

activities, aside from the subscriber’s 

actual use of the supported free-to-theend-user service, that are considered 

‘‘usage’’ for purposes of the subscriber 

usage requirement. The Commission 

does not expand the list of activities that 

constitute usage to include activation of 

a modem because the activation of a 

modem without actual usage is not a 

strong indicator of a subscriber’s 

intention to use their service and the 

risk of waste is too great to justify the 

expansion of the definition of ‘‘usage’’ 

to include simply activating a modem 

without actual use of the supported 

service. 

63. Usage Tracking and 

Documentation Requirements. Service 

providers are responsible for tracking 

subscriber usage and retaining 

appropriate usage documentation for 

purposes of compliance with the nonusage requirements of the Affordable 

Connectivity Program. The Commission 

directs the Bureau, the Office of 

Managing Director (OMD), and USAC to 

continue to use audits and program 

integrity reviews to monitor 

participating provider compliance with 

the subscriber usage requirements. 

64. Annual Subscriber Recertification 

Requirement. The Commission adopts 

an annual (i.e., once per calendar year) 

recertification requirement to ensure the 

continued eligibility of participating 

households. ACP subscribers will be 

given 60 days to respond to a 

recertification effort. Subscribers who 

do not respond or fail ACP 

recertification shall be de-enrolled. 

65. ACP households who are also 

enrolled in Lifeline may rely on their 

Lifeline recertification for purposes of 

the annual recertification requirement 

for the Affordable Connectivity 

Program, which will reduce 

administrative burdens for ACP 

households and participating service 

providers. Where a household enrolled 

in both Lifeline and the Affordable 

Connectivity Program does not respond 

or fails recertification for Lifeline, the 

subscriber will still have an opportunity 

to demonstrate their continued 

eligibility for the Affordable 

Connectivity Program. The Commission 

also directs USAC to identify and 

implement ways to coordinate 

consumer recertification outreach for 

the two programs to minimize consumer 

response burdens and reduce the 

potential for consumer confusion. 

66. For purposes of the annual 

recertification requirement, consistent 

with the approach in Lifeline, USAC 

will conduct recertifications for ACP 

subscribers whose eligibility was 

verified through the National Verifier 

processes and for whom the automated 

database connections in the National 

Verifier will be used whenever possible 

to recertify eligibility. The Commission 

directs USAC to make available an 

online form, paper form, and Interactive 

Voice Response (IVR) option for 

recertifying the eligibility of ACP 

subscribers whose eligibility cannot be 

verified through the National Verifier 

automated database connections. For 


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USAC-conducted recertifications, USAC 

will be responsible for de-enrolling 

subscribers who do not respond or fail 

ACP recertification. For USACconducted subscriber recertifications, 

the Commission directs USAC to 

develop processes to inform 

participating providers about the status 

of USAC’s recertification efforts and 

results for their specific ACP 

subscribers. 

67. For households who enrolled in 

the Affordable Connectivity Program 

based on an approved alternative 

verification process or school-based 

eligibility verification, service providers 

will be required to conduct the 

subscriber recertification. For 

households enrolled in both Lifeline 

and the Affordable Connectivity 

Program, for purposes of recertifying 

eligibility for Lifeline, subscribers can 

only be recertified through the National 

Verifier or State process for the Lifeline 

NLAD opt-out states as applicable. 

Where the National Verifier did not 

initially verify subscribers’ eligibility 

(such as where a provider’s approved 

alternative verification process includes 

eligibility criteria that are unique to the 

provider’s low-income program or 

where the provider, but not USAC, has 

already established a process with 

specific schools to verify subscriber 

eligibility based on participation in a 

free and reduced price school lunch or 

breakfast program) but the service 

provider decides to stop using these 

non-National Verifier methods to verify 

subscriber eligibility, the service 

provider shall notify USAC of that 

decision and USAC will recertify the 

impacted subscribers. Service providers 

conducting recertification based on 

these non-National Verifier subscriber 

eligibility verification methods are 

required to collect and retain the 

necessary subscriber eligibility 

documentation. In addition, where 

service providers conduct subscriber 

recertifications for the Affordable 

Connectivity Program, they must deenroll subscribers who do not respond 

or are no longer eligible. 

68. For purposes of this annual 

recertification requirement, new ACP 

subscribers who enrolled on or after 

December 31, 2021, will not be required 

to recertify their ACP eligibility until 

2023. Legacy EBB subscribers who 

transitioned to the Affordable 

Connectivity Program will need to 

recertify their eligibility for the ACP by 

December 31, 2022. Legacy EBB 

Program subscribers who qualified for 

the EBB Program based on substantial 

loss of income or a provider’s COVID– 

19 Program and already demonstrated 

their ACP eligibility before the end of 

the 60-day transition period will not be 

required to recertify for purposes of the 

Affordable Connectivity Program 

requirements again until 2023. 

6. De-Enrollments 

69. The Commission adopts for the 

Affordable Connectivity Program the 

same de-enrollment rules it adopted for 

the EBB Program and the Lifeline 

program, and continues to allow USAC 

to directly process de-enrollment 

requests from subscribers. For general 

de-enrollments and de-enrollments for 

duplicative support, service providers 

must process the de-enrollment within 

five business days after the expiration of 

the subscriber’s deadline to demonstrate 

eligibility, or within five business days 

of notification from the Administrator 

that the subscriber is receiving more 

than one benefit per household. For deenrollments initiated by the subscriber, 

the service provider must de-enroll the 

subscriber within two business days 

after the de-enrollment request. 

70. ACP households who are subject 

to the usage requirement and do not 

cure their non-usage within 15 days 

must be de-enrolled, and subscribers 

who do not respond or fail 

recertification must also be de-enrolled. 

For de-enrollments for no response or 

failure to recertify, service providers 

must de-enroll the subscriber within 

five business days of the subscriber’s 

time to respond to the recertification 

efforts. As with Lifeline and the EBB 

Program, when a service provider deenrolls a subscriber from the Affordable 

Connectivity Program, the service 

provider must transmit to the NLAD the 

date of the Affordable Connectivity 

Program de-enrollment within one 

business day of de-enrollment. 

C. Covered Services and Devices 

71. Services. The Infrastructure Act 

permits eligible households 

participating in the Affordable 

Connectivity Program to receive a 

discount off the cost of broadband 

service and certain connected devices, 

and participating providers to receive a 

reimbursement for providing such 

discounts. The Infrastructure Act 

defines ‘‘internet service offering’’ as 

broadband internet access service 

provided to a household by a broadband 

provider, and retains the definition of 

broadband internet access service 

provided in 47 CFR 8.1(b). The 

Infrastructure Act further provides that 

the ‘‘affordable connectivity benefit’’ 

means a ‘‘monthly discount for an 

eligible household applied to the actual 

amount charged to such household.’’ 

The Commission interprets the 

Infrastructure Act’s reference to a 

‘‘monthly discount . . . applied to the 

actual amount charged’’ to exclude 

broadband service products that are 

based primarily on the data allowance 

of the product (for example, a purchase 

of 1 GB of data for $5.00) and are sold 

separate from a monthly recurring 

service plan. The Infrastructure Act’s 

application of the affordable 

connectivity benefit as a monthly 

discount off the actual amount charged 

to the subscriber means that service 

plans that are already offered with no 

fee to the end user—for example, as a 

result of Lifeline program support or 

other benefit programs—are not eligible 

for additional or duplicative support 

from the Affordable Connectivity 

Program. 

72. The Infrastructure Act adds a 

requirement that a participating 

provider ‘‘shall allow an eligible 

household to apply the affordable 

connectivity benefit to any internet 

service offering of the participating 

provider, at the same terms available to 

households that are not eligible 

households.’’ The Commission 

interprets ‘‘any internet service 

offering,’’ for any particular customer, to 

include any broadband internet plan in 

which the customer is currently 

enrolled (regardless of whether it is a 

legacy grandfathered plan) as well as 

any broadband internet plan that a 

provider currently offers to new 

customers. The requirement that legacy 

or grandfathered plans be eligible for 

reimbursement does not require that 

providers offer such legacy or 

grandfathered plans to other customers, 

including ACP-eligible customers, that 

are not already on such plans. However, 

providers may not exclude any of their 

generally available or actively sold 

internet service offerings from the 

affordable connectivity benefit. 

73. Due to the volume and unique 

complexities of coding and including 

legacy or grandfathered plans in the 

Affordable Connectivity Program, the 

Commission finds that providers should 

have an additional 60 days after 

publication of the Order in the Federal 

Register to complete necessary changes 

and ensure that the affordable 

connectivity benefit can be applied to 

all generally available and currently 

sold plans. While providers must also 

allow existing subscribers to apply the 

affordable connectivity benefit to legacy 

or grandfathered plans, the Commission 

considers this requirement satisfied if 

providers accommodate requests by 

existing subscribers to apply the 

affordable connectivity benefit to legacy 

or grandfathered plans on a case-by-case 

basis no later than 60 days after the 

request. 


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74. Taxes and governmental fees may 

be included as part of the reimbursable 

internet service offering, since they are 

part of the ‘‘amount charged’’ to a 

consumer. By allowing the benefit to be 

applied to taxes and governmental fees, 

providers can extend to consumers $30 

‘‘all-in’’ broadband offers that include 

taxes and governmental fees and can 

avoid charging small bills for taxes and 

fees alone. 

75. The Commission finds that the 

Infrastructure Act’s requirement that 

providers allow an eligible household to 

apply the Affordable Connectivity 

Program benefit to ‘‘any internet service 

offering of the participating provider, at 

the same terms available to households 

that are not eligible households’’ does 

not preclude providers from making 

internet service offerings that are only 

available to ACP subscribers, provided 

that that the terms are at least as good 

as plans that are available to noneligible households, and that providers 

cannot prevent subscribers from 

applying the affordable connectivity 

benefit to other available internet 

service offerings or restricting such 

internet service offerings in any way. 

However, to ensure minimal disruption 

to existing billing systems and 

processes, the Commission declines to 

require that providers participating in 

the Affordable Connectivity Program 

make available plans not available in a 

given geographic area that they offer 

elsewhere. 

76. The Commission will collect data 

on the service plan characteristics— 

such as upload and download speeds, 

data allowances, and co-payment— 

associated with a subscriber’s service 

plan, so it can gauge whether the 

Affordable Connectivity Program is 

providing value to households beyond 

what the Lifeline program offers and 

whether that value is in-line with 

market rates for broadband services, due 

to the immense value such data could 

provide. The Commission directs the 

Bureau and the Office of Economics and 

Analytics (OEA), with support from 

USAC, to determine appropriate 

avenues to collect service plan 

characteristics, such as possible future 

modifications to NLAD or conducting a 

provider survey, and the specific 

information that service providers must 

submit. The Commission directs the 

Bureau and OEA to balance the value of 

the information collected against the 

burden to service providers and must 

limit their efforts to those necessary to 

carry out the purposes of the Affordable 

Connectivity Program. Consumers 

would benefit from knowing which 

providers offer plans fully covered by 

the household discount and the 

availability of such plans in their area, 

so, the Commission directs USAC to 

make available, where possible, 

information about the availability of 

plans fully covered by the household 

discount. In doing so, USAC should 

consider planned information 

collections as well as other avenues for 

collecting this information while 

minimizing burden to providers. 

77. Minimum Service Standards. 

Congress intended that ‘‘any internet 

service offering’’ be eligible for support 

in the Affordable Connectivity Program, 

47 U.S.C. 1752(b)(7), and imposing 

minimum service standards would 

contradict the Infrastructure Act. 

Internet service offerings must include a 

broadband connection (as defined in 47 

U.S.C. 1752(a)(8))—fixed or mobile— 

that permits households to rely on these 

connections for the purposes essential 

to telework, remote learning, and 

telehealth. 

78. Bulk purchasing arrangements 

and Multiple Dwelling Units (MDUs). 

Eligible households that live at a single 

address, such as senior and student 

living, mobile home parks, apartment 

buildings, and Federal units, and that 

receive service as part of a bulk billing 

arrangement where the households are 

not directly billed for services by their 

internet service provider, but instead 

pay a monthly fee for broadband 

services to their landlord, should be 

permitted to participate in the 

Affordable Connectivity Program. In 

those situations, the participating 

provider claiming reimbursement must 

retain documentation demonstrating 

that the amount claimed by the provider 

is fully passed through to the eligible 

household as a discount off the monthly 

price that the eligible household 

otherwise would have paid to the bulk 

purchaser. Providers are required to 

retain documentation demonstrating the 

identity of the entity or entities through 

which the discount was passed, the 

eligible households who received the 

service, and consent by the eligible 

household allowing the participating 

provider to seek reimbursement. 

Homeless shelters, school districts, and 

libraries can also be considered bulk 

purchasers and allowed in the 

Affordable Connectivity Program, 

provided that the arrangements are set 

up in compliance with this Order. 

79. Reimbursement will be 

permissible in MDUs—as it is with the 

typical provider/household 

relationship—where applying the 

affordable connectivity benefit to the 

household’s broadband bill will result 

in the household not having a cost for 

broadband. In cases where the 

household does not pay a fee for the 

service, either to the provider or a bulk 

purchaser/aggregator, but the fee is paid 

by another entity, the service cannot be 

claimed for Affordable Connectivity 

Program support. However, if the 

household stops having the third party 

pay for the household’s bill and instead 

seeks the discount through the 

Affordable Connectivity Program, the 

provider may seek reimbursement for 

the service. 

80. In many cases, an MDU such as a 

large apartment building may have WiFi deployed to an entire building as the 

broadband internet available to its 

residents. Such service qualifies as 

broadband internet access service 

eligible for reimbursement in the 

Affordable Connectivity Program, but 

eligible households must be charged a 

monthly fee for such service to be 

reimbursable. 

81. A certification by the bulk 

purchasing entity that the discount from 

the service provider is fully passed 

through to the eligible households 

located in the MDU is not sufficient to 

demonstrate compliance with program 

rules. Documentation serves a critical 

role to protect against abuse in the 

program, and documentation 

requirements are particularly important 

where there is not a direct relationship 

between the broadband provider and the 

eligible household. The Commission 

therefore declines to allow a 

certification from the bulk purchaser as 

evidence that the discount has been 

passed through to the eligible 

household. 

82. Bundled Service Offerings. 

Bundled service offerings such as those 

offering voice, data, and texting could 

be eligible for the affordable 

connectivity benefit, but the full benefit 

will not be allowed to be applied to the 

full price of broadband-bundled video 

service. While reimbursement cannot go 

toward the whole value of a bundle that 

includes video, the data, voice, and/or 

text messaging portions of the bundle 

can be reimbursable, but the video 

portion of any bundle must be 

apportioned out before determining the 

amount that is reimbursable for 

broadband purposes of the Affordable 

Connectivity Program. Fixed and mobile 

bundled services can be supported by 

the Affordable Connectivity Program, 

with the understanding that households 

with such bundles will only be entitled 

to a single benefit. 

83. Associated Equipment and Other 

Customer Premises Equipment. The 

affordable connectivity benefit discount 

must be provided for internet service 

and associated equipment necessary for 

the transmission functions of the 

supported internet service offering, 


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including monthly rental costs for 

equipment such as modems, routers, 

and hotspot devices and antennas. 

Associated equipment should be eligible 

to be reimbursed as part of the service 

benefit. 

84. Connected Devices. A 

participating provider that provides an 

ACP-supported broadband service to a 

household may be reimbursed up to 

$100 for a connected device delivered to 

the household, provided that the charge 

to such eligible household is more than 

$10 but less than $50 for such 

connected device (defined in the statute 

as a laptop, desktop computer, or a 

tablet). Because the statute does not 

include cellular phones or smartphones 

in the definition of ‘‘connected 

devices,’’ a connected device cannot 

include devices that can independently 

make cellular calls such as large phones 

or ‘‘phablets.’’ 

85. Minimum System Requirements 

for Connected Devices. A connected 

device supported by the Affordable 

Connectivity Program must support 

video conferencing platforms and other 

software essential to ensure full 

participation in online learning, be WiFi enabled, have video and camera 

functions, and be accessible to and 

usable by those with disabilities. The 

device must be able to connect to all WiFi access points and cannot be limited 

to use with any specific service 

provider. 

86. Application of Section 54.10. The 

requirements of 47 CFR 54.10 apply to 

the Affordable Connectivity Program. 

Thus, Affordable Connectivity Program 

funds cannot be used to purchase or 

obtain a connected device (i.e., laptop, 

desktop computer, or tablet) that is on 

a Covered List—i.e., ‘‘poses an 

unacceptable risk to the national 

security of the United States or the 

security and safety of United States 

persons.’’ 47 CFR 1.50002(b)(1). 

Providers must certify that the 

connected device that they are seeking 

reimbursement for complies with 47 

CFR 54.10. 

D. Reimbursement 

1. Reimbursement for the Affordable 

Connectivity Benefit 

87. The Commission adopts in its 

rules the Infrastructure Act’s $30.00 

standard monthly discount and 

reimbursement rate. To be reimbursed, 

providers are required to submit a 

reimbursement request based on the 

number of subscribers enrolled in NLAD 

on the snapshot date. Providers must 

review the snapshot report, validate the 

subscribers for which they are 

requesting reimbursement, indicate a 

reason for any unclaimed subscribers, 

and review, correct, and certify the 

requested reimbursement amount. The 

Commission will use the Lifeline Claims 

Systems to manage the reimbursement 

process for the Affordable Connectivity 

Program and will apply the uniform 

snapshot date approach for capturing 

the subscribers enrolled in NLAD on the 

first of the month that are eligible to be 

claimed for that month. The 

Commission declines to permit partial 

month, pro-rated reimbursement at this 

time. 

88. The Commission requires that, 

when applying the affordable 

connectivity benefit to a Lifeline 

service, providers first apply the full 

Federal Lifeline subsidy and then the 

Federal affordable connectivity benefit. 

States may offer their own Lifeline and/ 

or other broadband affordability 

benefits, and the Commission will defer 

to any State on how that additional 

benefit should be applied in 

conjunction with the Federal affordable 

connectivity benefit. 

89. To ensure that providers have 

sufficient time to submit certified 

reimbursement claims and USAC can 

administer the program efficiently, 

providers are allowed six months from 

the uniform snapshot date, or the 

following business day in the event six 

months falls on a weekend or holiday, 

to submit to USAC their certified 

reimbursement claims for both service 

and connected device support for 

households captured on the snapshot 

report. 

90. Providers may submit upward 

revisions to their certified claims within 

the same six-month time period after the 

snapshot date that certified 

reimbursement claims are due. 

Providers must disclose non-compliant 

conduct and return improperly received 

funds from this Program to the 

Commission and can submit downward 

revisions beyond the six-month time 

period. Moreover, providers cannot 

delay contacting USAC about the need 

to repay improperly received funds or 

downwardly revise their claims if they 

become aware of an improper payment. 

91. The Commission delegates to the 

Bureau and OMD the authority to 

establish a different timeline to submit 

certified reimbursement claims and 

revisions to such claims as a result of 

projections and forecasts of when the 

Affordable Connectivity Fund is 

winding down or to the extent necessary 

to comply with government-wide 

Federal financial statutes and/or U.S. 

Treasury procedures. See, e.g., 31 U.S.C. 

3528; see also 47 CFR 0.11(a)(3)–(4), 

(a)(8) (scope of OMD’s delegated 

authority); 47 CFR 0.5(e) (requiring 

Bureau and Office coordination with the 

Office of the Managing Director on 

recommendations ‘‘that may affect 

agency compliance with Federal 

financial management requirements’’). 

92. Tribal Lands Benefit. The 

Affordable Connectivity Program retains 

the enhanced, $75.00 per month subsidy 

for eligible households located on Tribal 

lands. The Commission uses the same 

definition of Tribal lands as used in the 

Lifeline and EBB Programs, including 

certain lands near the Navajo Nation 

treated as Tribal lands. Existing USAC 

processes will be used to verify 

eligibility of households on Tribal 

lands. The definition of Tribal lands 

from Lifeline includes any land 

designated as such pursuant to the 

designation process in 47 CFR 54.412. 

93. The Infrastructure Act provides 

for a separate enhanced benefit for 

households that are served by providers 

in high-cost areas. 47 U.S.C. 

1752(a)(7)(B). The Commission seeks 

comment on the implementation of this 

enhanced benefit in the Further Notice 

of Proposed Rulemaking. 

94. Certification Requirements. The 

Infrastructure Act requires providers to 

certify that each household for which 

the provider is seeking reimbursements 

will not be charged an early termination 

fee if it later terminates a contract, that 

each household was not subject to a 

mandatory waiting period, and that each 

household will be subject to a 

participating provider’s generally 

applicable terms and conditions. 

Providers are also required to certify 

that each household for which the 

provider is claiming reimbursement for 

a connected device discount has been 

charged the required co-pay. Providers 

claiming a household whose eligibility 

was determined by the provider’s 

alternative verification process must 

also certify that such households were 

verified by a process that was designed 

to avoid waste, fraud and abuse. The 

Commission requires that these 

certifications accompany each request 

for reimbursement by participating 

providers, that each certification be 

submitted under penalty of perjury, and 

that the provider it has not charged and 

will not charge the household for the 

amount the provider is seeking for 

reimbursement. The Commission directs 

USAC to make any adjustments 

necessary to the LCS to ensure that 

providers are prompted to certify the 

statements included in 47 U.S.C. 

