47 USC 1753 - Adoption of consumer broadband labels

Collapse to view only § 1753. Adoption of consumer broadband labels

§ 1751. Definitions
§ 1752. Benefit for broadband service
§ 1753. Adoption of consumer broadband labels
§ 1754. Digital discrimination

§ 1751. Definitions

In this subchapter—

(1) the term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation; and

(2) the term “Commission” means the Federal Communications Commission.

(Pub. L. 117–58, div. F, title V, § 60501, Nov. 15, 2021, 135 Stat. 1238.)

§ 1752. Benefit for broadband service

(a) DefinitionsIn this section:

(1) Broadband internet access service

(2) Broadband provider

(3) Commission

(4) Connected device

(5) Designated as an eligible telecommunications carrier

(6) Eligible householdThe term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which—

(A) at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation) except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting “200 percent” for “135 percent”;

(B) 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 1773 of title 42;

(C) at least one member of the household has received a Federal Pell Grant under section 1070a of title 20 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 subsection (a)(2)(B);

(D) 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 subsection (a)(2)(B) and any other eligibility requirements the Commission may consider necessary for the public interest; or

(E) at least one member of the household receives assistance through the special supplemental nutritional program for women, infants, and children established by section 1786 of title 42.

(7) Affordable connectivity benefit

(A) In general

(B) High-cost areas

(8) Internet service offering

(9) National Lifeline Accountability Database

(10) National Verifier

(11) Participating providerThe term “participating provider” means a broadband provider that—

(A)

(i) is designated as an eligible telecommunications carrier; or

(ii) meets requirements established by the Commission for participation in the Affordable Connectivity Program and is approved by the Commission under subsection (d)(2); and

(B) elects to participate in the Affordable Connectivity Program.

(b) Affordable Connectivity Program

(1) Establishment

(2) Verification of eligibilityTo verify whether a household is an eligible household, a participating provider shall—

(A) use the National Verifier or National Lifeline Accountability Database;

(B) 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 clause (i), the Commission—(I) determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and(II) notifies the participating provider of the determination under subclause (I); or

(C) 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 described in subsection (a)(6)(B).

(3) Use of National Verifier and National Lifeline Accountability DatabaseThe Commission shall—

(A) expedite the ability of all participating providers to access the National Verifier and National Lifeline Accountability Database for purposes of determining whether a household is an eligible household, without regard to whether a participating provider is designated as an eligible telecommunications carrier; and

(B) ensure that the National Verifier and National Lifeline Accountability Database approve an eligible household to receive the affordable connectivity benefit not later than 2 days after the date of the submission of information necessary to determine if such household is an eligible household.

(4) Reimbursement

(5) Reimbursement for connected device

(6) Certification requiredTo receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following:

(A) That each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the affordable connectivity benefit—

(i) 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;

(ii) was not, after December 27, 2020, 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

(iii) will otherwise be subject to the participating provider’s generally applicable terms and conditions as applied to other customers.

(B) That each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged $10 or less or $50 or more for such device.

(C) A description of the process used by the participating provider to verify that a household is an eligible household, if the provider elects an alternative verification process under paragraph (2)(B), and that such verification process was designed to avoid waste, fraud, and abuse.

(7) Requirement to allow customers to apply affordable connectivity benefit to any internet service offering

(A) In generalA participating provider—

(i) 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; and

(ii) may not require the eligible household to submit to a credit check in order to apply the affordable connectivity benefit to an internet service offering of the participating provider.

(B) Nonpayment

(8) Public awarenessA participating provider, in collaboration with the applicable State agencies, public interest groups, and non-profit organizations, in order to increase the adoption of broadband internet access service by consumers, shall carry out public awareness campaigns in service areas that are designed to highlight—

(A) the value and benefits of broadband internet access service; and

(B) the existence of the Affordable Connectivity Program.

(9) OversightThe Commission—

(A) shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program;

(B) shall require a participating provider to supply information about the existence of the complaint process described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program;

(C)

(i) shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause (ii) of this subparagraph; and

(ii) in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (47 U.S.C. 503); and

(D) shall regularly issue public reports about complaints regarding the compliance of participating providers with the Affordable Connectivity Program.

