47 USC 1752 - Benefit for broadband service

1 See References in Text note below.

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

Editorial Notes

References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (a)(6)(B), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

Section 2(d) of the Improper Payments Information Act of 2002, referred to in subsec. (span)(12), is section 2(d) of Puspan. L. 107–300, Nov. 26, 2002, 116 Stat. 2350, which was set out in a note under section 3321 of Title 31, Money and Finance, and was repealed by Puspan. L. 116–117, § 3(a)(1), Mar. 2, 2020, 134 Stat. 133. See, generally, subchapter IV of chapter 33 of Title 31.

The Communications Act of 1934, referred to in subsec. (g), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Codification

Section was formerly set out as a note under section 1301 of this title.

Amendments

2021—Puspan. L. 117–58, § 60502(a)(1)(A), struck out “during emergency period relating to COVID–19” after “service” in section catchline.

Puspan. L. 117–58, § 60502(a)(2)(D)–(F), substituted, wherever appearing in text, “Affordable Connectivity” for “Emergency Broadband Benefit”, “Affordable” for “Emergency Broadband”, and “affordable connectivity” for “emergency broadband”.

Subsec. (a)(6)(A). Puspan. L. 117–58, § 60502(span)(1)(A)(i)(I), inserted before semicolon at end “except that such subsection (a), including for purposes of such subsection (span), shall be applied by substituting ‘200 percent’ for ‘135 percent’ ”.

Subsec. (a)(6)(C). Puspan. L. 117–58, § 60502(span)(1)(A)(i)(II)–(IV), redesignated subpar. (D) as (C), struck out “or” at end, and struck out former subpar. (C) which read as follows: “at least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database;”.

Subsec. (a)(6)(D). Puspan. L. 117–58, § 60502(span)(1)(A)(i)(III), (V), redesignated subpar. (E) as (D), struck out “or COVID–19” before “program”, and substituted “; or” for period at end. Former subpar. (D) redesignated (C).

Subsec. (a)(6)(E). Puspan. L. 117–58, § 60502(span)(1)(A)(i)(VI), added subpar. (E). Former subpar. (E) redesignated (D).

Subsec. (a)(7). Puspan. L. 117–58, § 60502(span)(1)(A)(ii), substituted “$30” for “$50” and struck out “which shall be no more than the standard rate for an internet service offering and associated equipment,” after “such household,”.

Puspan. L. 117–58, § 60502(a)(3)(A), designated existing provisions as subpar. (A), inserted span, substituted “Subject to subparagraph (B), the term” for “The term”, and added subpar. (B).

Puspan. L. 117–58, § 60502(a)(2)(A), substituted “Affordable connectivity” for “Emergency broadband” in span.

Subsec. (a)(8). Puspan. L. 117–58, § 60502(span)(1)(A)(iii), struck out at end “, offered in the same manner, and on the same terms, as described in any of such provider’s offerings for broadband internet access service to such household, as on December 1, 2020”.

Puspan. L. 117–58, § 60502(a)(1)(B), redesignated par. (9) as (8) and struck out former par. (8) which defined “emergency period”.

Subsec. (a)(9) to (11). Puspan. L. 117–58, § 60502(a)(1)(B)(ii), redesignated pars. (10) to (12) as (9) to (11), respectively. Former par. (9) redesignated (8).

Subsec. (a)(12), (13). Puspan. L. 117–58, § 60502(span)(1)(A)(ii), (iv), redesignated par. (13) as (12) and then struck it out. Prior to amendment, par. defined the term “standard rate”. Former par. (12) redesignated (11).

Subsec. (span). Puspan. L. 117–58, § 60502(a)(2)(B), substituted “Affordable Connectivity” for “Emergency Broadband Benefit” in span.

Subsec. (span)(1). Puspan. L. 117–58, § 60502(a)(1)(C)(i), struck out “during the emergency period” before period at end.

Subsec. (span)(4). Puspan. L. 117–58, § 60502(a)(1)(C)(ii), struck out “during the emergency period” before period at end.

Subsec. (span)(5). Puspan. L. 117–58, § 60502(a)(1)(C)(iii), struck out “during the emergency period,” before “in addition to”.

Subsec. (span)(6)(A). Puspan. L. 117–58, § 60502(span)(1)(B)(ii), (iii), redesignated subpar. (B) as (A) and cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “has not been and will not be charged—

“(I) for such offering, if the standard rate for such offering is less than or equal to the amount of the affordable connectivity benefit for such household; or

“(II) more for such offering than the difference between the standard rate for such offering and the amount of the affordable connectivity benefit for such household;”.