1752(b)(6). 

2. Reimbursement for Connected 

Devices 

95. A provider may not receive 

reimbursement for more than one 


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connected device per household, 47 

U.S.C. 1752(b)(5), and a household that 

received a connected device through the 

EBB Program may not receive another 

through the Affordable Connectivity 

Program. 

96. A market value-based approach 

will be used for reimbursement of 

connected devices, with the enhanced 

accountability requirements discussed 

following. Under the market-based 

approach, providers may be reimbursed 

up to the statutory $100 limit, provided 

that the amount of reimbursement 

together with the co-pay does not 

exceed the market value of the 

connected device. 47 U.S.C. 1752(b)(5). 

Providers that seek device 

reimbursement through the 

Affordability Connectivity Program will 

be required to submit device 

characteristics as well as characteristics 

and retail price information about 

analogous devices. The price 

information from at least one of these 

analogous devices must be available 

from a major retailer, such as Amazon, 

Apple, B&H, BJ’s, Barnes and Noble, 

Best Buy, Lenovo, Micro Center (Micro 

Electronics), Microsoft, Newegg, Office 

Depot, Office Max, Sam’s Club, 

Samsung, Staples, Target, TigerDirect, 

and Walmart (not including third-party 

sellers on any of these retailers’ 

websites). If a provider is unable to 

submit such information about 

comparable products, it will be required 

to substantiate its claim for the market 

value. 

97. Providers seeking to claim 

reimbursement for connected device 

discounts must submit information 

regarding the device supplied to the 

household prior to claiming 

reimbursement for a connected device. 

The provider must submit information 

to USAC about device type, device 

make, device model, device 

characteristics (e.g., screen size, storage, 

memory), subscriber ID of the 

household that received the device, date 

the device was delivered to the 

household, method used to provide the 

device (shipped, in store, or installed by 

provider), market value of the device, 

amount paid by the household to the 

provider for the device, and supporting 

documentation. The Commission also 

directs USAC to adjust the 

reimbursement amount for any 

connected device claim if the market 

value asserted by the provider does not 

reflect market value as compared to 

analogous devices offered by other 

participating providers or publicly 

available information. 

98. Providers seeking reimbursement 

for a connected device must certify, 

under penalty of perjury, that the 

reimbursement claim for the connected 

device plus the co-pay amount collected 

from the customer does not exceed the 

device’s market value. In addition, 

providers are required to retain any 

materials that document compliance 

with these requirements and 

demonstrate the accuracy of the 

information provided to USAC and 

make them available for inspection 

upon request. 

99. Participating providers must 

actually charge the household a copayment of more than $10 but less than 

$50 before they can receive 

reimbursement of up to $100 for a 

connected device. Providers are 

required to retain documentation 

proving that the eligible household 

made a compliant financial contribution 

towards the cost of the connected 

device, as well as the amount thereof, 

before the provider seeks 

reimbursement. Providers must update 

their election notices to include 

information on device type, device 

make, device model, and wholesale cost 

of the device. Proof of consumer 

payment of the appropriate co-pay 

amount must be provided upon request 

by USAC, the Bureau, the Enforcement 

Bureau (EB), or any other program 

auditor or investigator. 

100. A provider may seek 

reimbursement for a connected device 

provided to a household that had been 

receiving an ACP-supported service 

from that provider at the time the device 

was supplied to the household, even if 

the household subsequently transfers its 

ACP service benefit to a different 

provider. The Commission directs 

USAC to maintain the connected device 

dispute process implemented for the 

EBB Program. 

E. Consumer Protection 

1. Credit Check Prohibition 

101. The Infrastructure Act prohibits 

providers from ‘‘requir[ing] the eligible 

household to submit to a credit check in 

order to apply the affordable 

connectivity benefit.’’ 47 U.S.C. 

1752(b)(7)(A)(ii). The Commission finds 

that this provision bars providers from 

considering the results of a credit check 

before deciding to enroll a household in 

the Affordable Connectivity Program, 

but it does not prohibit a provider from 

running credit checks that are routinely 

used as part of the provider’s sign-up 

process for all consumers. Providers 

may not use credit check results to 

determine to which ACP-supported 

internet service plan an eligible 

household can apply their affordable 

connectivity benefit, to restrict the type 

of plans available to a household, or to 

decline to transfer a currently enrolled 

household’s affordable connectivity 

benefit. 

102. The Infrastructure Act does not 

prevent providers from running a credit 

check or from using the results of the 

credit check in other circumstances 

unrelated to the affordable connectivity 

benefit. The credit check provision does 

not prohibit providers from relying on 

the results of a credit check for an ACPeligible household to determine the 

devices and equipment not supported 

by the Affordable Connectivity Program 

that may be offered to the household. 

The statute does not prohibit providers 

from using credit checks to determine a 

household’s eligibility to access 

bundled services so long as the credit 

check is used to determine eligibility to 

receive the service that is not eligible for 

the affordable connectivity benefit and 

the household can receive the 

broadband component of the bundle on 

a standalone basis regardless of the 

results of the credit check. Finally, the 

Infrastructure Act’s credit check 

provision should not be interpreted as 

preventing providers from running a 

credit check consistent with the 

requirements of the Federal Trade 

Commission’s ‘‘Red Flag Laws.’’ 

2. Non-Payment 

103. The Infrastructure Act specifies 

that ‘‘a participating provider [may] 

terminat[e] the provision of broadband 

internet access service to a subscriber 

after 90 days of nonpayment.’’ 47 U.S.C. 

1752(b)(7)(A)(ii). The 90 consecutive 

days of non-payment commences on the 

due date of the bill where payments 

made after that point for ACP-supported 

services would be past due. A bill is not 

considered ‘‘unpaid’’—and thus, there is 

no ‘‘nonpayment’’—until after the 

payment due date specified on the bill 

has passed and the subscriber has failed 

to satisfy the obligation to pay the bill 

in a timely manner. Accordingly, for 

purposes of 47 U.S.C. 1752(b)(7)(B), the 

90-day period of ‘‘nonpayment’’ begins 

on the due date specified on the bill 

when the bill may be deemed ‘‘unpaid’’ 

and late fees may begin to accrue. This 

provision does not apply to prepaid 

plans because prepaid customers do not 

receive invoices and are not expected to 

pay at monthly intervals. 

104. The Commission interprets the 

provision that allows providers to 

terminate service after 90 days of nonpayment, in conjunction with the 

requirement that providers cannot 

decline to enroll an eligible household 

based on any ‘‘past or present arrearages 

with a broadband provider,’’ to mean 

that although a provider may terminate 

a household’s broadband service after 


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90 days of non-payment, the provider 

cannot deny a household’s reenrollment based on past or present 

arrearages. When providers re-enroll 

ACP households whose service is 

terminated for non-payment, they may 

limit the offerings made available to the 

household to offerings that would be 

fully covered by the affordable 

connectivity benefit and any other 

applicable benefit, such as Lifeline, will 

protect consumers and providers by 

limiting the accrual of any additional 

ACP-related debt. Households that are 

downgraded from their current 

grandfathered or legacy plan must be 

permitted to return to that grandfathered 

or legacy plan at a later time. However, 

a provider may decline to return a 

household to a grandfathered or legacy 

plan if the provider would have been 

within its rights to remove the 

household from that plan irrespective of 

that household’s participation in 

Affordable Connectivity Program. 

Limiting the plans available to a 

household as described here would not 

constitute inappropriate downselling. 

105. The Commission clarifies that 

the termination for non-payment is 

limited to debts associated with any outof-pocket expenses for the ACPsupported service, and providers should 

not consider any non-payment 

associated with non-ACP supported 

services, EBB-supported service, or 

other debt that predates the Affordable 

Connectivity Program. 

106. Providers may downgrade a 

household to a lower-priced service 

plan once the consumer enters a 

delinquent status after the bill due date 

to mitigate the non-payment amount 

upon advance notice to the household 

of the change in service. Such a transfer 

of a household in non-payment status to 

a lower-priced service plan in order to 

mitigate the non-payment does not 

constitute inappropriate downselling. 

107. A provider must take apply the 

affordable connectivity benefit to a 

household’s account no later than the 

start of the first billing cycle after the 

household’s enrollment. A provider 

must pass through the discount in order 

to claim reimbursement for the discount 

in the Affordable Connectivity Program. 

Providers may not, for example, charge 

a customer for the internet service 

offering, certify a claim for 

reimbursement, and then later provide 

the discount to the customer only after 

receiving the reimbursement. Failure to 

comply with these rules may result in 

administrative forfeitures or other 

penalties. 

108. A provider cannot de-enroll a 

household for non-payment if the 

provider has failed to timely apply the 

benefit to the household’s bill consistent 

with this Order. To track households 

that could be de-enrolled for nonpayment associated with the ACPsupported service, as well as to support 

tracking households which would be 

subject to the non-usage rules, the 

Commission directs USAC to collect 

from providers information regarding 

whether a household is assessed and 

charged a fee for the ACP-supported 

service. Providers must certify, under 

penalty of perjury, that the affordable 

connectivity benefit was in fact applied 

to the households for which the 

provider is submitting a claim for 

reimbursement. Providers must 

document and retain proof that the 

program benefit was in fact applied to 

the household’s account prior to the 

provider submitting a claim for 

reimbursement for that household. 

109. Participating providers must give 

adequate notice to a household of their 

delinquent status before terminating the 

household’s service for non-payment. 

The provider must provide the 

household written notice of the possible 

termination 60 and 30 days prior to the 

termination date, which must be set 

from the due date of the bill. The 

written notice must include the balance 

due to the provider, the due date for the 

outstanding balance, the last date of 

service if the outstanding balance is not 

paid, instructions for payment, and the 

provider’s customer service phone 

number. Notice must also be provided 

in formats accessible to individuals with 

disabilities, and may be delivered via 

email, mail, billing insert or statement, 

or text message. Providers must retain 

documentation of notice sent to the 

household before the household is 

disconnected for non-payment. 

Households that dispute an allegation of 

non-payment with the provider may file 

a complaint with the FCC’s Consumer 

Complaint Center. 

3. Consumer Complaint Process 

110. Dedicated ACP Complaint 

Process. The Infrastructure Act requires 

the Commission to establish a dedicated 

complaint process for Affordable 

Connectivity Program participants to 

file complaints about the compliance of 

participating providers with program 

rules and requirements, including 

complaints ‘‘with respect to the quality 

of service received under the Program.’’ 

47 U.S.C. 1752(b)(9)(A). The 

Commission is adding a dedicated 

pathway within its existing consumer 

complaint process in the Consumer 

Complaint Center to file ACP-related 

complaints, including notification to 

providers that the complaint involves 

the Affordable Connectivity Program, 

clear direction to consumers on how to 

correctly file an ACP complaint, and 

dedicated FCC staff from Consumer and 

Governmental Affairs Bureau (CGB) to 

review and process the complaints. 

111. Provision of Information on the 

Dedicated ACP Complaint Process. The 

Infrastructure Act also requires 

participating providers to provide 

Affordable Connectivity Program 

participants with information on the 

Commission’s dedicated complaint 

process. 47 U.S.C. 1752(b)(9)(B). The 

Commission requires participating 

providers to prominently display the 

Commission’s contact center phone 

number and the website address for the 

Consumer Complaint Center on the 

subscriber’s bill and on the provider’s 

ACP web page. The Commission also 

requires participating providers to 

inform consumers of their right to file a 

complaint with the Commission 

regarding an ACP-supported service or 

any difficulty enrolling with the 

provider. Participating providers must 

provide this information to ACP 

consumers in the formats proposed in 

the ACP Public Notice. ACP Public 

Notice, 86 FR at 74043, para. 87 Reports 

Regarding Consumer Complaints. The 

Infrastructure Act also requires the 

Commission to regularly issue public 

reports regarding consumer complaints 

alleging provider non-compliance with 

the Affordable Connectivity Program 

rules. 47 U.S.C. 1752(b)(9)(D). The 

Commission directs CGB, in 

coordination with the Bureau, to 

regularly issue public reports regarding 

consumer complaints alleging provider 

non-compliance with ACP rules, to 

make these reports available to the 

public via the FCC website, and, in 

coordination with the Bureau and the 

Senior Agency Official for Privacy, to 

ensure that any personally identifiable 

information (PII) be excluded from 

complaint reports and data made 

publicly available to ensure compliance 

with the Privacy Act, 5 U.S.C. 552a. 

112. Investigations and Enforcement. 

The Infrastructure Act also requires the 

Commission to act expeditiously to 

investigate potential violations of 

program rules and requirements and 

enforce compliance, and it permits the 

Commission to impose forfeiture 

penalties to enforce compliance. 47 

U.S.C. 1752(b)(9)(C)(i)–(ii). The 

Commission will use its existing, 

statutorily permitted enforcement 

powers to initiate investigations of 

program rule violations and directs EB, 

in coordination with the Bureau and 

law enforcement as applicable, to 

expeditiously investigate potential 

violations of and enforce the ACP rules. 


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4. Additional Consumer Protections 

a. Administrative Procedure 

113. The Infrastructure Act directs the 

Commission to promulgate certain 

specific consumer protection rules 

‘‘after providing notice and opportunity 

for comment in accordance with [5 

U.S.C.] 553,’’ which sets forth the 

rulemaking requirements of the 

Administrative Procedure Act (APA). 47 

U.S.C. 1752(b)(11)(A). At the same time, 

47 U.S.C. 1752(h) provides an 

exemption from APA requirements for 

‘‘regulation[s] promulgated under 

subsection (c),’’and 47 U.S.C. 1752(c) 

requires that the Commission 

‘‘promulgate regulations to implement’’ 

these requirements by a date ‘‘not later 

than 60 days after enactment of this 

Act’’ and specifies initial comment and 

reply comment periods of 20 days each. 

114. The Commission believes that 

there is no irreconcilable conflict 

between these provisions and that, read 

together, they support the adoption of 

the 47 U.S.C. 1752(b)(11) consumer 

protection rules here. By referring to the 

APA specifically in 47 U.S.C. 

1752(b)(11), Congress intended to 

emphasize that the Commission should 

carefully consider the input of 

commenters in crafting the consumer 

protection rules. Given the tight, 

statutorily mandated timeframe for 

standing up the Affordable Connectivity 

Program and the essentiality of 

consumer protection rules to the proper 

functioning of the program, the 

Commission finds that the notice and 

comment process the Commission has 

provided, in accordance with 47 U.S.C. 

1752(c), is sufficient to satisfy the APA 

requirements in 5 U.S.C. 553(b). The 

ACP Public Notice was published in the 

Federal Register on December 29, 2021 

(see 86 FR 74036) and it contains the 

information specified in section 

553(b)(1)–(3), including detailed 

questions about the particular 

inappropriate practices referenced in 47 

U.S.C. 1752(b)(11). Given the 

requirements in the Act to commence 

the rulemaking implementing the 

Affordable Connectivity Program within 

five days of the enactment of the Act 

and to adopt program rules within 60 

days, and the inextricable relationship 

between the consumer protection rules 

and the other components of the 

program, the Commission finds that it 

has satisfied the notice requirement in 

5 U.S.C. 553(b), as well as the 

requirements in 5 U.S.C. 553(c) to ‘‘give 

interested persons an opportunity to 

participate in the rule making through 

submission of written data, views, or 

arguments’’ and to ‘‘consider[ ] the 

relevant matter presented’’ in those 

submissions when formulating the 

consumer protection rules. 

115. Moreover, in the alternative, to 

the extent the procedures required by 47 

U.S.C. 1752(c) cannot be squared with 

the process required by 47 U.S.C. 

1752(b)(11), the Commission finds 

‘‘good cause’’ to depart from the 

standard APA notice and comment 

procedures because placing the 

consumer protection rules on a delayed 

track would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5 U.S.C. 553(b)(3)(B). It would 

be impracticable and contrary to the 

public interest to adopt consumer 

protection rules using procedures that 

would operate more slowly than those 

the Commission use to adopt the rules 

implementing other aspects of the 

Affordable Connectivity Program. The 

consumer protection rules are among 

the core components of the program, 

and allowing the rest of the program to 

take effect without having the 

statutorily-mandated consumer 

protections in place at the outset of the 

program would undermine the overall 

scheme. The Affordable Connectivity 

Program will enable eligible consumers 

to apply the Affordable Connectivity 

Benefit to ‘‘any’’ internet service 

offering of a participating provider, 47 

U.S.C. 1752(b)(7), and consumers could 

effectively be denied that entitlement if 

participating providers were allowed to 

engage in harmful business practices 

that could trap consumers in poor 

service and deny households of the full 

benefit and freedom to choose an 

appropriate service. See 47 U.S.C. 

1752(b)(11)(A). Consistent with this 

determination, the Commission also 

finds under the Congressional Review 

Act that there is good cause to expedite 

the effective date of these rules and not 

to delay their effective date for 60 days 

pending Congressional review. See 5 

U.S.C. 808(2). 

b. Consumer Protection Requirements 

Pursuant to 47 U.S.C. 1752(b)(11) 

116. Upselling and Downselling. The 

Infrastructure Act requires the 

Commission to promulgate rules 

prohibiting any inappropriate upselling 

or downselling by a participating 

provider. 47 U.S.C. 1752(b)(11)(A)(i). 

Inappropriate upselling in the context of 

the Affordable Connectivity Program is 

any business practice that pressures a 

prospective or existing subscriber to 

purchase a service plan or bundled plan 

in addition to or that is more expensive 

than what the subscriber initially 

sought. For example, requiring a 

household to select or switch to a 

higher-cost service plan with their 

existing provider before the provider 

will enroll the household or before the 

provider will apply the affordable 

connectivity benefit to the household’s 

account constitutes inappropriate 

upselling and is prohibited. Similarly, if 

a provider offers a particular broadband 

service offering either as part of a 

bundled plan with other services or on 

a stand-alone basis, the provider may 

not require an eligible household to 

purchase the bundled plan or any other 

services included in the bundle as a 

mandatory condition in order to select 

that broadband internet access service 

plan for purchase or application of the 

affordable connectivity benefit. Nor may 

the provider exert pressure on the 

household to purchase the bundled plan 

or the other services included in such a 

plan, rather than the individual 

broadband internet access service on a 

stand-alone basis. And even if a 

particular type of modem, router, or 

other associated equipment is 

technically necessary in order to use a 

specific type of broadband internet 

access service, a participating provider 

may not compel or pressure an eligible 

household to purchase or rent such 

equipment from the provider in 

conjunction with selecting (or applying 

the benefit to) that type of service if the 

needed equipment is also available from 

other vendors and the household could 

opt to obtain it from someone other than 

the provider. 

117. However, communicating 

information regarding higher-speed or 

higher-priced service tiers is not in itself 

prohibited upselling in the absence of 

further evidence. In fact, given the 

monthly subsidy available in the 

program, a fully informed consumer 

may choose to subscribe to a more 

expensive plan that better meets the 

needs of the household. To ensure that 

consumers are sufficiently informed of 

the available options, the Commission 

requires providers to inform prospective 

and current subscribers seeking to enroll 

in the Affordable Connectivity Program 

or seeking to change service plans of all 

ACP-supported plans available in the 

household’s service area that are fully 

covered by the affordable connectivity 

benefit. Such plan information is 

required to be presented along with the 

required disclosures a provider must 

present to households prior to 

enrollment, described further following. 

The creation or promotion of new 

service plans specially priced for 

eligible households in the Affordable 

Connectivity Program does not 

constitute inappropriate upselling. 

118. Inappropriate downselling in the 

context of the Affordable Connectivity 

Program is any business practice that 

pressures a subscriber to lower the 


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quality of broadband service (such as 

reducing bandwidth or speed, or adding 

or lowering data caps that would not 

meet the participating household’s 

needs) to the benefit of the provider 

rather than the consumer. Not all 

downselling should be prohibited: 

Merely suggesting or mentioning the 

availability of a lower-price service 

plan(s) that would satisfy consumers’ 

broadband needs is permitted. However, 

certain practices may constitute 

inappropriate downselling and should 

be prohibited to avoid potential 

consumer harm. Specifically, the 

Commission prohibits a provider from 

requiring a prospective or current 

household to change to a lower-cost 

service plan or to choose from a set of 

specific low-cost service plans before 

permitting the household to enroll in 

the program or before applying the 

affordable connectivity benefit to the 

household’s account. Inappropriate 

downselling also includes business 

practices that aim to benefit the 

provider (such as minimizing the 

provider’s out-of-pocket expenses) with 

no actual benefit to the consumer. For 

example, suggesting only low-quality 

service plans with a low data cap or low 

speed simply to benefit the provider and 

without regard to consumer need would 

be prohibited inappropriate 

downselling. 