(10) Information on Affordable Connectivity Program

(A) Participating providers

(B) Federal agencies

(i) In general

(ii) ActivitiesIn carrying out clause (i), the Commission may—(I) facilitate consumer research;(II) conduct focus groups;(III) engage in paid media campaigns;(IV) provide grants to outreach partners; and(V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph (1) (as that paragraph was in effect on the day before November 15, 2021) to the Affordable Connectivity Program.

(11) Consumer protection issues

(A) In generalThe Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from—

(i) inappropriate upselling or downselling by a participating provider;

(ii) inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the Affordable Connectivity Program;

(iii) inappropriate restrictions on the ability of a consumer to switch internet service offerings or otherwise apply support from the Affordable Connectivity Program to a different internet service offering with a participating provider;

(iv) inappropriate restrictions on the ability of a consumer to switch participating providers, other than a requirement that the customer return any customer premises equipment provided by a participating provider; and

(v) similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity Program.

(B) Exceptions

(12) Audit requirementsThe Commission shall adopt audit requirements to ensure that participating providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the Affordable Connectivity Program. A finding of waste, fraud, or abuse or an improper payment (as such term is defined in section 2(d) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) 1

1 See References in Text note below.

identified by the Commission or the Inspector General of the Commission shall include the following:

(A) The name of the participating provider.

(B) The amount of funding made available from the Affordable Connectivity Fund to the participating provider.

(D) A description of to what extent funding made available from the Affordable Connectivity Fund that was an improper payment was used for a reimbursement for a connected device or a reimbursement for an internet service offering.

(E) Whether, in the case of a connected device, such device, or the value thereof, has been recovered.

(F) Whether any funding from the Affordable Connectivity Fund was made available to a participating provider for an affordable connectivity benefit for a person outside the eligible household.

(G) Whether any funding from the Affordable Connectivity Fund was made available to reimburse a participating provider for an affordable connectivity benefit made available to an eligible household in which all members of such household necessary to satisfy the eligibility requirements described in subsection (a)(6) were deceased.

(13) Random audit required

(14) Notification of audit findings

(15) Expiration of Program

(1) In general

(2)As part of the rulemaking under paragraph (1), the Commission shall—

(A) provide a 20-day public comment period that begins not later than 5 days after December 27, 2020;

(B) provide a 20-day public reply comment period that immediately follows the period under subparagraph (A); and

(i) the provision of assistance from the Affordable Connectivity Fund established in subsection (i) consistent with this section; and

(ii) other related matters.

(d) Eligibility of providers

(1) Relation to eligible telecommunications carrier designation

(2) Expedited approval process

(A) In general

(B) Exception

(e) Rule of construction

(f) Part 54 regulations

(g) Enforcement

(h) Exemptions

(1) Certain rulemaking requirements

(2) Paperwork Reduction Act requirements

(i) Affordable Connectivity Fund

(1) Establishment

(2) Appropriation

(3) Use of funds

(4) Relationship to universal service contributions

(5) Use of Universal Service Administrative Company permitted

(j) Safe harbor

(Pub. L. 116–260, div. N, title IX, § 904, Dec. 27, 2020, 134 Stat. 2129; Pub. L. 117–58, div. F, title V, § 60502(a), (b)(1), Nov. 15, 2021, 135 Stat. 1238, 1241.)

§ 1753. Adoption of consumer broadband labels

(a) Final rule

(b) Introductory rate information

(1) In general

(2) Use in broadband data collection

In issuing the final rule under subsection (a), the Commission shall conduct a series of public hearings to assess, at the time of the proceeding—

(1) how consumers evaluate broadband internet access service plans; and

(2) whether disclosures to consumers of information regarding broadband internet access service plans, including the disclosures required under section 8.1 of title 47, Code of Federal Regulations, are available, effective, and sufficient.

(Pub. L. 117–58, div. F, title V, § 60504, Nov. 15, 2021, 135 Stat. 1244.)

§ 1754. Digital discrimination

(a) Statement of policy

It is the policy of the United States that, insofar as technically and economically feasible—

(1) subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service;

(2) the term “equal access”, for purposes of this section, means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions; and

(3) the Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service.

(b) Adoption of rules

Not later than 2 years after November 15, 2021, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including—

(1) preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and

(2) identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1).

The Commission and the Attorney General shall ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination based on—

(1) the income level of an area;

(2) the predominant race or ethnicity composition of an area; or

(3) other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b).

(d) Model State and local policies

(e) Complaints

(Pub. L. 117–58, div. F, title V, § 60506, Nov. 15, 2021, 135 Stat. 1245.)