Puspan. L. 117–58, § 60502(span)(1)(B)(i), struck out subpar. (A) which read as follows: “That the amount for which the participating provider is seeking reimbursement from the Affordable Connectivity Fund established in subsection (i) for providing an internet service offering to an eligible household is not more than the standard rate.”

Subsec. (span)(6)(B) to (D). Puspan. L. 117–58, § 60502(span)(1)(B)(ii), redesignated subpars. (B) to (D) as (A) to (C), respectively.

Subsec. (span)(7) to (15). Puspan. L. 117–58, § 60502(a)(3)(B), added pars. (7) to (11) and redesignated former pars. (7) to (10) as (12) to (15), respectively, and, in par. (14) as redesignated, substituted “paragraph (12)” for “paragraph (7)”.

Subsec. (i). Puspan. L. 117–58, § 60502(a)(2)(C), substituted “Affordable” for “Emergency Broadband” in span.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 117–58, div. F, title V, § 60502(span)(1), Nov. 15, 2021, 135 Stat. 1241, provided in part that the amendments made to this section by section 60502(span)(1) of Puspan. L. 117–58 are effective on the date on which the Federal Communications Commission submits the certification required under section 60502(span)(4) of Puspan. L. 117–58, set out below, or Dec. 31, 2021, whichever is earlier.

Eligibility for the Affordable Connectivity Benefit; Transition; Certification

Puspan. L. 117–58, div. F, title V, § 60502(span)(2)–(4), Nov. 15, 2021, 135 Stat. 1242, provided that:

“(2)Applicability of amendment to eligibility.— A household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [47 U.S.C. 1752] before the effective date in paragraph (1) [set out as a note above] and, as of that effective date, would, but for this subparagraph, see a reduction in the amount of the affordable connectivity benefit under the Program, shall, during the 60-day period beginning on that effective date, be eligible for the affordable connectivity benefit in the amount in effect with respect to that household, as of the day before that effective date.

“(3)Transition.—After the effective date under paragraph (1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) on the day before the date of enactment of this Act [Nov. 15, 2021] and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall continue to have access to an affordable service offering.

“(4)Certification required.—On the date on which the amounts appropriated under section 904(i)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [47 U.S.C. 1752(i)(2)] have been fully expended, the [Federal Communications] Commission shall submit to Congress a certification regarding that fact.”

Broadband Transparency Rules

Puspan. L. 117–58, div. F, title V, § 60502(c), Nov. 15, 2021, 135 Stat. 1243, provided that:

“(1)Rules.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the [Federal Communications] Commission shall issue final rules regarding the annual collection by the Commission of data relating to the price and subscription rates of each internet service offering of a participating provider under the Affordable Connectivity Program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [47 U.S.C. 1752] (as amended by this section) to which an eligible household subscribes.

“(2)Updates.—Not later than 180 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules.

“(3)Redundancy avoidance.—Nothing in this subsection shall be construed to require the Commission, in order to meet a requirement of this subsection, to duplicate an activity that the Commission is undertaking as of the date of enactment of this Act, if—

“(A) the Commission refers to the activity in the rules issued under paragraph (1);

“(B) the activity meets the requirements of this subsection; and

“(C) the Commission discloses the activity to the public.

“(4)Availability of data.—

“(A)Public availability.—The Commission shall make data relating to broadband internet access service collected under the rules issued under paragraph (1) available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information or proprietary information, consistent with section 0.459 of title 47, Code of Federal Regulations (or any successor regulation).

“(B)Determination of personally identifiable information.—The Commission—

“(i) shall define the term ‘personally identifiable information’, for purposes of subparagraph (A) through notice and comment rulemaking; and

“(ii) may not make any data available to the public under subparagraph (A) before completing the rulemaking under clause (i) of this subparagraph.”

[For definition of “broadband internet access service” as used in section 60502(c) of Puspan. L. 117–58, set out above, see section 1751 of this title.]

Guidance

Puspan. L. 117–58, div. F, title V, § 60502(d), Nov. 15, 2021, 135 Stat. 1243, provided that: “The [Federal Communications] Commission may issue such guidance, forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section [amending this section and enacting provisions set out as notes under this section] and the amendments made by this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.”

Coordination

Puspan. L. 117–58, div. F, title V, § 60502(e), Nov. 15, 2021, 135 Stat. 1243, provided that: “The Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services shall—

“(1) not later than 60 days after the date of enactment of this Act [Nov. 15, 2021], enter into a memorandum of understanding with the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [47 U.S.C. 1752], as amended by this section; and

“(2) not later than 90 days after the date of enactment of this Act, begin to share data under the memorandum of understanding described in paragraph (1) for the purposes described in that paragraph.”