119. Extended Service Contracts. The 

Infrastructure Act requires that the 

Commission promulgate rules that 

would protect ACP consumers from any 

inappropriate requirements that a 

consumer opt-in to an extended service 

contract as a condition of participating 

in the Affordable Connectivity Program. 

47 U.S.C. 1752(b)(11)(A)(i). While not 

all extended service contracts are 

prohibited in the Affordable 

Connectivity Program, providers are 

prohibited from requiring agreement to 

an extended service plan as a condition 

of receiving the affordable connectivity 

benefit. 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. Typically, a 

breach of an extended service contract 

would result in early termination fees. 

Congress recognized that consumers 

should be able to apply the ACP benefit 

to any available service plan and some 

participating providers offer plans with 

extended service contracts. However, 

conditioning a household’s enrollment 

in the Affordable Connectivity Program 

or application of the program benefit to 

the household’s account on agreement 

to an extended contract or continuing 

service with the provider is prohibited. 

Where an ACP household elects an 

extended service contract, the 

Commission requires the provider to 

notify the household that it may change 

its service at any time without incurring 

an early termination fee, as such fees are 

prohibited by the Infrastructure Act. 47 

U.S.C. 1752(b)(6)(A)(i). In addition, 

providers must disclose all material 

terms to ACP households prior to 

enrollment, including but not limited to 

the price of service and the conditions 

for breach. 

120. Restrictions on Switching Service 

Offerings. The Infrastructure Act 

requires the Commission to promulgate 

rules to protect consumers from 

inappropriate restrictions imposed by a 

participating provider on the 

consumer’s ability to switch internet 

service offerings. 47 U.S.C. 

1752(b)(11)(A)(iv). The Commission 

prohibits providers from imposing 

restrictions on switching internet 

service offerings. However, it is not 

inappropriate for a provider to limit a 

household that is in non-payment status 

to service plans covered by the full 

benefit amount, as discussed preceding. 

121. Restrictions on Switching 

Providers. The Infrastructure Act also 

requires the Commission to promulgate 

rules to protect consumers from any 

inappropriate restrictions by a 

participating provider on the ability of 

the household to switch participating 

providers other than a requirement that 

the household return customer premises 

equipment provided by the participating 

provider. 47 U.S.C. 1752(b)(6)(A)(i)–(iii). 

The Commission prohibits any provider 

practice that is reasonably likely to 

cause a household to believe that they 

are prohibited or restricted from 

transferring their benefit to a different 

provider. Examples include, but are not 

limited to: Misrepresenting or failing to 

accurately disclose to a household the 

rules and requirements regarding 

transfers in the Affordable Connectivity 

Program as set out further following; 

charging a fee to the household for 

transferring their benefit to another 

provider; or suggesting that the provider 

may change the consumer’s service plan 

if they transfer their benefit to another 

provider. 

122. The Commission declines at this 

time to prohibit providers from 

recouping any forgone reimbursements 

as a result of the consumer transferring 

to another provider before the snapshot 

date for that service month, but cautions 

that providers must not impose or 

threaten to impose any fees or penalties 

to discourage or disincentivize a 

consumer from transferring their ACP 

benefit. The Commission finds that 

limiting subscribers to one transfer a 

month, coupled with the strengthening 

of the consent and disclosure 

requirements related to transfers, should 

reduce the number of unwanted 

transfers and will empower consumers 

to make an informed decision about 

whether to transfer their benefit. 

Therefore, the Commission finds that at 

this time, preventing providers from 

recovering discounts that are unable to 

be claimed solely as a result of the 

transfer is unnecessary to protect 

consumers from the consequences of the 

transfer. 

123. Unjust and Unreasonable 

Practices. The Infrastructure Act 

requires the Commission to promulgate 

rules related to unjust and unreasonable 

acts or practices that would undermine 

the purpose, intent, or integrity of the 

Affordable Connectivity Program. 47 

U.S.C. 1752(b)(11)(A)(v). To protect ACP 

households against service provider 

activities that would undermine the 

purposes, intent or integrity of the 

Affordable Connectivity Program, the 

Commission requires providers to enroll 

an eligible household as soon as 

practicable once the provider receives 

the household’s affirmative consent to 

enroll with that provider for the 

Affordable Connectivity Program. 

Providers are further required to apply 

the affordable connectivity benefit to the 

household’s account promptly. 

124. A provider is prohibited from 

advertising or holding itself out as a 

participating provider if it is not in fact 

permitted to participate in the Program. 

The Commission also prohibits 

providers from engaging in false or 

misleading advertising of the Affordable 

Connectivity Program. Failure to timely 

provide the service, equipment, or 

devices that are advertised, promoted, 

or marketed is an unjust and 

unreasonable practice and is a violation 

of the Affordable Connectivity Program 

rules. Providers must deliver any 

connected devices under the program 

within 30 days of affirmative consent to 

receive the device from the household. 

5. Disclosures and Consumer Consent 

125. General Disclosure 

Requirements. The Commission finds 

that requiring certain disclosures prior 

to enrolling consumers in the Affordable 

Connectivity Program is necessary to 

ensure that eligible consumers are fully 

informed of their rights and the terms 

and conditions for their service before 

enrollment in the Affordable 

Connectivity Program. The disclosure 

requirements the Commission adopts for 

the Affordable Connectivity Program 

must be satisfied before participating 

providers enroll an eligible consumer in 


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the NLAD, and they apply regardless of 

whether the eligible consumer currently 

receives service from the provider (such 

as an existing Lifeline service) or will 

begin receiving service after enrollment, 

or after service provider transfer, in the 

Affordable Connectivity Program. 

126. The required disclosures can be 

provided orally or in writing, and must 

convey the following information in 

clear, easily understood terms that: (1) 

The Affordable Connectivity Program is 

a government program that reduces the 

customer’s broadband internet access 

service bill; (2) the household may 

obtain ACP-supported broadband 

service from any participating provider 

of its choosing; (3) the household may 

apply the ACP benefit to any broadband 

service offering of the participating 

provider at the same terms available to 

households that are not eligible for ACPsupported service; (4) the provider may 

disconnect the household’s ACPsupported service after 90 consecutive 

days of non-payment; (5) the household 

will be subject to the provider’s 

undiscounted rates and general terms 

and conditions if the 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 (6) the household may file a 

complaint against its provider via the 

Commission’s Consumer Complaint 

Center. If the provider offers a 

connected device through the 

Affordable Connectivity Program, the 

disclosures must also include language 

stating that the household does not need 

to accept the device in order to enroll 

in the program. Providers must also 

inform consumers about the provider’s 

ACP-supported service plans that are 

fully covered by the applicable 

affordable connectivity benefit amount 

to guard against inappropriate upselling. 

Providers must retain all documentation 

or recordings of written or oral 

disclosures made to consumers in 

connection with ACP enrollment, as 

well as any other oral or written 

notifications and consumer disclosures 

required by the ACP rules consistent 

with the ACP recordkeeping 

requirements, and make them available 

for inspection upon request. 

Standardized language for the required 

consumer disclosures would ensure that 

all providers share the same language 

with eligible consumers prior to 

enrollment. Accordingly, the 

Commission directs the Bureau, in 

coordination with EB and CGB, to adopt 

a standard disclosure statement that all 

providers will be required to use. 

127. Consumer Consent to Enroll in 

the Affordable Connectivity Program. 

Before enrolling a consumer in the 

Affordable Connectivity Program, 

participating providers must 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. As 

with the required disclosures, the 

Commission finds that having uniform 

text for these consents would ensure 

that consumers actually affirmatively 

consented to enroll in the Program. The 

Commission directs the Bureau, in 

coordination with EB and CGB, to adopt 

a standard consent statement that 

providers will also be required to use in 

conjunction with the disclosures before 

enrolling eligible consumers in the 

Affordable Connectivity Program. 

Providers must retain all documentation 

or recordings of written or oral 

notifications and consumer consents 

and make them available for inspection 

upon request. 

128. The practices of linking program 

enrollment to implementation of 

technical changes necessary to retain 

the subscriber’s existing service or 

automatically enrolling subscribers that 

provided information needed for 

another purpose may be deceptive and 

would have a deleterious effect on the 

integrity of the Affordable Connectivity 

Program. Accordingly, the Commission 

prohibits participating providers from 

linking enrollment in the Affordable 

Connectivity Program to some other 

action or information supplied to the 

provider for purposes other than the 

Affordable Connectivity Program. As 

examples, providers are prohibited 

from: (1) 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; (2) 

suggesting or implying that signing up 

for ACP-supported services and devices 

is required for obtaining or continuing 

other services, including Lifelinesupported services; and (3) 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. 

129. The Commission also finds that 

requiring a consumer to accept a 

connected device in order to enroll with 

the provider is deceptive and harmful to 

consumers. Accordingly, the 

Commission prohibits participating 

providers from requiring consumers to 

obtain an ACP-supported device in 

order to enroll in the Affordable 

Connectivity Program. 

130. Timing Limitation on Consumer 

Disclosure and Consents for Providers 

with Pending Election Notices or 

Removal. Providers are required to have 

a fully processed election notice before 

beginning to provide disclosures and 

collecting consumer consent for 

enrollment in the Affordable 

Connectivity Program. If a provider is 

removed from the program, it must 

cease providing the required 

enrollment-based consumer disclosures 

and consents for the Affordable 

Connectivity Program immediately 

upon removal. EBB Program providers 

that transitioned to the Affordable 

Connectivity Program do not need to 

submit an ACP election notice in order 

to make the required consumer 

disclosures and collect consumer 

consent for enrollment in the Affordable 

Connectivity Program. 

131. Transfer-Specific Disclosure and 

Consent Requirements. The Commission 

adopts consent and disclosure 

requirements for households that seek to 

transfer their ACP benefit to another 

service provider. Before initiating a 

transfer in NLAD, the transfer-in 

provider must disclose orally or in 

writing, in clear, easily understood 

language to the ACP household: (1) That 

the household will be transferring its 

ACP benefit to the transfer-in provider; 

(2) that the effect of the transfer is that 

the ACP 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; (3) that 

the household may be subject to the 

transfer-out provider’s undiscounted 

rates as a result of the transfer if the 

household elects to maintain service 

from the transfer-out provider, and that 

(4) the household is limited to one ACPtransfer transaction per service month 

with limited exceptions to reverse an 

improper transfer or address situations 

impacting the household’s receipt of 

ACP-supported service from a particular 

provider. 

132. The Commission finds that 

having a clear record of a consumer’s 

consent to transfer their ACP benefit 

after having reviewed the ACP transfer 

disclosures is an important tool for 

preventing uninformed or unwanted 

ACP benefit transfers. The transfer-in 

provider must obtain the required 

consumer consent orally or in writing 

before each ACP transfer transaction, 

and the consent must indicate that after 

having reviewed the required transfer 

disclosures, the household consents to 

transfer its benefit to the transfer-in 

provider. Documentation of the 

consumer’s affirmative consent must 


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clearly identify the ACP subscriber 

name, acknowledge the subscriber was 

provided the required disclosure 

language, and that upon receiving the 

disclosure, the subscriber gave its 

informed consent to transfer its benefit, 

and the date consent was given. 

Participating providers must retain 

documentation or recordings related to 

the required disclosures and necessary 

consents for affordable connectivity 

benefit transfers. 

133. Participating providers must 

obtain consent from an ACP household 

for each transfer and may not rely on 

older consent given for a previous 

transfer. Each time a provider initiates 

a transfer-in transaction for an ACP 

household, it must first provide the 

household with the required disclosures 

and obtain consent from the household 

acknowledging receipt of the 

disclosures and stating that the 

household consents to the transfer, even 

if the household previously received 

EBB or ACP-supported service from the 

provider. Consistent with the consents 

and disclosures required at initial ACPenrollment, the Commission finds that 

using standardized language for ACP 

transfer disclosures and consent will 

better ensure that households are 

properly informed about and consented 

to transfer their ACP benefit. Therefore, 

the Commission directs the Bureau, in 

coordination with EB and CGB, to 

provide standardized disclosure and 

consent language that the providers will 

be required to present to ACP 

households prior to initiating the 

transfer. 

134. Providers are required to provide 

written notice of transfer-in transactions 

to the transferred ACP household within 

five business days of completing the 

transfer in the NLAD. The notice of 

transfer to the ACP household should 

indicate the name of the transfer-in 

provider to which the household’s ACP 

benefit was transferred, the date the 

transfer was initiated, and an 

explanation of the dispute process if the 

household believes the transfer was 

improper. Providers must retain 

documentation demonstrating 

compliance with this notice 

requirement consistent with the 

document retention requirements 

adopted in the Order and make such 

documentation available to the 

Commission and USAC upon request. 

The transfer-in service provider is 

required to certify under penalty of 

perjury that it has complied with the 

transfer requirements the Commission 

adopts in the Order. 

135. Limiting the Number of ACP 

Consumer Transfers in a Service Month. 

To provide an additional safeguard 

against unwanted and uninformed 

benefit transfers, the Commission limits 

ACP household benefit transfers to one 

per service month, with limited 

exceptions. The Commission directs 

USAC, in coordination with the Bureau, 

to develop a process for seeking an 

exception from the one-per-service 

month transfer restriction in the 

following circumstances: (1) An 

improper transfer; (2) the household’s 

service provider ceases operations or 

fails to provide service (3) the 

household’s current service provider is 

found to be in violation of ACP rules, 

and the violation impacts the customer 

for which exception is sought; or (4) the 

household changes its residential 

address to a location outside of the 

provider’s service area for the 

Affordable Connectivity Program. An 

improper transfer occurs if the transferin provider does not make the required 

disclosures or obtain the required 

consent from the household to proceed 

with the transfer transaction. These 

exceptions ensure that unwanted 

transfers can be reversed, and also 

recognize that circumstances beyond the 

household’s control may impact the 

provision or receipt of ACP service from 

a specific provider warranting more 

than one transfer in a month. The 

Commission further directs USAC to 

monitor exceptions and conduct 

program integrity reviews for a sampling 

of benefit transfers. 

F. Outreach, Cross-Agency 

Collaboration, Advertising, and Public 

Awareness 

136. For the Affordable Connectivity 

Program to achieve its full potential and 

reach as many eligible households as 

possible, households must be clearly 

informed of the program’s existence, 

benefits, eligibility qualifications, and 

how to apply. The Infrastructure Act 

recognizes that the Commission, 

participating providers, other Federal 

agencies, State, local, and Tribal 

governments, and other program 

partners and stakeholders play an 

important role in disseminating 

information about the Affordable 

Connectivity Program to the intended 

population. The Infrastructure Act 

outlines specific requirements and 

permissible activities for consumer 

outreach that may be funded using 

Affordable Connectivity Program 

funding. 47 U.S.C. 1752(b)(10). The 

Commission recognizes the Program 

will benefit from broad outreach in a 

variety of languages and methods to 

reach as many eligible consumers as 

possible, including people of color, 

persons with disabilities, persons who 

live in rural or Tribal areas, and others 

who are or have been historically 

underserved, marginalized, or adversely 

affected by persistent poverty or 

inequality through collaborative 

outreach on the part of the Federal 

Government, participating providers, 

State, local, and Tribal governments, 

and other program partners and 

stakeholders. 

1. Commission Outreach Efforts and 

Cross-Agency Collaboration 

137. Commission Outreach Efforts. 

The Infrastructure Act provides that the 

Commission may conduct outreach 

efforts to encourage households to 

enroll in the Affordable Connectivity 

Program. In particular, the Act permits 

the Commission to facilitate consumer 

research, conduct focus groups, engage 

in paid media campaigns, provide 

grants to outreach partners, and provide 

an orderly transition for participating 

providers and consumers from the EBB 

Program to the Affordable Connectivity 

Program. 47 U.S.C. 1752(b)(10)(C)(i)–(ii). 

138. The Commission believes a wide 

range of outreach is needed to best 

promote awareness of and increase 

participation in the Affordable 

Connectivity Program. The Commission 

is committed to using a variety of 

outreach tools in the immediate term 

and for the duration of the program to 

encourage eligible households to enroll 

in the Affordable Connectivity Program 

as permitted under the statute. 47 U.S.C. 

1752(b)(10)(C)(i). In addition, in the 

Further Notice of Proposed Rulemaking, 

the Commission is exploring the 

possibility of establishing an outreach 

grant program, but that would take time 

to establish in compliance with the 

applicable Federal rules and regulations 

governing Federal grants. Based on the 

costs associated with the Commission’s 

Digital Television Transition outreach 

efforts (which included broad paid 

media campaigns) and current estimates 

for the anticipated types of outreach 

activities the Commission may 

undertake pursuant to the Infrastructure 

Act, the Commission anticipates the 

need to spend no more than 

$100,000,000 over the next five years for 

outreach, including, but not limited to, 

immediate outreach activities and a 

potential outreach grant program. As 

such, the Commission permits the 

Bureau to spend up to, but not more 

than, $100,000,000 over the next five 

years for such activities. 

139. The Commission directs the 

Bureau, CGB, the Office of 

Communications Business 

Opportunities (OCBO), OMD, and the 

Office of Media Relations (OMR) to 

collaborate on identifying and 

conducting the Commission’s paid 


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outreach efforts to promote program 

awareness and encourage households to 

enroll in the Affordable Connectivity 

Program, using the broad range of 

outreach tools permitted under the 

statute. These efforts will complement 

and build on the extensive outreach 

undertaken in support of the EBB 

Program and may include both national 

and more targeted activities, with 

particular emphasis on reaching people 

of color, persons with disabilities, 

persons who live in rural or Tribal 

areas, and others who are or have been 

historically unserved, marginalized, or 

adversely affected by persistent poverty 

or inequality. This outreach should also 

focus on helping households that are 

unconnected due to affordability issues 

and are not currently enrolled in a lowincome connectivity program with 

awareness and enrollment in the 

program. 

140. Staff may work with USAC and 

third-party entities to conduct consumer 

research and focus groups. Consumer 

research and focus groups may provide 

meaningful insights into program 

messaging, including translations, 

application and enrollment process 

improvements, program awareness, 

perceived program value, and other 

topics that may improve awareness of 

the program and barriers to 

participation that could be addressed 

through outreach, and help drive 

enrollment. The Bureau, in consultation 

with CGB and OMR, with support from 

OMD as needed, may also pursue a paid 

media strategy for the Affordable 

Connectivity Program. In addition to 

traditional media and online ads, a paid 

media strategy may also include paid 

media in diverse outlets that serve 

culturally and linguistically isolated 

communities for which a significant 

population may qualify for the 

Affordable Connectivity Program. Such 

a media strategy may include a mix of 

national, regional, and hyper-local 

campaigns designed to reach the 

intended populations. The Bureau and 

CGB, with support from OMD as 

needed, may rely on a third-party media 

strategy firm to develop a media plan 

and facilitate paid advertising 

campaigns. 

141. Commission Collaboration with 

Other Federal Agencies. Pursuant to the 

Infrastructure Act, the Commission 

must collaborate with relevant Federal 

agencies to ensure that households that 

participate in qualifying programs for 

the Affordable Connectivity Program are 

provided with information about the 

Affordable Connectivity Program, 

including enrollment information. 47 

U.S.C. 1752(b)(10)(B). The Commission 

directs the Bureau in conjunction with 

CGB to collaborate with other relevant 

Federal agencies on efforts designed to 

ensure that households participating in 

the relevant qualifying programs are 

provided with information on the 

Affordable Connectivity Program, 

including enrollment information. The 

Commission directs the Bureau and 

CGB to identify and engage in specific 

activities that would best satisfy this 

collaboration requirement, such as 

developing co-branded awareness 

campaign materials and email 

communications about the Affordable 

Connectivity Program to households 

participating in qualifying benefit 

programs. 

142. System of Records Notices 

Updates. The Infrastructure Act also 

requires the Commission to ‘‘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.’’ 47 U.S.C. 1752(b)(10)(B). The 

Commission does not have the authority 

to compel other Federal agencies to 

update their Systems of Records 

Notices, but the statute permits it to 

collaborate with other agencies. 

Accordingly, the Commission directs 

the Bureau, the Office of General 

Counsel, and OMD to collaborate with 

relevant Federal agencies to ensure that 

households participating in relevant 

qualifying programs are provided 

information about the Affordable 

Connectivity Program, which will 

include encouraging other Federal 

agencies to update their System of 

Records Notices to permit information 

sharing related to the Affordable 

Connectivity Program. 

2. Publication and Outreach 

Requirements for Participating 

Providers 

143. Notification to All internet 

Service Consumers Upon Subscription 

or Renewal. The Infrastructure Act 

requires participating providers to 

notify all consumers who either 

subscribe to or renew a subscription to 

an internet service offering about the 

Affordable Connectivity Program and 

how to enroll. 47 U.S.C. 1752(b)(10)(A). 

The Commission concludes that the 

term ‘‘renew’’ in the relevant section of 

the Infrastructure Act means extending 

a fixed-term service contract longer than 

one month. The requirement to notify 

consumers who ‘‘renew’’ a subscription 

should be limited to consumers 

extending a plan that is offered for a 

fixed term longer than one month and 

should not apply to consumers on 

month-to-month contracts. Service 

providers are also required to provide 

notice about the Affordable 

Connectivity Program to consumers who 

subscribe to month-to-month internet 

service at the time the consumer first 

subscribes to the service and annually 

thereafter. 

144. 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 

Affordable Connectivity Program and 

how to enroll: (1) During enrollment for 

new subscribers; (2) at least 30 days 

before the date of renewal for 

subscribers not enrolled in the 

Affordable Connectivity Program who 

have fixed term plans longer than one 

month; and (3) annually for subscribers 

not already enrolled in the Affordable 

Connectivity Program who have monthto-month or similar non-fixed term 

plans. The requirement to notify new 

subscribers during enrollment also 

applies to existing subscribers 

contacting their provider to change 

service plans. 

145. The Commission declines to 

apply the notice requirement only at the 

time of initial service enrollment for 

prepaid customers who typically pay for 

service on a month-to-month basis. 

Providers must inform prepaid 

customers about the Affordable 

Connectivity Program annually to 

ensure that these consumers remain 

aware of the Affordable Connectivity 

Program. Publicly available information 

(e.g., websites or signage) alone is not 

sufficient to meet this notification 

requirement without some form of 

written or oral communication targeted 

to the individual subscriber, including 

but not limited to billing notifications or 

other emailed or mailed notifications. 

Providers should also offer these 

consumer notices in customers’ 

preferred language. 

146. The required consumer notice 

must use clear, easily understood 

language. At a minimum, the notice 

must indicate: (1) The eligibility 

requirements for consumer 

participation; (2) that the Affordable 

Connectivity Program is nontransferrable and limited to one monthly 

internet discount and a one-time 

connected device discount (only if the 

provider offers ACP discounted devices) 

per household; (3) how to enroll, such 

as a customer service phone number or 

relevant website information; and (4) 

that the Affordable Connectivity 

Program is a Federal Government 


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benefit program operated by the Federal 

Communications Commission and, if it 

ends, or when a household is no longer 

eligible, customers will be subject to the 

provider’s regular rates, terms, and 

conditions. 

147. Advertising Requirement. Due to 

the importance of disseminating 

information about the Affordable 

Connectivity Program, the Commission 

requires participating providers to 

publicize the availability of the 

Affordable Connectivity Program in a 

manner reasonably designed to reach 

those consumers likely to qualify and in 

a manner that is accessible to 

individuals with disabilities. Service 

providers should utilize outreach 

materials and methods designed to 

reach eligible households that do not 

currently receive service. Cf. 47 CFR 

54.405(b) (similar requirements in 

context of Lifeline program). 

148. Public Awareness Campaigns. 

Finally, the Infrastructure Act requires 

participating providers, in collaboration 

with State agencies, public interest 

groups, and non-profit organizations, to 

carry out public awareness campaigns 

in their areas of service that highlight 

the value and benefits of broadband 

internet access service, and the 

existence of the Affordable Connectivity 

Program. 47 U.S.C. 1752(b)(8). Local 

social services agencies, schools, and 

other organizations that administer 

qualifying government assistance 

programs are also important program 

partners and stakeholders for the 

Affordable Connectivity Program; 

accordingly, service provider public 

awareness activities in collaboration 

with these entities would also satisfy 

the service provider public awareness 

obligation. The Commission gives 

participating providers flexibility as to 

how they fulfill this requirement and 

does not prescribe specific forms of 

outreach that service providers must use 

to satisfy the public awareness 

obligation, a fixed number of activities 

that service providers must complete, or 

a requirement that service providers 

collaborate with specific organizations. 

However, participating service 

providers must frequently engage in 

public awareness activities focused on 

participation in the Affordable 

Connectivity Program and in 

collaboration with the specified types of 

organizations, and must retain 

documentation sufficient to demonstrate 

their compliance with the public 

awareness obligations. 

3. Commission Guidance 

149. The Infrastructure Act provides 

that the Commission may issue 

guidance, forms, instructions, 

publications, or technical assistance as 

necessary or appropriate to carry out the 

Affordable Connectivity Program, 

including actions intended to ensure 

that ‘‘programs, projects, or activities’’ 

are completed in a timely and effective 

manner. The Commission directs the 

Commission staff and USAC to develop 

comprehensive provider education and 

training programs, as well as consumer 

outreach plans. The Commission also 

directs USAC to develop and 

implement, under the oversight of the 

Bureau, CGB, and OCBO, training and 

provide information necessary to 

successfully participate in the 

Affordable Connectivity Program. The 

Commission directs USAC both to 

educate service providers on the ACP 

and to engage in consumer outreach to 

complement the efforts Commission 

staff will undertake in response to this 

Order. The Commission also directs 

CGB, including the Office of Native 

Affairs and Policy, and OCBO to 

coordinate with USAC to develop 

educational and informational 

communications and materials to 

advertise the Affordable Connectivity 

Program, such as a web page and digital 

toolkit in a printable format and 

translated into other languages that can 

easily be accessed by service providers, 

organizations, and the public. 

G. Data Reporting and Performance 

Goals 

1. Tracking and Reporting of Available 

Funding 

150. In the EBB Program Order, the 

Commission instructed USAC to 

develop a tracker that reports on 

disbursements and program enrollment 

to allow providers and the public to 

monitor the balance of the Emergency 

Broadband Connectivity Fund. 

Emergency Broadband Benefit Program, 

Final Rule, 86 FR 19532, 19552–53, 

paras. 105–108 (Apr. 13, 2021). 

Consistent with the Commission’s 

approach in the EBB Program, the 

Commission finds that publishing 

enrollment data for the Affordable 

Connectivity Program will empower the 

Commission’s outreach partners and 

promote transparency about the 

program. Therefore, the Commission 

directs USAC, subject to oversight of the 

OEA and the Bureau, to develop a 

tracker and make it available on either 

the Bureau’s website or USAC’s website. 

In the tracker, USAC should include 

enrollment data including, enrollee age 

category, eligibility category, including 

households enrolled on the basis of 

enrollment in a provider’s existing lowincome program, type of broadband 

service, and enrollment numbers by 

five-digit ZIP code areas. USAC shall 

update the posted information regularly. 

The Commission directs the Bureau and 

OEA, with support from USAC, to 

develop a process to mask data as 

necessary, consistent with the Privacy 

Act, 5 U.S.C. 552a. The Commission 

further directs OEA and the Bureau to 

take into consideration the types of data 

requested by commenters when 

determining the additional program 

data, if any, that can be made available. 

151. Performance Measures. Similar 

to the Lifeline and EBB Programs, the 

Affordability Connectivity Program will 

subsidize the internet bills of lowincome households on a monthly basis; 

thus, the Commission plans to establish 

program goals consistent with those of 

the Lifeline and EBB Programs. The 

Commission establishes three goals for 

the Affordability Connectivity Program: 

(1) Reduce the digital divide for lowincome consumers, (2) promote 

awareness and participation in the 

Affordable Connectivity Program and 

the Lifeline program, and (3) ensure 

efficient and effective administration of 

the Affordability Connectivity Program. 

152. Narrowing the digital divide has 

been an ongoing priority for the 

Commission and is one of the goals for 

the Lifeline program. A primary goal of 

the Affordability Connectivity Program 

should be to close the digital divide by 

reducing the broadband affordability 

gap. The Commission directs the Bureau 

and OEA, with support from USAC, to 

collect as necessary appropriate data 

and develop metrics to determine 

progress towards this goal, such as 

broadband adoption by first-time 

subscribers and increasing enrollments 

in areas with low broadband internet 

penetration rates. 

153. The Commission’s second goal is 

to increase awareness of and 

participation in the Affordability 

Connectivity Program. The Commission 

should invest in direct, data-driven 

outreach to unconnected households to 

increase awareness of the Affordable 

Connectivity Program. To meet this 

goal, the Commission will work with 

community partners to increase 

consumer engagement with low-income 

individuals in underserved areas. The 

Commission directs USAC to continue 

to publish enrollment data by 

geographic regions. To measure progress 

towards this goal, the Commission will 

monitor the participation over time and 

by area. Additionally, the Commission 

directs the Bureau and OEA, with 

support from USAC, to collect the 

appropriate data. 

154. The Commission adopts as the 

Commission’s third goal efficient and 

effective administration of the 


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Affordability Connectivity Program. The 

Commission will measure success 

towards this goal by evaluating the 

speed and ease of the application 

process and the reimbursement process, 

and the overall burden of the program 

on consumers. To measure the first 

performance metric, the Commission 

will conduct consumer and provider 

outreach that will aim to capture 

program satisfaction. In addition, the 

Commission seeks feedback from the 

Commission’s State, community, and 

non-profit partners helping to educate 

consumers on the application process. 

For the Commission’s second 

performance measure, the Commission 

will use a measure of consumer burden 

that divides the total inflation-adjusted 

expenditures of the low-income 

program each year by the number of 

households in the United States and 

express the measure as a monthly dollar 

figure. This calculation will rely on 

publicly available data and will 

therefore be transparent and easily 

verifiable. 

H. Transition of Legacy EBB Program 

Households 

155. The Commission takes seriously 

the need to ensure that legacy EBB 

Program households that transition to 

the Affordable Connectivity Program do 

not have adverse experiences such as 

bill shock as a result of the lower $30 

non-Tribal benefit under the Affordable 

Connectivity Program or a downgraded 

service offering. The Commission finds 

that a uniform opt-in approach for all 

legacy EBB households that transition to 

the Affordable Connectivity Program is 

unnecessary and would likely result in 

significant de-enrollments and increase 

administrative burdens on service 

providers and consumers. An acrossthe-board opt-out approach does not 

provide consumers enough agency in 

the decision. Instead, the Commission 

adopts a hybrid approach that takes into 

consideration the various categories of 

legacy EBB households, and each 

category’s respective potential level of 

risk for an adverse experience. 

156. There are multiple categories of 

legacy EBB households that would have 

very different experiences as a result of 

the reduction to the $30 non-Tribal 

benefit amount given their varied 

circumstances. Many legacy EBB 

Program households will not experience 

a rate change because their supported 

internet service already costs $30 or less 

a month or because they reside on 

qualifying Tribal lands and the Tribal 

benefit level has not changed. Other 

legacy EBB Program households are 

unlikely to face unexpected financial 

harm as a result of an up to $20 bill 

increase because they previously 

demonstrated to their current provider a 

willingness to pay something for their 

broadband service, such as by paying 

some fee for an EBB-supported internet 

service, being the provider’s existing 

paying customer for internet service 

before enrolling in the EBB Program, or 

consenting to the provider’s general 

terms and conditions if they continued 

to receive their current service after the 

end of the EBB Program. However, for 

households who have not previously 

demonstrated a willingness to pay for 

continued internet service, there may be 

a stronger risk of potential bill shock 

from an up to $20 bill increase as a 

result of a reduced benefit amount. 

157. Legacy EBB households that 

would not experience a bill change as a 

result of the reduction of the non-Tribal 

benefit level to $30, including 

subscribers who would not pay 

anything for their ACP service under the 

reduced $30 non-Tribal benefit and 

subscribers who reside on qualifying 

Tribal lands and will continue to 

receive the same up to $75 benefit level, 

will not be required to opt-in to 

continue to participate in the Affordable 

Connectivity Program after the end of 

the transition period. The notices that 

have already been issued to all legacy 

EBB subscribers sufficiently advise this 

category of subscribers of the change in 

the program name, retention of the $75 

Tribal benefit amount and reduction of 

the non-Tribal benefit to $30. For this 

category of legacy EBB households, 

participating providers must retain 

documentation sufficient to demonstrate 

that this is the applicable transition 

path, consistent with the document 

retention requirements the Commission 

adopts in the Order. 

158. The category of legacy EBB 

Program households that would 

experience a bill increase as a result of 

the reduction of the non-Tribal discount 

to $30 but have already expressed to 

their current EBB provider a willingness 

and an ability to pay for broadband 

includes EBB households that (1) were 

existing paying internet service 

customers with the broadband provider 

when the household enrolled in the EBB 

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. This 

category of households has 

demonstrated to their current provider a 

willingness and ability to pay for 

internet service; therefore, they have 

little risk of unexpected financial harm 

even if their bill may potentially 

increase up to $20. For this category of 

subscribers, the ability to opt out of the 

Affordable Connectivity Program or 

change their service is sufficient. 

159. Finally, legacy EBB Program 

households that would experience a bill 

increase as a result of the reduction of 

the non-Tribal discount to $30 but have 

not indicated to their current provider a 

willingness or an ability to pay for 

broadband either generally or at the end 

of the EBB Program, including 

households that did not have a preexisting paying customer relationship 

with their current provider and have not 

consented to the providers’ general 

terms and conditions if they continued 

service after the end of the transition 

period, or do not currently pay a fee for 

their EBB Program service, face a higher 

potential for bill shock and financial 

harm. The Commission is also 

concerned that, for this category of 

subscribers, solely providing a reminder 

of the right to opt out or change service 

may not be sufficient to mitigate the 

potential for unexpected financial harm. 

160. To minimize the potential 

unexpected financial impact for this 

third category of legacy EBB 

households, the Commission gives 

providers multiple transition options: 

(1) Switch the household to an internet 

service that costs $30 or less a month 

after providing notice in advance of this 

change; (2) continue to provide the 

current level of service without 

increasing the household’s bill if the 

provider has internet service options 

priced at $30 per month or less; or (3) 

obtain the consumer’s opt-in to continue 

to receive its current service with the 

$30 benefit level before the first 

increased bill after the March 1, 2022, 

end of the transition period. Where a 

provider elects to switch legacy EBB 

Program households to a supported 

internet service that costs $30 or less, 

the provider must first give the 

household advance notice as soon as 

practicable before changing their service 

and in that notice remind the household 

that it has the right at any time to opt 

out of the Affordable Connectivity 

Program or change its ACP service or 

ACP provider. For providers that elect 

to obtain household opt-ins for this 

third category of legacy EBB 

households, the provider must use clear, 

easily understood language that informs 

the household of the increased rate 

amount, that they will be de-enrolled 

from the program if they do not opt in 

within thirty days of the opt-in request, 

that they have the right to opt out of the 

Affordable Connectivity Program, cancel 

or change their service or provider at 

any time. Participating providers must 

retain documentation concerning the 

transition path they took for this third 


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category of legacy EBB Program 

households, including any household 

opt-ins. 

161. Additional Notices for Legacy 

EBB Households About the Reduced 

Non-Tribal Benefit and Ability to OptOut. The Commission finds that it is 

important to continue to provide 

notifications about program changes to 

legacy EBB Program households for at 

least one month after the transition 

period ends on March 1, 2022, 

particularly for participating households 

whose out-of-pocket costs increase as a 

result of the reduced monthly nonTribal benefit under the Affordable 

Connectivity Program. The Commission 

encourages participating providers to 

continue to disseminate information to 

their legacy EBB subscribers who would 

have out-of-pocket costs for their ACP 

service as a result of the reduced $30 

monthly non-Tribal benefit, including: 

(1) A reminder that the non-Tribal ACP 

benefit is $30 per month; (2) a reminder 

that the household has the right to 

cancel or change its service, or switch 

providers without incurring an early 

termination fee; and (3) a reminder that 

the household has the right to opt out 

of the Affordable Connectivity Program 

at any time. If a service provider is 

already offering or intends to offer an 

ACP service that would eliminate or 

lessen the rate increase, it would also be 

useful for service providers to include 

that information. To maximize the 

potential consumer outreach on these 

issues, the Commission also strongly 

encourage participating providers to 

post this information on their website in 

a location that is highly visible for 

legacy EBB Program households. These 

notices, along with the additional 

notices that have already been issued 

concerning the change from the EBB 

Program to the Affordable Connectivity 

Program, will ensure that legacy EBB 

Program households whose bills 

increased as a result of the reduced ACP 

non-Tribal benefit amount are aware of 

the actions they can take to avoid 

paying a higher rate for their ACPsupported internet service. 

162. Legacy EBB Program Household 

Reliance on Prior Household Worksheet 

for the EBB Program. The Commission 

will not require legacy EBB Program 

households who transition to the 

Affordable Connectivity Program to 

submit a new household worksheet if 

they reside at the same address as 

another ACP subscriber. However, the 

Commission delegates authority to the 

Bureau to require legacy EBB Program 

households who reside at the same 

address as another ACP household to 

complete a new household worksheet if 

the Bureau determines that this would 

be necessary to promote program 

integrity, facilitate the administration of 

the Affordable Connectivity Program, or 

otherwise support program goals. 

163. Duration of Continuing the NonTribal EBB Benefit Level for Legacy EBB 

Subscribers. Section 60502(b)(2) of the 

Infrastructure Act provides for a 60-day 

transition period, during which time 

EBB subscribers who were enrolled 

prior to December 31, 2021, and would 

otherwise see a reduction in their 

benefit under the Affordable 

Connectivity Program will continue to 

receive a benefit at the $50 non-Tribal 

EBB Program benefit level. The 

Commission interprets this language to 

provide for a single 60-day transition 

period ending on March 1, 2022, during 

which legacy EBB Program households 

who were fully enrolled in the EBB 

Program as of December 31, 2021, 

would continue to receive the $50 EBB 

benefit level. 

I. Sunsetting Provisions 

164. Given the expanded funding for 

the Affordable Connectivity Program, 

the Commission finds that it is not 

necessary to establish sunsetting rules at 

this time. Instead, the Commission 

delegates authority to the staff to 

establish procedures for the wind-down 

of the Program. Specifically, the 

Commission directs the Bureau, in 

coordination with OMD, OEA, and 

USAC, to develop a forecast of the 

depletion of the funding appropriated 

by Congress to the Commission to fund 

the Affordable Connectivity Program. 

Moreover, the Commission delegates to 

the Bureau to identify a process for 

notifying the public of the timing of the 

end of the Affordable Connectivity 

Program as the funds are nearing 

depletion. 

165. A provider must obtain the 

household’s affirmative opt-in, either 

orally or in writing, to continue 

providing the household broadband 

service after the end of the Affordable 

Connectivity Program and to charge a 

higher rate than the household would 

pay if it were receiving the full discount 

permitted under Affordable 

Connectivity Program rules. The 

Commission delegates to the Bureau the 

authority to establish specific 

timeframes for such consumer opt-ins 

and the appropriate consumer notice. 

The wind-down procedures delegated to 

the staff must also consider how the 

remaining funds will be distributed in 

the final month of the Affordable 

Connectivity Program, any timing 

considerations related to the 

reimbursement process, and other 

procedures necessary to smoothly winddown the program. 

166. The Commission directs the 

Bureau to implement procedures for 

reimbursement in the final month of the 

Affordable Connectivity Program in the 

event reimbursement claims exceed the 

amount of remaining funds, but in no 

circumstances will reimbursements be 

less than 50% of the provider’s claim for 

that final month. For example, if based 

on the forecast of the depletion of 

funding established preceding, the 

remaining balance in the Affordable 

Connectivity 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 

and ending the Affordable Connectivity 

Fund. If, however, projections from 

USAC indicate that less than 50% of 

claims can be paid out on a pro-rata 

basis for the expected final month of the 

Affordable Connectivity Program, then 

USAC shall immediately notify the 

Bureau, OEA, and OMD. If staff agree 

with USAC’s projections, then USAC 

will pause the reimbursement process 

for the final month, and instead staff 

will determine how best to use the 

remaining funds consistent with the 

Infrastructure Act. 

J. Audits, Enforcement, and Removal of 

Providers 

1. Audits 

167. The Infrastructure Act requires 

the Commission to adopt audit 

requirements to ensure participating 

providers are in compliance with the 

program requirements and to prevent 

waste, fraud, and abuse. 47 U.S.C. 

1752(b)(12). Within one year of the date 

of enactment of the Infrastructure Act, 

the Commission’s Office of Inspector 

General is required to conduct an audit 

of the disbursements to a representative 

sample of providers. 47 U.S.C. 

1752(b)(13). The Commission delegates 

authority to OMD to develop and 

implement an audit process of 

participating providers, for which it 

may obtain the assistance of third 

parties, including but not limited to 

USAC. Such ACP audits would be in 

addition to any audits conducted by the 

Commission’s Office of Inspector 

General. The Commission also adopts 

the documentation retention 

requirements used in the EBB Program 

for the Affordable Connectivity 

Program. 

168. The Commission has delegated 

authority to OMD, upon receiving 

approval from the Office of General 

Counsel, to issue subpoenas that 

directly relate to OMD’s oversight of 

audits of the Affordable Connectivity 

Program. 47 CFR 0.231(l). 


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169. USAC Program Integrity Reviews. 

The Commission directs USAC to 

develop a plan to conduct program 

integrity reviews to address the 

requirements of this Order and areas 

where trend analysis, complaint data, or 

other information shows a need for such 

reviews to determine provider and 

consumer compliance with ACP rules. 

This plan will be subject to OMD and 

Bureau approval. 

2. Enforcement 

170. The Infrastructure Act specifies 

that a violation of 47 U.S.C. 1752 or any 

regulation promulgated under that 

section ‘‘shall be treated as violation of 

the Communications Act of 1934 or a 

regulation promulgated under such Act’’ 

and directs the Commission to enforce 

it ‘‘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 or made a part of this 

section.’’ 47 U.S.C. 1752(g). Moreover, 

the Infrastructure Act expressly grants 

the Commission the authority to impose 

forfeiture penalties to enforce 

compliance. 47 U.S.C. 1752(b)(9)(C)(ii). 

The Commission will use its existing, 

statutorily permitted enforcement 

powers to initiate investigations of 

program rule violations for the 

Affordable Connectivity Program. 

171. The Infrastructure Act, 47 U.S.C. 

1752(j), provides that the Commission 

may not enforce a violation of the Act 

using its forfeiture authority if a 

participating provider demonstrates that 

it relied in good faith on information 

provided to such provider to make any 

verification required by 47 U.S.C. 

1752(b)(2). That safe harbor will apply 

to providers who use the National 

Verifier for eligibility determinations or 

any alternative verification process 

approved by the Commission and act in 

good faith with respect to the eligibility 

verification processes. Providers that 

reasonably rely on documentation 

regarding eligibility determinations 

provided by eligible households or an 

eligibility determination from the 

National Verifier will be able to avail 

themselves of this statutory safe harbor 

with respect to their compliance with 

the Affordable Connectivity Program 

rules. 

3. Removal of Participating Providers 

From the Affordable Connectivity 

Program 

172. Involuntary Removal. The 

Commission finds that it is essential 

that the Commission have the flexibility 

necessary to quickly respond and 

remove providers that are violating 

program rules or threatening the 

integrity of the Affordable Connectivity 

Program while also ensuring that a 

provider has a fair opportunity to 

respond prior to being removed from the 

program. A participating provider may 

be removed from the Affordable 

Connectivity Program for violations of 

program rules of the Affordable 

Connectivity Program, the EBB Program, 

the Lifeline program, the Emergency 

Connectivity Fund or successor 

programs, or other Universal Service 

Fund (USF) programs. In addition, a 

provider may be removed from the 

Affordable Connectivity Program for 

committing any action that indicates a 

lack of business integrity or business 

honesty that seriously and directly 

affects the provider’s responsibilities 

under the Affordable Connectivity 

Program, that undermines the integrity 

of the Affordable Connectivity Program, 

or that harms or threatens to harm 

prospective or existing program 

participants, including fraudulent 

program enrollments. Moreover, a 

provider may be removed for conviction 

or civil judgment for attempt or 

commission of fraud, theft, 

embezzlement, forgery, bribery, 

falsification or destruction of records, 

false statements, receiving stolen 

property, making false claims, 

obstruction of justice, or similar offense, 

that arises out of activities related to the 

Affordable Connectivity Program, the 

EBB Program, the Emergency 

Connectivity Fund or successor 

programs, or any of the USF programs. 

173. If the Commission develops 

information from Commission-led or 

sponsored investigations or receives 

consumer complaints, information 

obtained through program integrity 

reviews and audits, whistleblower 

reports, or information shared by law 

enforcement or from other credible 

sources that yields credible allegations 

of misconduct, the Bureau Chief or the 

Chief of EB, after consultation with 

USAC, OMD, and CGB, as appropriate, 

will initiate a proceeding to consider 

removal of the provider. The relevant 

Bureau will provide notice of the 

proceeding to the participating provider 

via electronic mail and/or U.S. mail 

using the contact information provided 

in the election notice filed with USAC 

or other sources if there is reason to 

suspect that the information on file with 

USAC is not up-to-date. Such notice 

will include the legal and factual bases 

for the initiation of the removal 

proceeding (as well as notice of any 

interim measures taken under this 

paragraph and reasons therefor) and 

indicate that the provider will have 

thirty (30) days to respond to the Bureau 

and to provide any relevant evidence 

demonstrating that a rule violation or 

other conduct warranting removal has 

not in fact occurred and that the 

provider should not be removed from 

the Affordable Connectivity Program. 

Concurrent with the issuance of the 

notice or at any time before a final 

determination is rendered by the Bureau 

Chief or Chief of EB, as the case may be, 

such Chief may, in light of the facts and 

circumstances set forth in the notice 

commencing the removal proceeding, 

and with notice to the provider of this 

interim measure, direct on an interim 

basis that the provider be removed from 

the Commission’s listing of providers, 

from USAC’s Companies Near Me tool, 

or any other similar records, and may 

also direct USAC to temporarily 

suspend the participating provider’s 

ability to enroll or transfer in new 

subscribers during the pendency of the 

removal proceeding. Any such actions 

may be taken only (i) if based upon 

adequate evidence of willful 

misconduct that would warrant removal 

of the provider under the previous 

paragraph, and (ii) after determining 

that immediate action is necessary to 

protect the public interest. The relevant 

Chief may also direct, with notice to the 

provider, that a funding hold (or partial 

hold) be placed on the provider if, based 

on the circumstances of a particular 

case, there is adequate evidence that the 

provider’s misconduct is likely to cause 

or has already resulted in improper 

claims for ACP reimbursement and such 

a hold (or partial hold) is necessary to 

protect the public interest. Any funding 

hold should be tailored in a manner that 

is related to and proportionate to the 

alleged misconduct. 

174. Once a timely response is 

received from the provider, the relevant 

Chief will have thirty (30) days to make 

a removal determination and issue an 

order, which shall provide a detailed 

explanation for the determination. This 

30-day period may be extended an 

additional 15 days if circumstances 

warrant. After review of any response 

submitted by the provider and all 

available credible evidence, if the 

relevant Chief determines based on a 

preponderance of the evidence that 

there has been a rule violation or other 

conduct warranting removal, the 

provider’s authorization to participate 

in the Affordable Connectivity Program 

will be revoked, and the provider will 

be removed from the program. 

Similarly, failure by the provider to 

respond or provide the requested 

evidence within thirty days of the date 

of the notice also will result in a finding 


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against the provider, removal from the 

program, and revocation of the 

provider’s authorization to participate 

in the Affordable Connectivity Program. 

However, if the relevant Chief 

determines that the preponderance of 

the evidence fails to demonstrate that 

there has been a rule violation or other 

conduct warranting removal from the 

program, such Chief will take 

appropriate steps to reinstate the 

provider to the listing of providers and 

USAC’s ‘‘Companies Near Me’’ tool, if 

the provider had previously been 

delisted, advise USAC to permit the 

provider ability to enroll or transfer in 

new subscribers (if previously blocked), 

and lift any funding hold. A former 

participating provider removed from the 

Affordable Connectivity Program will be 

barred from seeking to rejoin, or 

participating in, the Affordable 

Connectivity Program as a participating 

provider for at least five years, or for 

such additional period as the relevant 

Chief considers to be warranted based 

on the circumstances of the case. 

175. A provider may request 

reconsideration of the decision or 

submit a request for review by the full 

Commission of the Bureau Chief’s 

determination pursuant to the 

Commission’s rules. See 47 CFR 1.106, 

1.115. If the Commission declines the 

provider’s request for review or if the 

Commission upholds the Bureau Chief’s 

determination, then the provider will be 

removed from the Affordable 

Connectivity Program as provided in the 

Bureau Chief’s decision. 

176. To avoid the impact the sudden 

removal of a provider from the 

Affordable Connectivity Program would 

have on low-income consumers who, 

through no fault of their own, could lose 

their discounted internet services, and 

to allow consumers served by the 

removed provider an opportunity to 

transfer their benefit to another 

participating provider, removed 

providers will be required to continue 

providing service to their existing 

enrolled households for sixty (60) days 

after removal, unless otherwise directed 

by the relevant Bureau. The provider 

will be eligible to receive 

reimbursement for any valid claims for 

discounts passed through to ACP 

households during this 60-day period. 

The removed provider must send 

written notice to its consumers within 

30 days of the final determination in the 

removal proceeding notifying the 

consumers that the provider will no 

longer be participating in the Affordable 

Connectivity Program. Notice to the 

enrolled households must include a 

statement that the provider will be 

removed from the program; the effective 

date of removal; that the household 

cannot continue to receive the ACP 

benefit from its current provider and 

that if the household seeks to continue 

receiving ACP support it must transfer 

to a new participating provider; 

instructions on how to request a transfer 

to a new provider and how to find 

another participating provider; the 

contact information for the USAC ACP 

Support Center; the amount the 

household would be charged if the 

household continues to subscribe to 

internet service from the provider after 

the effective date of removal; and other 

information as determined by the 

Bureau to help enable consumers to 

make informed decisions about their 

internet service. The removed provider 

shall also send a second written notice 

to consumers at least 15 days before the 

date by which the provider can no 

longer offer ACP-supported service. 

Failure to provide service during the 60- 

day period or to provide the precedingreferenced information to existing 

households may result in further 

enforcement action. The Commission 

also directs USAC to provide notice to 

consumers enrolled with the removed 

provider after the final determination in 

the removal proceeding. 

177. The Commission delegates to the 

Wireline Competition Bureau and OMD 

the authority to modify the provider 

removal process as set forth in this 

section as may be necessary and 

appropriate in response to trends in the 

Affordable Connectivity Program, using 

appropriate notice and comment 

procedures. Any modified removal 

process shall continue to strike an 

appropriate balance between protecting 

consumers and the integrity of the 

Affordable Connectivity Program and 

ensuring that providers have a 

meaningful opportunity to respond to 

the allegations. 

178. Voluntary Withdrawal. 

Participation in the Affordable 

Connectivity Program is voluntary. 

However, a provider’s decision to leave 

the program will impact any households 

receiving ACP-supported service from 

that provider, and care must be taken to 

ensure that those households have an 

opportunity to transfer their benefit to 

another ACP provider. 

179. A participating provider may 

withdraw its election to participate in 

the Affordable Connectivity Program at 

any time. Providers seeking to withdraw 

from the program must first notify 

USAC in writing at least 90 days before 

the effective date of withdrawal. The 

notice to USAC must contain the final 

date the provider will provide ACPsupported service to households and a 

statement confirming that as of the date 

of the notice to USAC the provider will 

cease enrolling new households, that 

the provider will cease advertising and 

marketing its participation in the 

Affordable Connectivity Program, and 

that the provider will notify its existing 

ACP households of its intent to exit the 

program. Upon receipt of this written 

notice, USAC and the Commission will 

remove the provider from the provider 

listings on the FCC’s website and the 

‘‘Companies Near Me’’ tool. As an initial 

matter, participating providers that were 

automatically transitioned from the EBB 

Program to the Affordable Connectivity 

Program must file an opt-out notice to 

USAC within 90 days of publication of 

this Order in the Federal Register; 

otherwise they will be considered to be 

affirmatively participating in the 

Affordable Connectivity Program. 

180. The provider must also notify its 

existing ACP households of its intent to 

exit the program. Notice must be in 

writing, provided in formats accessible 

to individuals with disabilities, and sent 

to existing ACP households 90 days, 60 

days, and 30 days before the effective 

date of withdrawal from the program. 

Notice to households must include the 

final date of service, the amount the 

households will be expected to pay if 

they remain with the provider after the 

provider exits the program, the effective 

date of such charges, and an explanation 

that once the provider exits the 

program, the ACP benefit will no longer 

be applied to the account, unless the 

subscriber transfers its benefit to a 

different participating provider. The 

notice must also include instructions 

detailing how to find and select a new 

participating provider, instructions on 

how to transfer to a different provider, 

the web address for the Commission’s 

listing of participating providers and to 

USAC’s ‘‘Companies Near Me’’ tool, the 

telephone number and email address of 

USAC’s ACP Support Center, and the 

provider’s customer service telephone 

number. During this period, the 

provider must continue to provide ACPsupported service to enrolled 

subscribers until the effective date of 

withdrawal from the program. Providers 

must retain records demonstrating 

compliance with the notice 

requirements. 

K. Administration of the Affordable 

Connectivity Program 

181. The Commission relies on USAC 

as the administrator of the Affordable 

Connectivity Program, see 47 U.S.C. 

1752(i)(3), and the Commission relies on 

the use of the USAC-administered 

systems, including but not limited to, 

the National Verifier, NLAD, RAD, and 

the Lifeline Claims System for the 


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provider reimbursement process, call 

centers for program support, provider 

and consumer outreach, and conducting 

program integrity reviews. 

182. Administrative Cap. The 

Commission directs USAC, in 

coordination with OMD, to regularly 

report to OMD its projected budget for 

administration of the Affordable 

Connectivity Program at a frequency to 

be determined by OMD. Based upon the 

initial estimates provided to OMD, 

which included costs associated with 

business process outsourcing, project 

management, IT professional fees, call 

center activities, and other costs, 

USAC’s Affordable Connectivity 

Program administrative costs are 

estimated to be under the 2 percent cap. 

183. The Commission must authorize 

payments from the Affordable 

Connectivity Fund prior to the 

disbursement of those funds in the 

United States Treasury to providers who 

have submitted valid claims for 

reimbursement. Here, the Commission 

provides guidance on steps participants 

must be prepared to take to ensure 

timely payment of reimbursement 

claims from the Affordable Connectivity 

Fund. 

184. FCC Red Light Rule. Participating 

providers in the Affordable Connectivity 

Program will be subject to the red light 

rule that the Commission implemented 

to satisfy the requirements of Debt 

Collection Improvement Act of 1996. 

Under the red light rule, the 

Commission will not take action on 

applications or other requests by an 

entity that is found to owe debts to the 

Commission until full payment or 

resolution of that debt. 47 CFR 1.1910. 

If the delinquent debt remains unpaid or 

other arrangements have not been made 

within 30 days of being notified of the 

debt, the Commission will dismiss any 

pending applications. Consistent with 

practices in the Lifeline program and 

other programs such as the 

Telecommunications Relay Service, the 

red light rule is not waived for the 

Affordable Connectivity Program. If a 

prospective participant is on red light, 

it will need to satisfy or make 

arrangements to satisfy any debts owed 

to the Commission before its application 

and/or election notice will be processed. 

The Commission directs the Bureau and 

OMD to ensure that a process is in place 

to check an entity’s red light status prior 

to processing an application, election 

notice, disbursement, or other request 

from the entity consistent with the red 

light rule. 

185. Treasury Offset. ACP 

participating providers will be subject to 

the Treasury Offset Program (TOP), 

through which the Treasury may collect 

any delinquent debts they owe to 

Federal agencies and states by offsetting 

those debts against all or part of their 

ACP payments to satisfy such debt. 

Even if some or all of a provider’s ACP 

payment has been offset to satisfy an 

outstanding Federal or State debt, it is 

required to pass the ACP discount to the 

customer for the service or connected 

device claimed. 

186. Do Not Pay. Pursuant to the 

requirements of the Payment Integrity 

Information Act of 2019 (PIIA), the 

Commission must ensure that a 

thorough review of available databases 

with relevant information on eligibility 

occurs to determine program or award 

eligibility and prevent improper 

payments before the release of any 

Federal funds. Payment Integrity 

Information (PIIA), Public Law 116–117, 

134 Stat. 113 (2019). To meet this 

requirement, the Commission and 

USAC will make full use of the Do Not 

Pay system administered by the 

Treasury’s Bureau of the Fiscal Service. 

If a check of the Do Not Pay system 

results in a finding that an ACP provider 

should not be paid, the Commission 

will withhold issuing commitments and 

payments. 

187. Database Connections for the 

Affordable Connectivity Program. To 

facilitate increased opportunity for 

automatic eligibility verification, USAC 

and the Commission have executed 

computer matching agreements (CMAs) 

with State and Federal partners for the 

EBB Program that allow USAC to 

continue to utilize those connections for 

the Affordable Connectivity Program, 

and the Commission directs USAC to 

continue to engage with State and 

Federal agencies with which there is no 

existing CMA for the Affordable 

Connectivity Program. In particular, the 

Commission expects USAC to continue 

to pursue establishing connections with 

eligibility databases for WIC, a new 

eligibility program under the Affordable 

Connectivity Program. The 

Infrastructure Act also requires the 

Secretaries of the Department of Health 

and Human Services (HHS), USDA, and 

the Department of Education to enter 

into a Memorandum of Understanding 

with USAC to share National Verifier 

data. Infrastructure Act, div. F, tit. V, 

sec. 60502(e). 

1. Application of Other Part 54 

Regulations 

188. The Infrastructure Act, 47 U.S.C. 

1752(f), permits the Commission to 

apply rules contained in part 54 of the 

Commission’s rules to the Affordable 

Connectivity Program. 

189. Subpart E. The Commission 

applies select portions of the regulations 

that control the Lifeline and EBB 

Program to the Affordable Connectivity 

Program. Specifically, the Commission 

applies the following definitions in 

section 54.400 to the Affordable 

Connectivity Program, subject to the 

further interpretations expounded upon 

in the Order: (f) Income; (g) duplicative 

support; (h) household; (i) National 

Lifeline Accountability Database or 

Database; (j) Qualifying assistance 

program; (k) Direct service; (l) 

Broadband internet access service; (o) 

National Lifeline Eligibility Verifier; and 

(p) Enrollment representatives. 47 CFR 

54.400(f), (g), (h), (i), (j), (k), (l), (o), and 

(p). 

190. The Commission requires 

providers to submit a certification in 

their reimbursement claim that every 

subscriber claimed has used their 

supported service, as defined in 47 CFR 

54.407(c)(2), in the last thirty days from 

the snapshot date for the relevant claims 

month or has timely cured their nonusage. Providers must retain 

documentation demonstrating the 

subscriber monthly usage to support 

this certification. To ensure that their 

ACP households are eligible to receive 

the affordable connectivity program 

benefit, a provider may not provide a 

consumer with an activated device that 

it represents enables use of affordable 

connectivity benefit supported service, 

nor may it activate service that it 

represents to be an ACP-supported 

service, unless and until it has: (1) 

Confirmed that the household is an 

eligible household, and; (2) completed 

the eligibility determination and 

certification and; (3) any other necessary 

enrollment steps expounded upon in 

the Order. 

191. To further bolster program 

integrity, the Commission applies the 

following sections of the Lifeline rules 

to the Affordable Connectivity Program: 

47 CFR 54.407(a), (c)(2)(i)–(v), (d) and 

(e), pertaining to the number of 

participants as of the first of the month 

(snapshot), the definition of service 

usage, reimbursement certifications, and 

records; 47 CFR 54.417, pertaining to 

recordkeeping requirements; and 47 

CFR 54.419, pertaining to the validity of 

e-signatures. 

192. The Commission applies to the 

ACP the relevant subsections of 47 CFR 

54.404, outlining carrier interactions 

with the NLAD, and portions of 47 CFR 

54.405 concerning carrier obligations 

and de-enrollment. Specifically, the 

Commission applies 47 CFR 

54.405(e)(1), (2), and (5), for deenrollments generally, de-enrollments 

for duplicative support, and deenrollments requested by the subscriber, 

respectively. The Commission directs 


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USAC to accept and process deenrollment requests directly from 

Affordable Connectivity Program 

subscribers, and to notify the 

subscriber’s provider when such a deenrollment occurs. 

193. Subpart H. The Commission 

applies 47 CFR 54.702(c) prohibiting 

USAC from making policy, interpreting 

unclear provisions of the statute or 

rules, or interpreting the intent of 

Congress. Additionally, the Commission 

grants USAC the authority to conduct 

program audits of contributors and 

providers, as provided in 47 CFR 

54.707, subject to the Commission’s 

further direction in the Order. 

194. Subpart I. As a path for recourse 

to parties aggrieved by decisions issued 

by USAC, review of decisions issued by 

USAC to follow the requirements set 

forth in 47 CFR part 54, subpart I. 

2. Delegations to the Bureaus and Office 

of Managing Director 

195. The Commission delegates 

authority to the Bureau and OMD to 

make necessary adjustments to the 

program administration and to provide 

additional detail and specificity to the 

requirements of the Affordable 

Connectivity Program to conform with 

the intent of the Order and ensure the 

efficient functioning of the program. 

196. The Commission delegates 

financial oversight of the program to 

OMD and directs it to work in 

coordination with the Bureau to ensure 

that all financial aspects of the program 

have adequate internal controls. OMD is 

required to consult with the Bureau on 

any policy matters affecting the 

program, consistent with 47 CFR 

0.91(a). OMD, in coordination with the 

Bureau, may issue additional directions 

to USAC and program participants in 

furtherance of its responsibilities. 

197. In its administration of the 

Program, USAC is directed to comply 

with, on an ongoing basis, all applicable 

laws and Federal Government guidance 

on privacy and information security 

standards and requirements, such as the 

Privacy Act (5 U.S.C. 552a), relevant 

provisions in the Federal Information 

Security Modernization Act of 2014 (44 

U.S.C. 3551 et seq.), National Institute of 

Standards and Technology publications, 

and Office of Management and Budget 

guidance. 

198. The Commission recognizes that, 

once implementation of the Affordable 

Connectivity Program begins, the 

Commission or USAC may encounter 

unforeseen issues or problems with the 

administration of the Affordable 

Connectivity Program and the 

Commission delegates to Commission 

staff the authority to address and resolve 

such issues consistent with the 

requirements adopted by the 

Commission. 

III. Severability 

199. All of the Affordable 

Connectivity Program rules that are 

adopted in the Order are designed to 

work in unison, and with existing 

Lifeline rules where noted, to 

implement the Affordable Connectivity 

Program, to offer discounts to eligible 

low-income households off of the cost of 

broadband service and certain 

connected devices, and to strengthen 

and protect the integrity of the 

program’s administration. However, 

each of the separate Affordable 

Connectivity Program rules the 

Commission adopt here serve a 

particular function toward these goals. 

Therefore, it is the Commission’s intent 

that each of the rules adopted herein 

shall be severable. If any of the rules is 

declared invalid or unenforceable for 

any reason, it is the Commission’s intent 

that the remaining rules shall remain in 

full force and effect. 

IV. Procedural Matters 

200. Regulatory Flexibility Act. The 

Regulatory Flexibility Act of 1980, as 

amended (RFA), requires that an agency 

prepare a final regulatory flexibility 

analysis ‘‘whenever an agency 

promulgates a final rule under [5 U.S.C. 

553], after being required by that section 

or any other law to publish a general 

notice of proposed rulemaking.’’ 5 

U.S.C. 604(a). Pursuant to the 

Consolidated Appropriations Act, as 

extended by the Infrastructure Act, 5 

U.S.C. 553 generally does not apply to 

the rulemaking proceeding 

implementing the Affordable 

Connectivity Program. See 47 U.S.C. 

1752(h)(1). Furthermore, as discussed 

preceding, the Commission finds ‘‘good 

cause’’ under 5 U.S.C. 553(b)(B) to adopt 

the consumer protection provisions 

enumerated under 47 U.S.C. 1752(b)(11) 

without strictly following the notice 

procedures specified in 5 U.S.C. 553(b), 

to the extent necessary, because 

following such procedures would be 

’’impracticable, unnecessary, [and] 

contrary to the public interest’’ in light 

of the statutory deadline for action to 

extend the EBB Program. 5 U.S.C. 

553(b)(B). Accordingly, no Final 

Regulatory Flexibility Analysis is 

required for the Report and Order. 

201. Congressional Review Act. The 

Commission has determined, and the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), concurs, that the regulations 

implementing the Affordable 

Connectivity Program are a ‘‘major rule’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). By exempting this 

rulemaking proceeding, in most 

respects, from the notice and comment 

provisions of the Administrative 

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

Commission concludes that Congress 

has determined notice and public 

procedure under the Administrative 

Procedure Act to be impracticable, 

unnecessary, or contrary to the public 

interest. In addition, the exemption of 

this proceeding from the Administrative 

Procedure Act requirement that rules 

cannot become effective until 30 days 

after publication in the Federal 

Register, 5 U.S.C. 553(d), demonstrates 

Congressional intent that the rules the 

Commission adopt shall become 

effective without delay. Furthermore, 

with respect to the consumer protection 

provisions enumerated under 47 U.S.C. 

1752(b)(11), the Commission finds good 

cause, to the extent necessary, to adopt 

these rules without notice and public 

procedure because implementing the 

rest of the program without these 

statutorily mandated consumer 

protections would undermine the 

overall scheme. Accordingly, the 

Commission finds for good cause that 

notice and public procedure on the 

rules adopted herein are impracticable, 

unnecessary, or contrary to the public 

interest, and therefore the rules 

promulgated in the Report and Order 

will become effective upon the dates 

specified herein pursuant to 5 U.S.C. 

808(2). The Commission will send a 

copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

202. Paperwork Reduction Act. 

Pursuant to 47 U.S.C. 1752(h)(2), the 

collection of information sponsored or 

conducted under the regulations 

promulgated in the Report and Order is 

deemed not to constitute a collection of 

information for the purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501–3521. 

Ordering Clauses 

203. Accordingly, it is ordered that, 

pursuant to the authority contained 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), this Report 

and Order is adopted. 

204. It is further ordered that part 54 

of the Commission’s rules, 47 CFR part 

54, is amended as set forth following, 

and such rule amendments shall be 

effective March 16, 2022, except for new 


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47 CFR 54.1802(b), 54.1804, 54.1807(b), 

54.1808(c)(1)–(2), 54.1809(c), and 

54.1810(a)–(b), which shall be effective 

April 15, 2022. 

List of Subjects in 47 CFR Part 54 

Communications common carriers, 

Health facilities, Infants and children, 

internet, Libraries, Reporting and 

recordkeeping requirements, Schools, 

Telecommunications, Telephone. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 54 as 

follows: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority for part 54 is revised 

to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 155, 201, 

205, 214, 219, 220, 229, 254, 303(r), 403, 

1004, 1302, 1601–1609, and 1752, unless 

otherwise noted. 

■ 2. Effective March 16, 2022, add 

subpart R, consisting of §§ 54.1800 

through 54.1812, to read as follows: 

Subpart R—Affordable Connectivity 

Program 

Sec. 

54.1800 Definitions. 

54.1801 Participating providers. 

54.1802 Affordable connectivity benefit. 

54.1803 Affordable Connectivity Program 

support amounts. 

54.1804 [Reserved] 

54.1805 Household qualification for 

Affordable Connectivity Program. 

54.1806 Household eligibility 

determinations and annual 

recertification. 

54.1807 Enrollment representative 

registration and compensation. 

54.1808 Reimbursement for providing 

monthly affordable connectivity benefit. 

54.1809 De-enrollment of subscribers from 

the Affordable Connectivity Program. 

54.1810 Consumer protection requirements. 

54.1811 Recordkeeping requirements. 

54.1812 Validity of electronic signatures. 

Subpart R—Affordable Connectivity 

Program 

§ 54.1800 Definitions. 

(a) Administrator. The term 

‘‘Administrator’’ means the Universal 

Service Administrative Company. 

(b) Affordable connectivity benefit. 

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. 

(c) Broadband internet access service. 

The term ‘‘broadband internet access 

service’’ has the meaning given such 

term in 47 CFR 8.1(b) or any successor 

regulation. 

(d) Broadband provider. The term 

‘‘broadband provider’’ means a provider 

of broadband internet access service. 

(e) Commission. The term 

‘‘Commission’’ means the Federal 

Communications Commission. 

(f) Connected device. The term 

‘‘connected device’’ means a laptop or 

desktop computer or a tablet. 

(g) Designated as an eligible 

telecommunications carrier. 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)). 

(h) Direct service. As used in this 

subpart, direct service means the 

provision of service directly to the 

qualifying low-income consumer. 

(i) Duplicative support. ‘‘Duplicative 

support’’ exists when an Affordable 

Connectivity Program subscriber or 

household is receiving two or more 

Affordable Connectivity Program 

services concurrently or two or more 

subscribers in a household have 

received a connected device with an 

Affordable Connectivity Program 

discount. 

(j) Eligible household. The term 

‘‘eligible household’’ means, regardless 

of whether the household or any 

member of the household receives 

support under subpart E of this Part, 

and regardless of whether any member 

of the household has any past or present 

arrearages with a broadband provider, a 

household in which— 

(1) At least one member of the 

household meets the qualifications in 

§ 54.409(a)(2) or (b) of this part (or any 

successor regulation); 

(2) The household’s income as 

defined in § 54.1800(k) is at or below 

200% of the Federal Poverty Guidelines 

for a household of that size; 

(3) At least one member of the 

household has applied for and been 

approved to receive benefits under the 

free and reduced price lunch program 

under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et 

seq.) or the school breakfast program 

under section 4 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1773), or at least 

one member of the household is 

enrolled in a school or school district 

that participates in the Community 

Eligibility Provision (42 U.S.C. 1759a); 

(4) At least one member of the 

household has received a Federal Pell 

Grant under section 401 of the Higher 

Education Act of 1965 (20 U.S.C. 1070a) 

in the current award year, if such award 

is verifiable through the National 

Verifier or National Lifeline 

Accountability Database or the 

participating provider verifies eligibility 

under § 54.1806(a)(2); 

(5) At least one member of the 

household meets the eligibility criteria 

for a participating provider’s existing 

low-income program, subject to the 

requirements of § 54.1806(a)(2); or 

(6) At least one member of the 

household receives assistance through 

the special supplemental nutritional 

program for women, infants and 

children established by section 17 of the 

Child Nutrition Act of 1996 (42 U.S.C. 

1786). 

(k) Enrollment representative. 

‘‘Enrollment representative’’ means an 

employee, agent, contractor, or 

subcontractor, acting on behalf of a 

participating provider or third-party 

entity, who directly or indirectly 

provides information to the 

Administrator for the purpose of 

eligibility verification, enrollment, 

subscriber personal information 

updates, benefit transfers, or deenrollment. 

(l) Household. A ‘‘household’’ is any 

individual or group of individuals who 

are living together at the same address 

as one economic unit. A household may 

include related and unrelated persons. 

An ‘‘economic unit’’ consists of all adult 

individuals contributing to and sharing 

in the income and expenses of a 

household. An adult is any person 

eighteen years or older. If an adult has 

no or minimal income, and lives with 

someone who provides financial 

support to him/her, both people shall be 

considered part of the same household. 

Children under the age of eighteen 

living with their parents or guardians 

are considered to be part of the same 

household as their parents or guardians. 

(m) Income. ‘‘Income’’ means gross 

income as defined under section 61 of 

the Internal Revenue Code, 26 U.S.C. 61, 

for all members of the household. This 

means all income actually received by 

all members of the household from 

whatever source derived, unless 

specifically excluded by the Internal 

Revenue Code, Part III of Title 26, 26 

U.S.C. 101 et seq. 

(n) Internet service offering. The term 

‘‘internet service offering’’ means, with 

respect to a broadband provider, 

broadband internet access service 


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provided by such provider to a 

household. 

(o) Lifeline qualifying assistance 

program. A ‘‘Lifeline qualifying 

assistance program’’ means any of the 

Federal or Tribal assistance programs 

the participation in which, pursuant to 

§ 54.409(a) or (b), qualifies a consumer 

for Lifeline service, including Medicaid; 

Supplemental Nutrition Assistance 

Program; Supplemental Security 

Income; Federal Public Housing 

Assistance; Veterans and Survivors 

Pension Benefit; Bureau of Indian 

Affairs general assistance; Tribally 

administered Temporary Assistance for 

Needy Families (Tribal TANF); Head 

Start (only those households meeting its 

income qualifying standard); or the 

Food Distribution Program on Indian 

Reservations (FDPIR). 

(p) National Lifeline Accountability 

Database. The ‘‘National Lifeline 

Accountability Database’’ is an 

electronic system, with associated 

functions, processes, policies and 

procedures, to facilitate the detection 

and elimination of duplicative support, 

as directed by the Commission. 

(q) National Lifeline Eligibility Verifier 

or National Verifier. The ‘‘National 

Lifeline Eligibility Verifier’’ or 

‘‘National Verifier’’ is an electronic and 

manual system with associated 

functions, processes, policies and 

procedures, to facilitate the 

determination of consumer eligibility 

for the Lifeline program and Affordable 

Connectivity Program, as directed by the 

Commission. 

(r) Participating provider. The term 

‘‘participating provider’’ means a 

broadband provider that— 

(1) Is designated as an eligible 

telecommunications carrier; or 

(2) Meets the requirements 

established by the Commission for 

participation in the Affordable 

Connectivity Program and is approved 

by the Commission under § 54.1801(b); 

and 

(3) Elects to participate in the 

Affordable Connectivity Program; and 

(4) Has not been removed or 

voluntarily withdrawn from the 

Affordable Connectivity Program 

pursuant to § 54.1801(e). 

(s) Tribal lands. For purposes of this 

subpart, ‘‘Tribal lands’’ include any 

federally recognized Indian tribe’s 

reservation, pueblo, or colony, 

including former reservations in 

Oklahoma; Alaska Native regions 

established pursuant to the Alaska 

Native Claims Settlement Act (85 Stat. 

688); Indian allotments; Hawaiian Home 

Lands—areas held in trust for Native 

Hawaiians by the State of Hawaii, 

pursuant to the Hawaiian Homes 

Commission Act, 1920 July 9, 1921, 42 

Stat. 108, et. seq., as amended; and any 

land designated as such by the 

Commission for purposes of subpart E of 

this part pursuant to the designation 

process in § 54.412. 

§ 54.1801 Participating providers. 

(a) Eligible telecommunications 

carriers. A broadband provider that is 

designated as an eligible 

telecommunications carrier may 

participate in the Affordable 

Connectivity Program as a participating 

provider. 

(b) Other broadband providers. A 

broadband provider that is not 

designated as an eligible 

telecommunications carrier may seek 

approval from the Wireline Competition 

Bureau to participate in the Affordable 

Connectivity Program as a participating 

provider. 

(1) The Wireline Competition Bureau 

shall review and act on applications to 

be designated as a participating provider 

on an expedited basis. Such 

applications shall contain: 

(i) The states or territories in which 

the provider plans to participate; 

(ii) The service areas in which the 

provider has the authority, if needed, to 

operate in each State or territory, but 

has not been designated an eligible 

telecommunications carrier; and, 

(iii) Certifications of the provider’s 

plan to combat waste, fraud, and abuse, 

which shall: 

(A) Confirm a household’s eligibility 

for the Program through either the 

National Verifier or a Commissionapproved eligibility verification process 

prior to seeking reimbursement for the 

respective subscriber; 

(B) Follow all enrollment 

requirements and obtain all 

certifications as required by the 

Program, including providing eligible 

households with information describing 

the Program’s eligibility requirements, 

one-per-household rule, and enrollment 

procedures; 

(C) Interact with the necessary 

Administrator systems, including the 

National Verifier, National Lifeline 

Accountability Database, and 

Representative Accountability Database, 

before submitting claims for 

reimbursement, including performing 

the necessary checks to ensure the 

household is not receiving duplicative 

benefits within the Program; 

(D) De-enroll from the Program any 

household it has a reasonable basis to 

believe is no longer eligible to receive 

the benefit consistent with Program 

requirements; 

(E) Comply with the Program’s 

document retention requirements and 

agree to make such documentation 

available to the Commission or USAC, 

upon request or any entities (for 

example, auditors) operating on their 

behalf; and 

(F) Agree to the Commission’s 

enforcement and forfeiture authority. 

(2) Notwithstanding paragraph (b)(1) 

of this section, the Wireline 

Competition Bureau 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. Such 

applications seeking automatic approval 

shall contain: 

(i) The States or territories in which 

the provider plans to participate; 

(ii) The service areas in which the 

provider has the authority, if needed, to 

operate in each State or territory, but 

has not been designated an Eligible 

Telecommunications Carrier; and, 

(iii) A description, supported by 

documentation, of the established 

program with which the provider seeks 

to qualify for automatic admission to the 

Affordable Connectivity Program. 

(c) Election notice. All participating 

providers shall file an election notice 

with the Administrator. The election 

notice shall be submitted in a manner 

and form consistent with the direction 

of the Wireline Competition Bureau and 

the Administrator. All participating 

providers shall maintain up-to-date 

contact and other administrative 

information contained in the election 

notice as designated by the Wireline 

Competition Bureau and the 

Administrator. These updates shall be 

made within 10 business days of the 

change in designated information 

contained in the election notice. The 

election notice shall be made under 

penalty of perjury or perjury and at a 

minimum should contain: 

(1) The states or territories in which 

the provider plans to participate in the 

Affordable Connectivity Program; 

(2) A statement that, in each State or 

territory, the provider was a ‘‘broadband 

provider;’’ 

(3) A list of states or territories where 

the provider is an existing Eligible 

Telecommunications Carrier, if any; 

(4) A list of states or territories where 

the provider received Wireline 

Competition Bureau approval, whether 

automatic or expedited, to participate, if 

any; 

(5) Whether the provider intends to 

distribute connected devices, and if so, 

documentation and information 

detailing the equipment, co-pay amount 


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charged to eligible households, and 

market value of the connected devices 

in compliance with the rules and orders 

of the Affordable Connectivity Program; 

and 

(6) Any other information necessary 

to establish the participating provider in 

the Administrator’s systems. 

(d) Alternative verification process 

application. In accordance with 

§ 54.1806(a)(2), all participating 

providers seeking to verify household 

eligibility with an alternative 

verification process shall submit an 

application in a manner and form 

consistent with the direction of Wireline 

Competition Bureau. All participating 

providers shall maintain up-to-date 

information contained in the 

application as designated by the 

Wireline Competition Bureau. These 

updates shall be made within 10 

business days of the change in 

designated information. The alternative 

verification process application shall be 

made under penalty of perjury and at a 

minimum should contain: 

(1) A description of how the 

participating provider will collect a 

prospective subscriber’s— 

(i) Full name, 

(ii) Phone number, 

(iii) Date of birth, 

(iv) Email address, 

(v) Home and mailing addresses, 

(vi) Name and date of birth of the 

benefit qualifying person if different 

than applicant, 

(vii) Household eligibility criteria and 

documentation supporting verification 

of eligibility, and 

(viii) Certifications from the 

household that the information 

included in the application is true. 

(2) A description of the process the 

participating provider uses to verify the 

required subscriber information 

contained in paragraph (d)(1) of this 

section and why this process is 

sufficient to prevent waste, fraud, and 

abuse, 

(3) A description of the training the 

participating provider uses for its 

employees and agents to prevent 

ineligible enrollments, including 

enrollments based on fabricated 

documents, 

(4) A description of why any of the 

criteria contained in paragraphs (d)(1) 

through (3) of this section is not 

necessary to prevent waste, fraud, and 

abuse if any of the criteria are not part 

of the alternative verification process, 

and 

(5) A description of why the 

participating provider’s established 

program requires approval of an 

alternative verification process and why 

the participating provider proposes to 

use an alternative verification process 

instead of the National Verifier for 

eligibility determinations. 

(e) Voluntary withdrawal or 

involuntary removal of participating 

providers from the Affordable 

Connectivity Program—(1) Definitions. 

For purposes of this paragraph (e): 

(i) Removal. Removal means 

involuntary discontinuation of a 

provider’s participation in the 

Affordable Connectivity Program 

pursuant to the process outlined in 

paragraphs (e)(2)(ii) and (iii) of this 

section. 

(ii) Suspension. Suspension means 

exclusion of a participating provider 

from activities related to the Affordable 

Connectivity Program for a temporary 

period pending completion of a removal 

proceeding. 

(2) Suspension and removal—(i) 

Suspension and removal in general. The 

Commission may suspend and/or 

remove a participating provider for any 

of the causes in paragraph (e)(2)(ii) of 

this section. Suspension or removal of a 

participating provider constitutes 

suspension or removal of all its 

divisions, other organizational elements, 

and individual officers and employees, 

unless the Commission limits the 

application of the suspension or 

removal to specifically identified 

divisions, other organizational elements, 

or individuals or to specific types of 

transactions. 

(ii) Causes for suspension or removal. 

Causes for suspension or removal are 

any of the following: 

(A) Violations of the rules or 

requirements of the Affordable 

Connectivity Program, the Emergency 

Broadband Benefit Program, the Lifeline 

program, the Emergency Connectivity 

Fund or successor programs, or any of 

the Commission’s Universal Service 

Fund programs; 

(B) Any action that indicates a lack of 

business integrity or business honesty 

that seriously and directly affects the 

provider’s responsibilities under the 

Affordable Connectivity Program, that 

undermines the integrity of the 

Affordable Connectivity Program, or 

that harms or threatens to harm 

prospective or existing program 

participants, including without 

limitation fraudulent enrollments. 

(C) A conviction or civil judgment for 

attempt or commission of fraud, theft, 

embezzlement, forgery, bribery, 

falsification or destruction of records, 

false statements, receiving stolen 

property, making false claims, 

obstruction of justice, or similar offense, 

that arises out of activities related to the 

Affordable Connectivity Program, the 

Emergency Broadband Benefit Program, 

the Lifeline program, the Emergency 

Connectivity Fund or successor 

programs, or any of the Commission’s 

Universal Service Fund programs. 

(iii) Suspension and removal 

procedures. The following procedures 

apply to the suspension and removal of 

a participating provider: 

(A) The Chief of the Wireline 

Competition Bureau or Enforcement 

Bureau will commence a removal 

proceeding by providing to the 

participating provider a notice via 

electronic mail and/or U.S. mail setting 

forth the legal and factual bases for the 

initiation of the removal proceeding (as 

well as notice of any interim measures 

taken under paragraph (e)(2)(iii)(B) of 

this section and reasons therefor) and 

informing the provider of its duty to 

respond within 30 days of the date of 

the notice. 

(B) Concurrent with the issuance of 

such notice commencing the removal 

proceeding, or at any time before a final 

determination in the proceeding is 

rendered, the Chief of the Wireline 

Competition Bureau or Enforcement 

Bureau may, in light of the facts and 

circumstances set forth in the notice 

commencing the removal proceeding, 

and with notice to the provider of this 

interim measure, direct that the 

participating provider be removed from 

the Commission’s list of providers, from 

the Administrator’s Companies Near Me 

Tool, or from any similar records, and 

also may direct the Administrator to 

temporarily suspend the provider’s 

ability to enroll or transfer in new 

subscribers during the pendency of the 

removal proceeding. Any such interim 

actions may be taken only {i} if based 

upon adequate evidence of willful 

misconduct that would warrant removal 

under paragraph (e)(2)(ii) of this section, 

and {ii} after determining that 

immediate action is necessary to protect 

the public interest. In addition, the 

Chief of the Wireline Competition 

Bureau or Enforcement Bureau may also 

direct, with notice to the provider, that 

an interim funding hold (or partial hold) 

be placed on the provider upon a 

determination that there is adequate 

evidence that the provider’s misconduct 

is likely to cause or has already resulted 

in improper claims for Affordable 

Connectivity Program reimbursement 

and is necessary to protect the public 

interest. Any funding hold should be 

tailored in a manner that relates to and 

is proportionate to the alleged 

misconduct. 

(C) The participating provider shall 

respond within 30 days of the date of 

the notice commencing the removal 

proceeding with any relevant evidence 

demonstrating that a rule violation or 


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other conduct warranting removal has 

not in fact occurred and that the 

provider should not be removed from 

the Affordable Connectivity Program. 

Failure to respond or to provide 

evidence in a timely manner will result 

in a finding against the provider, 

removal from the program, and 

revocation of the provider’s 

authorization to participate in the 

Affordable Connectivity Program. 

(D) Within 30 days of receiving the 

response, the Chief of the Wireline 

Competition Bureau or Enforcement 

Bureau will make a determination and 

issue an order providing a detailed 

explanation for the determination. If the 

Chief of the Wireline Competition 

Bureau or Enforcement Bureau 

determines that a preponderance of the 

evidence fails to demonstrate that there 

has been conduct warranting removal, 

then any measures taken under 

paragraph (e)(2)(iii)(B) of this section 

will be discontinued immediately. If the 

Chief of the Wireline Competition 

Bureau or Enforcement Bureau 

determines by a preponderance of the 

evidence that there has been conduct 

warranting removal, the provider’s 

authorization to participate in the 

Affordable Connectivity Program will be 

revoked, and the provider shall be 

immediately removed from the program. 

Upon removal from the program, the 

former participating provider shall be 

barred from seeking to rejoin, and from 

participating in, the Affordable 

Connectivity Program for at least five 

years, or such longer period as provided 

for in the order, based upon review of 

all relevant circumstances. Any such 

providers will be similarly barred from 

participation in any Affordable 

Connectivity Program successor 

program during the removal period 

determined under the order. 

(E) A provider may request 

reconsideration of the Bureau Chief’s 

determination under paragraph 

(e)(2)(iii)(D) of this section or submit a 

request for review by the full 

Commission pursuant to the 

Commission’s rules. See §§ 1.106, 1.115 

of this chapter. A provider may also 

seek a stay of the Bureau Chief’s 

determination under §§ 1.43 and 

1.102(b)(3) of this chapter. 

(3) Voluntary withdrawal. A 

participating provider may withdraw its 

election to participate in the Affordable 

Connectivity Program by submitting a 

written notice of voluntary withdrawal 

to the Administrator at least 90 days 

before the intended effective date of the 

withdrawal. The notice of voluntary 

withdrawal shall include statements 

that the provider is complying with 

each of the transition provisions set 

forth in paragraph (d)(4) of this section. 

(4) Transition provisions for 

participating providers that are removed 

or that voluntarily withdraw from the 

program and their subscribers. (i) A 

participating provider shall cease to 

enroll or transfer in new households or 

to advertise or market the discounted 

rates for its services subject to the 

affordable connectivity benefit— 

(A) Immediately upon the effective 

date of the final removal determination, 

unless the provider has already been 

precluded on an interim basis from 

transferring in or enrolling new 

households; or 

(B) At least 90 days before the 

effective date of the provider’s voluntary 

withdrawal from the program. 

(ii) A participating provider shall 

provide notices regarding its removal 

from the program to its existing eligible 

household subscribers to which it 

provides service at discounted rates 

subject to the affordable connectivity 

benefit. 

(A) The provider shall issue the first 

notice within 30 days of the removal 

determination and the second notice at 

least 15 days before the effective date of 

the provider’s removal from the 

Affordable Connectivity Program. 

(B) Such notices shall include— 

(1) A statement that the participating 

provider will be removed from and no 

longer be participating in the Affordable 

Connectivity Program; 

(2) The effective date of the provider’s 

removal from the Affordable 

Connectivity Program; 

(3) A statement that upon the effective 

date of the removal, the service 

purchased by the eligible household 

will no longer be available from the 

provider at the discounted rate subject 

to the affordable connectivity benefit; 

(4) The amount that the eligible 

household will be expected to pay if it 

continues purchasing the service from 

the provider after the discounted rate is 

no longer available; 

(5) An explanation that in order to 

continue receiving internet service with 

an affordable connectivity benefit after 

the provider has been removed from the 

program, the eligible household must 

transfer its affordable connectivity 

benefit to a different participating 

provider; 

(6) Information on how to locate 

providers participating in the Affordable 

Connectivity Program, including the 

web address for USAC’s Companies 

Near Me tool, any provider listing 

published by the Commission, and other 

resources as applicable; 

(7) Instructions on how to find and 

select a new participating provider and 

to request such a transfer; 

(8) The provider’s customer service 

telephone number and the telephone 

number and email address of the 

Administrator’s Affordable Connectivity 

Program support center; and 

(9) Other information as determined 

by the Wireline Competition Bureau. 

(iii) A participating provider shall 

provide written notices regarding its 

voluntary withdrawal from the program 

to its existing eligible household 

subscribers to which it provides service 

at discounted rates subject to the 

affordable connectivity benefit. 

(A) The provider shall issue such 

notices 90 days, 60 days, and 30 days 

before the effective date of the 

provider’s voluntary withdrawal from 

the program. 

(B) Such notices shall include— 

(1) The date when the service 

purchased by the eligible household 

will no longer be available from the 

provider at the discounted rate subject 

to the affordable connectivity benefit; 

(2) The amount that the eligible 

household will be expected to pay if it 

continues purchasing the service from 

the provider after the affordable 

connectivity program discount is no 

longer available and the effective date of 

the new rate; 

(3) An explanation that in order to 

continue receiving internet service with 

an affordable connectivity benefit after 

the provider withdraws from the 

Affordable Connectivity Program, the 

eligible household shall transfer its 

affordable connectivity benefit to a 

different participating provider; 

(4) Instructions on how to find and 

select a new participating provider and 

to request such a transfer; 

(5) Information on how to locate 

providers participating in the Affordable 

Connectivity Program, including the 

web address for the Administrator’s 

Companies Near Me tool, any provider 

listing published by the Commission, 

and other resources as applicable; and 

(6) The provider’s customer service 

telephone number and the telephone 

number and email address of the 

Administrator’s Affordable Connectivity 

Program support center. 

(iv) A provider shall continue 

providing service to its existing eligible 

household subscribers at discounted 

rates subject to the affordable 

connectivity benefit— 

(A) Until the date 60 days after the 

effective date of the removal or order; or 

(B) Until the effective date of its 

voluntary withdrawal from the program. 

(v) A provider that has been removed 

or that has voluntarily withdrawn from 


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the program may continue to request 

and receive reimbursements from the 

Administrator for the amount of the 

affordable connectivity benefit 

discounts that it provided to eligible 

household subscribers during the 

required 60 days following removal or 

until voluntary withdrawal, subject to 

the deadline for filing reimbursement 

claims. 

(vi) The provider shall retain records 

demonstrating its compliance with these 

transition requirements. 

(f) Annual certification by 

participating providers. An officer of the 

participating provider who oversees 

Affordable Connectivity Program 

business activities shall annually 

certify, under the penalty of perjury, 

that the participating provider has 

policies and procedures in place to 

comply with all Affordable Connectivity 

Program rules and procedures. This 

annual certification shall be made in a 

manner prescribed by the Wireline 

Competition Bureau and the 

Administrator. At a minimum, the 

annual certification requires the 

aforementioned officer of the 

participating provider attest to: 

(1) The participating provider having 

policies and procedures in place to 

ensure that its enrolled households are 

eligible to receive Affordable 

Connectivity Program support; 

(2) The participating provider having 

policies and procedures in place to 

ensure it accurately and completely 

provides information to required 

administrative systems, including the 

National Verifier, National Lifeline 

Accountability Database, Representative 

Accountability Database, and other 

Administrator Systems; and, 

(3) The participating provider 

acknowledging that: 

(i) It is subject to the Commission’s 

enforcement, fine, or forfeiture authority 

under the Communications Act; 

(ii) It is liable for violations of the 

Affordable Connectivity Program rules 

and that its liability extends to 

violations by its agents, contractors, and 

representatives; 

(iii) Failure to be in compliance and 

remain in compliance with the 

Affordable Connectivity Program rules 

and orders, or for its agents, contractors, 

or representatives to fail to be in 

compliance, may result in the denial of 

funding, cancellation of funding 

commitments, and the recoupment of 

past disbursements; and 

(iv) Failure to comply with the rules 

and orders governing the Affordable 

Connectivity Program could result in 

civil or criminal prosecution by law 

enforcement authorities. 

§ 54.1802 Affordable connectivity benefit. 

(a) The Affordable Connectivity 

Program will provide reimbursement to 

a participating provider for the monthly 

affordable connectivity benefit on the 

price of broadband internet access 

service (including associated equipment 

necessary to provide such service) it 

provides to an eligible household plus 

any amount the participating provider is 

entitled to receive for providing a 

connected device to such a household 

under § 54.1803(b). 

(b) [Reserved] 

§ 54.1803 Affordable Connectivity Program 

support amounts. 

(a) The monthly affordable 

connectivity benefit support amount for 

all participating providers shall equal 

the actual discount provided to an 

eligible household off of the actual 

amount charged to such household but 

not more than $30.00 per month, if that 

provider certifies that it will pass 

through the full amount of support to 

the eligible household, or not more than 

$75.00 per month, if that provider 

certifies that it will pass through the full 

amount of support to the eligible 

household on Tribal lands, as defined in 

§ 54.1800(s). 

(b) A participating provider that, in 

addition to providing a broadband 

internet access service subject to the 

affordable connectivity benefit to an 

eligible household, supplies such 

household with a connected device may 

be reimbursed by an amount equal to 

the market value of the device less the 

amount charged to and paid by the 

eligible household, but no more than 

$100.00 for such connected device. 

(1) A participating provider that 

provides a connected device to an 

eligible household shall charge and 

collect from the eligible household more 

than $10.00 but less than $50.00 for 

such connected device; 

(2) An eligible household may 

receive, and a participating provider 

may receive reimbursement for, no more 

than one (1) connected device per 

eligible household; 

(3) The eligible household shall not 

receive such a discount for a connected 

device, and the participating provider 

shall not receive reimbursement for 

providing the connected device at such 

a discount, if the household or any 

member of the household previously 

received a discounted connected device 

from a participating provider in the 

Emergency Broadband Benefit Program 

or in the Affordable Connectivity 

Program. 

§ 54.1804 [Reserved] 

§ 54.1805 Household qualifications for 

Affordable Connectivity Program. 

(a) To qualify for the Affordable 

Connectivity Program, a household 

must constitute an eligible household 

under the definition in § 54.1800(j). 

(b) In addition to meeting the 

qualifications provided in paragraph (a) 

of this section, in order to qualify to 

receive an affordable connectivity 

benefit from a participating provider, 

neither the eligible household nor any 

member of the household may already 

be receiving another affordable 

connectivity benefit from that 

participating provider or any other 

participating provider. 

§ 54.1806 Household eligibility 

determinations and annual recertification. 

(a) Eligibility verification processes. 

To verify whether a household is an 

eligible household, a participating 

provider shall— 

(1) Use the National Verifier; or 

(2) Rely upon an alternative 

verification process of the participating 

provider, if— 

(i) The participating provider submits 

information as required by the 

Commission regarding the alternative 

verification process prior to seeking 

reimbursement; and 

(ii) Not later than 7 days after 

receiving the information required 

under paragraph(a)(2)(i) of this section, 

the Wireline Competition Bureau— 

(A) Determines that the alternative 

verification process will be sufficient to 

avoid waste, fraud, and abuse; and 

(B) Notifies the participating provider 

of the determination under paragraph 

(a)(2)(ii)(A) of this section. 

(3) Rely on a school to verify the 

eligibility of a household based on the 

participation of the household in the 

free and reduced price lunch program or 

the school breakfast program as 

described in § 54.1800(j)(3). The 

participating provider shall retain 

documentation demonstrating the 

school verifying eligibility, the 

program(s) that the school participates 

in, the qualifying household, and the 

program(s) the household participates 

in. 

(4) Check its own electronic systems, 

whether such systems are maintained by 

the participating provider or a third 

party, to confirm that the household is 

not already receiving another affordable 

connectivity benefit from that 

participating provider. 

(5) Collect and retain documentation 

establishing at least one member of the 

household is enrolled in a school or 

school district that participates in the 


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National School Lunch Program’s 

Community Eligibility Provision (CEP) 

(42 U.S.C. 1759a) if enrolling 

households based on CEP eligibility. 

(b) Participating providers’ 

obligations. All participating providers 

shall implement policies and 

procedures for ensuring that their 

Affordable Connectivity Program 

households are eligible to receive the 

affordable connectivity benefit. A 

provider may not provide a consumer 

with service that it represents to be 

Affordable Connectivity Programsupported service or seek 

reimbursement for such service, unless 

and until it has: 

(1) Confirmed that the household is 

an eligible household pursuant to 

§ 54.1805(a) and (b); 

(2) Completed any other necessary 

enrollment steps, and; 

(3) Securely retained all information 

and documentation it receives related to 

the eligibility determination and 

enrollment, consistent with § 54.1811. 

(c) One-per-household worksheet. If 

the prospective household shares an 

address with one or more existing 

Affordable Connectivity Program 

subscribers according to the National 

Lifeline Accountability Database or 

National Verifier, the prospective 

subscriber shall complete a form 

certifying compliance with the one-perhousehold rule set forth in § 54.1805(b) 

prior to initial enrollment. 

(d) The National Lifeline 

Accountability Database. In order to 

receive Affordable Connectivity 

Program support, participating 

providers shall comply with the 

following requirements: 

(1) All participating providers shall 

query the National Lifeline 

Accountability Database to determine 

whether a prospective subscriber is 

currently receiving an Affordable 

Connectivity Program supported service 

from another participating provider; and 

whether anyone else living at the 

prospective subscriber’s residential 

address is currently receiving an 

Affordable Connectivity Programsupported service. 

(2) If the National Lifeline 

Accountability Database indicates that a 

prospective subscriber who is not 

seeking to transfer his or her affordable 

connectivity benefit, is currently 

receiving an Affordable Connectivity 

Program-supported service, the 

participating provider shall not provide 

and shall not seek or receive Affordable 

Connectivity Program reimbursement 

for that subscriber. 

(3) Participating providers may query 

the National Lifeline Accountability 

Database only for the purposes provided 

in paragraphs (d)(1) and (2) and (e)(1) 

and (2) of this section, and to determine 

whether information with respect to its 

subscribers already in the National 

Lifeline Accountability Database is 

correct and complete. 

(4) Participating providers shall 

transmit to the National Lifeline 

Accountability Database in a format 

prescribed by the Administrator each 

new and existing Affordable 

Connectivity Program subscriber’s full 

name; full residential address; date of 

birth; the telephone number associated 

with the Affordable Connectivity 

Program service; the date on which the 

Affordable Connectivity Program 

discount was initiated; the date on 

which the Affordable Connectivity 

Program discount was terminated, if it 

has been terminated; the amount of 

support being sought for that subscriber; 

and the means through which the 

subscriber qualified for the Affordable 

Connectivity Program. 

(5) All participating providers shall 

update an existing Affordable 

Connectivity Program subscriber’s 

information in the National Lifeline 

Accountability Database within ten 

business days of receiving any change to 

that information, except as described in 

paragraph (d)(7) of this section. 

(6) All participating providers shall 

obtain, from each new and existing 

subscriber, consent to transmit the 

subscriber’s information. Prior to 

obtaining consent, the participating 

provider shall describe to the 

subscriber, using clear, easily 

understood language, the specific 

information being transmitted, that the 

information is being transmitted to the 

Administrator to ensure the proper 

administration of the Affordable 

Connectivity Program, and that failure 

to provide consent will result in 

subscriber being denied the affordable 

connectivity benefit. 

(7) When a participating provider deenrolls a subscriber from the Affordable 

Connectivity Program, it shall transmit 

to the National Lifeline Accountability 

Database the date of Affordable 

Connectivity Program de-enrollment 

within one business day of deenrollment. 

(8) All participating providers shall 

securely retain subscriber 

documentation that the participating 

provider reviewed to verify subscriber 

eligibility, for the purposes of 

production during audits or 

investigations or to the extent required 

by National Lifeline Accountability 

Database or National Verifier processes, 

which require, inter alia, verification of 

eligibility, identity, address, and age. 

(9) A participating provider shall not 

enroll or claim for reimbursement a 

prospective subscriber in the Affordable 

Connectivity Program if the National 

Lifeline Accountability Database or 

National Verifier cannot verify the 

subscriber’s status as alive, unless the 

subscriber produces documentation to 

demonstrate his or her identity and 

status as alive. 

(10) A participating provider shall 

apply the Affordable Connectivity 

Program benefit no later than the start 

of the first billing cycle after the 

household’s enrollment or transfer, and 

pass through the discount to the 

household prior to claiming 

reimbursement for the discount in the 

Affordable Connectivity Program. 

(e) Connected device reimbursement 

and the National Lifeline Accountability 

Database. In order to receive Affordable 

Connectivity Program reimbursement 

for a connected device, participating 

providers shall comply with 

§ 54.1803(b) and the following 

requirements: 

(1) Such participating provider shall 

query the National Lifeline 

Accountability Database to determine 

whether a prospective connected device 

benefit recipient has previously 

received a connected device benefit. 

(2) If the National Lifeline 

Accountability Database indicates that a 

prospective subscriber has received a 

connected device benefit, the 

participating provider shall not seek a 

connected device reimbursement for 

that subscriber. 

(3) Such participating provider shall 

not seek a connected device 

reimbursement for a subscriber that is 

not receiving the affordable connectivity 

benefit for service provided by the same 

participating provider, except that a 

participating provider may seek 

reimbursement for a connected device 

provided to a household if the 

household had been receiving an 

Affordable Connectivity Programsupported service from that provider at 

the time the connected device was 

supplied to the household, but the 

household subsequently transferred its 

benefit to another provider before the 

provider had an opportunity to claim 

the connected device. 

(4) Where two or more participating 

providers file a claim for a connected 

device reimbursement for the same 

subscriber, only the participating 

provider whose information was 

received and processed by the National 

Lifeline Accountability Database or 

Lifeline Claims System first, as 

determined by the Administrator, will 

be entitled to a connected device 

reimbursement for that subscriber. 


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(5) All participating providers shall 

obtain from each subscriber consent to 

transmit the information required under 

paragraphs (d)(1) and (e)(1) of this 

section. Prior to obtaining consent, the 

participating provider shall describe to 

the subscriber, using clear, easily 

understood language, the specific 

information being transmitted, that the 

information is being transmitted to the 

Administrator to ensure the proper 

administration of the Affordable 

Connectivity Program connected device 

benefit, and that failure to provide 

consent will result in the subscriber 

being denied the Affordable 

Connectivity Program connected device 

benefit. 

(6) In a manner and form consistent 

with the direction of the Wireline 

Competition Bureau and the 

Administrator, a participating provider 

shall provide to the Administrator 

information concerning the connected 

device supplied to the household, 

including device type, device make, 

device model, subscriber ID of the 

household that received the device, date 

the device was delivered to the 

household, method used to provide the 

device (shipped, in store, or installed by 

provider), market value of the device, 

and amount paid by the household to 

the provider for the device. No claim for 

reimbursement for a connected device 

supplied by the participating provider 

to the household shall be submitted 

prior to payment by the household of 

the amount described in § 54.1803(b)(1). 

(f) Annual eligibility re-certification. 

(1) Participating providers shall recertify annually all Affordable 

Connectivity Program subscribers whose 

initial eligibility was verified through 

the participating provider’s approved 

alternative verification process or 

through a school, except where the 

Administrator using the National 

Verifier is responsible for the annual 

recertification of Affordable 

Connectivity Program subscribers. The 

Administrator using the National 

Verifier will re-certify the eligibility of 

all other Affordable Connectivity 

Program subscribers. Affordable 

Connectivity Program subscribers who 

are also enrolled in Lifeline may rely on 

a successful recertification for the 

Lifeline program to satisfy this 

requirement. 

(2) In order to recertify a subscriber’s 

eligibility for the Affordable 

Connectivity Program, a participating 

provider shall confirm a subscriber’s 

current eligibility to receive an 

affordable connectivity benefit by 

following the eligibility process and 

requirements under paragraphs (b)(1) 

through (5) of this section and shall also 

follow the requirements and processes 

for either its alternative verification 

processes approved under paragraph 

(a)(2) of this section or the eligibility 

verification processes and requirements 

for school-based eligibility verifications 

in paragraph (a)(3) of this section, 

confirming that the subscriber still 

meets the program or income-based 

eligibility requirements for the 

Affordable Connectivity Program, and 

documenting the results of that review. 

(3) Where the Administrator is 

responsible for re-certification of a 

subscriber’s Affordable Connectivity 

Program eligibility, the Administrator 

shall confirm a subscriber’s current 

eligibility to receive Affordable 

Connectivity Program service by: 

(i) Querying the appropriate eligibility 

databases, confirming that the 

subscriber still meets the program-based 

eligibility requirements for the 

Affordable Connectivity Program, and 

documenting the results of that review; 

or 

(ii) Querying the appropriate income 

databases, confirming that the 

subscriber continues to meet the 

income-based eligibility requirements 

for the Affordable Connectivity 

Program, and documenting the results of 

that review; or 

(iii) If the subscriber’s program-based 

or income-based eligibility for the 

Affordable Connectivity Program cannot 

be determined by accessing one or more 

eligibility or income databases, then the 

Administrator shall obtain a signed 

certification from the subscriber 

confirming the subscriber’s continued 

eligibility. If the subscriber’s eligibility 

was previously confirmed through an 

eligibility or income database during 

enrollment or a prior recertification and 

the subscriber is no longer included in 

any eligibility or income database the 

Administrator shall obtain both an 

approved Annual Recertification Form 

and acceptable documentation 

demonstrating eligibility from that 

subscriber to complete the 

recertification process. 

(4) Where the Administrator is 

responsible for re-certification of 

subscribers’ Affordable Connectivity 

Program eligibility, the Administrator 

shall provide to each provider the 

results of its annual re-certification 

efforts with respect to that provider’s 

subscribers. 

(5) If a provider is unable to re-certify 

a subscriber or has been notified by the 

Administrator that it is unable to recertify a subscriber, the provider shall 

comply with the de-enrollment 

requirements provided for in 

§ 54.1809(d). 

(6) One-Per-Household Worksheet—at 

re-certification, if the subscriber resides 

at the same address as another 

Affordable Connectivity Program 

subscriber and there are changes to the 

subscriber’s household relevant to 

whether the subscriber is only receiving 

one affordable connectivity benefit per 

household, then the subscriber shall 

complete a new Household Worksheet. 

Providers must retain the one-perhousehold worksheet for subscribers 

subject to this requirement in 

accordance with § 54.1811. 

§ 54.1807 Enrollment representative 

registration and compensation. 

(a) Enrollment representative 

registration. A participating provider 

shall require that enrollment 

representatives register with the 

Administrator before the enrollment 

representative can provide information 

directly or indirectly to the National 

Lifeline Accountability Database or the 

National Verifier. 

(1) As part of the registration process, 

participating providers shall require that 

all enrollment representatives provide 

the Administrator with identifying 

information, which may include first 

and last name, date of birth, the last four 

digits of his or her social security 

number, email address, and residential 

address. Enrollment representatives will 

be assigned a unique identifier, which 

shall be used for: 

(i) Accessing the National Lifeline 

Accountability Database; 

(ii) Accessing the National Verifier; 

(iii) Accessing any eligibility 

database; and 

(iv) Completing any Affordable 

Connectivity Program enrollment or 

verification forms. 

(2) Participating providers shall 

ensure that enrollment representatives 

shall not use another person’s unique 

identifier to enroll Affordable 

Connectivity Program subscribers, 

recertify Affordable Connectivity 

Program subscribers, or access the 

National Lifeline Accountability 

Database or National Verifier. 

(3) Participating providers shall 

ensure that enrollment representatives 

shall regularly recertify their status with 

the Administrator to maintain their 

unique identifier and maintain access to 

the systems that rely on a valid unique 

identifier. Participating providers shall 

also ensure that enrollment 

representatives shall update their 

registration information within 30 days 

of any change in such information. 

(b) [Reserved] 


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§ 54.1808 Reimbursement for providing 

monthly affordable connectivity benefit. 

(a) Affordable Connectivity Program 

support for providing a qualifying 

broadband internet access service shall 

be provided directly to a participating 

provider based on the number of actual 

qualifying low-income households 

listed in the National Lifeline 

Accountability Database that the 

participating provider serves directly as 

of the first day of the calendar month. 

(b) For each eligible household 

receiving the affordable connectivity 

benefit on a broadband internet access 

service, the reimbursement amount 

shall equal the appropriate support 

amount as described in § 54.1803. The 

participating provider’s Affordable 

Connectivity Program reimbursement 

shall not exceed the actual amount 

charged by the participating provider. 

(c) A participating provider offering a 

service subject to the affordable 

connectivity benefit that does not 

require the participating provider to 

assess and collect a monthly fee from its 

subscribers shall not receive support for 

a subscriber to such service until the 

subscriber activates the service by 

whatever means specified by the 

provider; and 

(1) [Reserved] 

(2) [Reserved] 

(d) A participating provider that, in 

addition to providing the affordable 

connectivity benefit to an eligible 

household, provides such household 

with a connected device may be 

reimbursed in the amount and subject to 

the conditions specified in §§ 54.1803(b) 

and 54.1806(e). 

(e) In order to receive Affordable 

Connectivity Program reimbursement, 

an officer of the participating provider 

shall certify, under penalty of perjury, 

as part of each request for 

reimbursement, that: 

(1) The officer is authorized to submit 

the request on behalf of the participating 

provider; 

(2) The officer has read the 

instructions relating to reimbursements 

and the funds sought in the 

reimbursement request are for services 

and/or devices that were provided in 

accordance with the purposes and 

objectives set forth in the statute, rules, 

requirements, and orders governing the 

Affordable Connectivity Program; 

(3) The participating provider is in 

compliance with and satisfied all 

requirements in the statute, rules, and 

orders governing the Affordable 

Connectivity Program reimbursement, 

and the provider acknowledges that 

failure to be in compliance and remain 

in compliance with Affordable 

Connectivity Program statutes, rules, 

and orders may result in the denial of 

reimbursement, cancellation of funding 

commitments, and/or recoupment of 

past disbursements; 

(4) The participating provider has 

obtained valid certification and 

application forms as required by the 

rules in this subpart for each of the 

subscribers for whom it is seeking 

reimbursement; 

(5) The amount for which the 

participating provider is seeking 

reimbursement from the Affordable 

Connectivity Fund is not more than the 

amount charged to the eligible 

household and the discount has already 

been passed through to the household; 

(6) Each eligible household for which 

the participating provider is seeking 

reimbursement for providing an internet 

service offering discounted by the 

affordable connectivity benefit— 

(i) Has not been and will not be 

charged for the amount the provider is 

seeking for reimbursement; 

(ii) Will not be required to pay an 

early termination fee if such eligible 

household elects to enter into a contract 

to receive such internet service offering 

if such household later terminates such 

contract; 

(iii) Was not, after the date of the 

enactment of the Consolidated 

Appropriations Act, 2021, as amended 

by the Infrastructure Investment and 

Jobs Act, subject to a mandatory waiting 

period for such internet service offering 

based on having previously received 

broadband internet access service from 

such participating provider; and 

(iv) Will otherwise be subject to the 

participating provider’s generally 

applicable terms and conditions as 

applied to other subscribers. 

(7) Each eligible household for which 

the participating provider is seeking 

reimbursement for supplying such 

household with a connected device was 

charged by the provider and has paid 

more than $10.00 but less than $50.00 

for such connected device; 

(8) If offering a connected device, the 

connected device claimed meets the 

Commission’s requirements, the 

representations regarding the devices 

made on the provider’s website and 

promotional materials are true and 

accurate, that the reimbursement claim 

amount does not exceed the market 

value of the connected device less the 

amount charged to and paid by the 

eligible household, and that the 

connected device has been delivered to 

the household; 

(9) If the participating provider used 

an alternative verification process to 

verify that each household is eligible for 

the Affordable Connectivity Program, 

the verification process used was 

designed to avoid waste, fraud, and 

abuse; 

(10) If seeking reimbursement for a 

connected device, the provider has 

retained the relevant supporting 

documents that demonstrate the 

connected devices requested are eligible 

for reimbursement and submitted the 

required information; 

(11) No Federal subsidy made 

available through a program 

administered by the Commission that 

provides funds to be used for the capital 

expenditures necessary for the provision 

of advanced communications services 

has been or will be used to purchase, 

rent, lease, or otherwise obtain, any 

covered communications equipment or 

service, or maintain any covered 

communications equipment or service 

previously purchased, rented, leased, or 

otherwise obtained, as required by 

§ 54.10; 

(12) All documentation associated 

with the reimbursement form, including 

all records for services and/or connected 

devices provided, will be retained for a 

period of at least six years after the last 

date of delivery of the supported 

services and/or connected devices 

provided through the Affordable 

Connectivity Program, and are subject to 

audit, inspection, or investigation and 

will be made available at the request of 

any representative (including any 

auditor) appointed by the Commission 

and its Office of Inspector General, or 

any local, State, or Federal agency with 

jurisdiction over the provider; 

(13) The provider has not offered, 

promised, received, or paid kickbacks, 

as defined by 41 U.S.C. 8701, in 

connection with the Affordable 

Connectivity Program; 

(14) The information contained in this 

form is true, complete, and accurate to 

the best of the officer’s knowledge, 

information, and belief, and is based on 

information known to the officer or 

provided to the officer by employees 

responsible for the information being 

submitted; 

(15) The officer is aware that any 

false, fictitious, or fraudulent 

information, or the omission of any 

material fact on this request for 

reimbursement or any other document 

submitted by the provider, may subject 

the provider and the officer to 

punishment by fine or forfeiture under 

the Communications Act (47 U.S.C. 502, 

503(b), 1606), or fine or imprisonment 

under Title 18 of the United States Code 

(18 U.S.C. 1001, 286–87, 1343), or can 

lead to liability under the False Claims 

Act (31 U.S.C. 3729–3733, 3801–3812); 

(16) No service costs or devices 

sought for reimbursement have been 

waived, paid, or promised to be paid by 


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another entity, including any other 

Federal or State program; 

(17) All enrollments and transfers 

completed by the provider were bona 

fide, requested and consented by the 

subscriber household after receiving the 

disclosures required under § 54.1810(a) 

and (b), and made pursuant to program 

rules; and 

(18) The provider used the National 

Lifeline Accountability Database as a 

tool for enrollment, reimbursement 

calculations, and duplicate checks in all 

States, territories, and the District of 

Columbia, and checked their records in 

accordance with § 54.1806(a)(4). 

(f) In order to receive Affordable 

Connectivity Program reimbursement, a 

participating provider shall keep 

accurate records of the revenues it 

forgoes in providing Affordable 

Connectivity Program-supported 

services. Such records shall be kept in 

the form directed by the Administrator 

and provided to the Administrator at 

intervals as directed by the 

Administrator or as provided in this 

subpart. 

(g) In order to receive reimbursement, 

participating providers shall submit 

certified reimbursement claims through 

the Lifeline Claims System within six 

months of the snapshot date in 

paragraph (a) of this section, or the 

following business day in the event the 

1st is a holiday or falls on a weekend. 

If the participating provider fails to 

submit a certified reimbursement claim 

by the six-month deadline, the 

reimbursement claim will not be 

processed. 

§ 54.1809 De-enrollment from the 

Affordable Connectivity Program. 

(a) De-enrollment generally. If a 

participating provider has a reasonable 

basis to believe that an Affordable 

Connectivity Program subscriber does 

not meet or no longer meets the criteria 

to be considered an eligible household 

under § 54.1805, the participating 

provider shall notify the subscriber of 

impending termination of his or her 

affordable connectivity benefit. 

Notification of impending termination 

shall be sent in writing separate from 

the subscriber’s monthly bill, if one is 

provided, and shall be written in clear, 

easily understood language. The 

participating provider shall allow a 

subscriber 30 days following the date of 

the impending termination letter to 

demonstrate continued eligibility. A 

subscriber making such a demonstration 

shall present proof of continued 

eligibility to the National Verifier or the 

participating provider consistent with 

the participating provider’s approved 

alternative verification process. A 

participating provider shall de-enroll 

any subscriber who fails to demonstrate 

eligibility within five business days 

after the expiration of the subscriber’s 

deadline to respond. 

(b) De-enrollment for duplicative 

support. Notwithstanding paragraph (a) 

of this section, upon notification by the 

Administrator to any participating 

provider that a subscriber is receiving 

the affordable connectivity benefit from 

another participating provider, or that 

more than one member of a subscriber’s 

household is receiving the affordable 

connectivity benefit and that the 

subscriber should be de-enrolled from 

participation in that provider’s 

Affordable Connectivity Program, the 

participating provider shall de-enroll 

the subscriber from participation in that 

provider’s Affordable Connectivity 

Program within five business days. A 

participating provider shall not claim 

any de-enrolled subscriber for 

Affordable Connectivity Program 

reimbursement following the date of 

that subscriber’s de-enrollment. 

(c) [Reserved] 

(d) De-enrollment for failure to recertify. Notwithstanding paragraph (a) of 

this section, a participating provider 

shall de-enroll an Affordable 

Connectivity Program subscriber who 

does not respond to the provider’s 

attempts to obtain re-certification of the 

subscriber’s continued eligibility as 

required by § 54.1806(f); or who fails to 

provide the annual one-per-household 

re-certification as required by 

§ 54.1806(f)(6). Prior to de-enrolling a 

subscriber under this paragraph, the 

provider shall notify the subscriber in 

writing separate from the subscriber’s 

monthly bill, if one is provided, using 

clear, easily understood language, that 

failure to respond to the re-certification 

request will trigger de-enrollment. A 

subscriber shall be given 60 days to 

respond to recertification efforts. If a 

subscriber does not respond to the 

provider’s notice of impending deenrollment, the provider shall de-enroll 

the subscriber from the Affordable 

Connectivity Program within five 

business days after the expiration of the 

subscriber’s time to respond to the recertification efforts. 

(e) De-enrollment requested by 

subscriber. If a participating provider 

receives a request from a subscriber to 

de-enroll from the Affordable 

Connectivity Program, it shall de-enroll 

the subscriber within two business days 

after the request. 

§ 54.1810 Consumer protection 

requirements. 

(a)–(b) [Reserved] 

(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 


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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. 

§ 54.1811 Recordkeeping requirements. 

Participating providers shall maintain 

records to document compliance with 

all Commission requirements governing 

the Affordable Connectivity Program for 

the six full preceding calendar years and 

provide that documentation to the 

Commission or Administrator, or their 

designee, upon request. Participating 

providers shall maintain the 

documentation related to the eligibility 

determination and reimbursement 

claims for an Affordable Connectivity 

Program subscriber for as long as the 

subscriber receives the Affordable 

Connectivity Program discount from 

that participating provider, but for no 

less than the six full preceding calendar 

years. 

§ 54.1812 Validity of electronic signatures. 

(a) For the purposes of this subpart, 

an electronic signature, defined by the 

Electronic Signatures in Global and 

National Commerce Act, as an 

electronic sound, symbol, or process, 

attached to or logically associated with 

a contract or other record and executed 

or adopted by a person with the intent 

to sign the record, has the same legal 

effect as a written signature. 

(b) For the purposes of this subpart, 

an electronic record, defined by the 

Electronic Signatures in Global and 

National Commerce Act as a contract or 

other record created, generated, sent, 

communicated, received, or stored by 

electronic means, constitutes a record. 

■ 3. Effective April 15, 2022, amend 

§ 54.1802 by adding paragraph (b) to 

read as follows: 

§ 54.1802 Affordable connectivity benefit. 

* * * * * 

(b) A participating provider may 

allow an eligible household to apply the 

affordable connectivity benefit to any 

residential service plan selected by the 

eligible household that includes 

broadband internet access service or a 

bundle of broadband internet access 

service along with fixed or mobile voice 

telephony service, text messaging 

service, or both. 

■ 4. Effective April 15, 2022, add 

§ 54.1804 to read as follows: 

§ 54.1804 Participating provider obligation 

to offer the Affordable Connectivity 

Program. 

All participating providers in the 

Affordable Connectivity Program shall: 

(a) Make available the affordable 

connectivity benefit to eligible 

households. 

(b) Publicize the availability of the 

Affordable Connectivity Program in a 

manner reasonably designed to reach 

those likely to qualify for the service 

and in a manner that is accessible to 

individuals with disabilities. 

(c) Notify all consumers who either 

subscribe to or renew a subscription to 

an internet service offering about the 

Affordable Connectivity Program and 

how to enroll. 

(1) Providers shall deliver a notice in 

writing or orally, in a manner that is 

accessible to persons with disabilities: 

(i) During enrollment for new 

subscribers; 

(ii) At least 30 days before the date of 

renewal for subscribers not enrolled in 

the Affordable Connectivity Program 

who have fixed-term plans longer than 

one month; and 

(iii) Annually for subscribers not 

already enrolled in the Affordable 

Connectivity Program who have monthto-month or similar non-fixed term 

plans. 

(2) The notice shall, at a minimum, 

indicate; 

(i) The eligibility requirements for 

consumer participation; 

(ii) That the Affordable Connectivity 

Program is non-transferable and limited 

to one monthly internet discount and a 

one-time connected device discount per 

household; 


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(iii) How to enroll, such as a customer 

service phone number or relevant 

website information; and 

(iv) That the Affordable Connectivity 

Program is a Federal Government 

benefit program operated by the Federal 

Communications Commission and, if 

the Program ends, or when a household 

is no longer eligible, subscribers will be 

subject to the provider’s regular rates, 

terms, and conditions. 

(d) Frequently carry out public 

awareness campaigns in their 

Affordable Connectivity Program areas 

of service that highlight the value and 

benefits of broadband internet access 

service and the existence of the 

Affordable Connectivity Program in 

collaboration with State agencies, public 

interest groups, and non-profit 

organizations and retain documentation 

sufficient to demonstrate their 

compliance with the public awareness 

obligations. 

■ 5. Effective April 15, 2022, amend 

§ 54.1807 by adding paragraph (b) to 

read as follows: 

§ 54.1807 Enrollment representative 

registration and compensation. 

* * * * * 

(b) Prohibition of commissions for 

enrollment representatives. A 

participating provider shall not offer or 

provide to enrollment representatives, 

their direct supervisors, or entities that 

operate on behalf of the participating 

provider, any form of compensation that 

is— 

(1) Based on the number of consumers 

or households that apply for or are 

enrolled in the Affordable Connectivity 

Program with the participating provider; 

(2) Based on revenues that the 

participating provider has received or 

expects to receive in connection with 

the Affordable Connectivity Program, 

including payments for connected 

devices; 

(3) Based on the participating 

provider permitting the retention of 

cash payments received from the 

subscriber as part of the required 

contribution for a connected device; 

(4) Shifted, characterized or otherwise 

classified as compensation paid in 

connection with other services, business 

operations, or unrelated to Affordable 

Connectivity Program activities that is 

based on Affordable Connectivity 

Program applications, enrollments, or 

revenues. 

* * * * * 

■ 6. Effective April 15, 2022, amend 

§ 54.1808 by adding paragraphs (c)(1) 

and (2) to read as follows: 

§ 54.1808 Reimbursement for providing 

monthly affordable connectivity benefit. 

* * * * * 

(c) * * * 

(1) After service activation, shall only 

continue to receive reimbursement for 

the affordable connectivity benefit on 

such service provided to subscribers 

who have used the service within the 

last 30 days, or who have cured their 

non-usage as provided for in 

§ 54.1809(c); and 

(2) Shall certify that every subscriber 

claimed has used their service subject to 

the affordable connectivity benefit, as 

‘‘usage’’ is defined by § 54.407(c)(2), at 

least once in the last 30 consecutive 

days or has cured their non-usage as 

provided in § 54.1809(c), in order to 

claim that subscriber for reimbursement 

for a given service month. 

* * * * * 

■ 7. Effective April 15, 2022, amend 

§ 54.1809 by adding paragraph (c) to 

read as follows: 

§ 54.1809 De-enrollment from the 

Affordable Connectivity Program. 

* * * * * 

(c) De-enrollment for non-usage. 

Notwithstanding paragraph (a) of this 

section, if an Affordable Connectivity 

Program subscriber fails to use, as 

‘‘usage’’ is defined in § 54.407(c)(2), for 

30 consecutive days an Affordable 

Connectivity Program service that does 

not require the participating provider to 

assess and collect a monthly fee from its 

subscribers, the participating provider 

shall provide the subscriber 15 days’ 

notice, using clear, easily understood 

language, that the subscriber’s failure to 

use the Affordable Connectivity 

Program service within the 15-day 

notice period will result in service 

termination for non-usage under this 

paragraph (c). 

* * * * * 

■ 8. Effective April 15, 2022, amend 

§ 54.1810 by adding paragraphs (a) and 

(b) to read as follows: 

§ 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 Programsupported 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. 


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(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. 

* * * * * 

[FR Doc. 2022–02887 Filed 2–11–22; 8:45 am] 

BILLING CODE 6712–01–P 


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