Emergency Broadband Benefit Program (rule, 86 FR 19532, April 13, 2021)
Summary
A Federal Communications Commission final rule published in the Federal Register on April 13, 2021 (Vol. 86, No. 69), establishing the Emergency Broadband Benefit Program (EBB Program) to support broadband services and devices to help low-income households. It states that the Consolidated Appropriations Act, 2021 (CAA), which became law on December 27, 2020, established an Emergency Broadband Connectivity Fund of $3.2 billion in the Treasury of the United States for fiscal year 2021. The rule covers participating providers, which the CAA defines as eligible telecommunications carriers (ETC) or providers approved through an expedited approval process, and their reimbursement for services and connected devices. It is effective April 13, 2021 and names Jodie Griffin of the Wireline Competition Bureau as the contact.
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Cite this document
“Emergency Broadband Benefit Program (rule, 86 FR 19532, April 13, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/emergency-broadband-benefit-program-rule-86-fr-19532-april-13-2021-dce57f59dc/
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19532 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
FEDERAL COMMUNICATIONS resulted in the dramatic disruption of services and devices, the program’s
COMMISSION many aspects of Americans’ lives, budget and reimbursement, and other
including social distancing measures to administrative aspects of the program.
47 CFR Part 54 prevent person-to-person transmission 5. Participating Providers. In the CAA,
which have required the closure of Congress required that in order to
[WC Docket No. 20–445; FCC 21–29; FRS
businesses and schools across the participate in the EBB Program a carrier
19812]
country for indefinite periods of times, must have provided broadband internet
Emergency Broadband Benefit and in turn has caused millions of access service to households as of
Program Americans to become newly December 1, 2020. To meet these
unemployed or unable to find work. requirements, Congress defined
AGENCY: Federal Communications These closures have also led people to ‘‘participating provider’’ as either an
Commission. turn to virtual learning, telemedicine, existing eligible telecommunications
ACTION: Final rule. and telework to enable social distancing carrier (ETC) or providers approved by
measures, which has only increased the Commission under an ‘‘expedited
SUMMARY: In this document, the Federal every household’s need for access to approval process.’’ Congress directed
Communications Commission broadband services. The cost of the Commission to create an ‘‘expedited
(Commission) established the broadband services, however, can be approval process’’ to approve providers
Emergency Broadband Benefit Program difficult to overcome for low-income to participate EBB Program where the
(EBB Program) to support broadband families and for families that have been provider is not an existing ETC. This
services and devices to help low-income struggling during the pandemic. expedited approval process requires that
households. The Consolidated 2. On December 27, 2020, the CAA providers with an ‘‘established program
Appropriations Act, 2021 (CAA) became law. Among other actions as of April 1, 2020’’ offering broadband
established an Emergency Broadband intended to provide relief during the services to eligible households with
Connectivity Fund of $3.2 billion in the pandemic, the CAA established an verification process sufficient to prevent
Treasury of the United States for the Emergency Broadband Connectivity fraud, waste, and abuse ‘‘shall be
fiscal year 2021, to remain available Fund of $3.2 billion in the Treasury of automatically approve[d].’’ The
until expended. The CAA directed the the United States for the fiscal year Commission seeks to encourage as many
Commission to use the fund to establish 2021, to remain available until providers as possible to participate in
the EBB Program, under which eligible expended. The CAA directed the the EBB Program. Consistent with the
low-income households may receive a Commission to use the funds to CAA and the proposal in the Public
discount off the cost of broadband establish the EBB Program, under which Notice, DA 21–6, the Commission also
service and certain connected devices eligible low-income households may adopts a carrier election process
during an emergency period related to receive a discount off the cost of administered by USAC applicable to all
the COVID–19 pandemic. broadband service and certain providers participating in the EBB
DATES: Effective April 13, 2021. connected devices during an emergency Program. Providers that are not
period relating to the COVID–19 designated as an ETC by a state or the
FOR FURTHER INFORMATION CONTACT:
pandemic, and participating providers Commission must also file for automatic
Jodie Griffin, Wireline Competition
can receive a reimbursement for such approval or seek expedited approval
Bureau, 202–418–7400 or by email at discounts. from the Commission. In the CAA,
jodie.griffin@fcc.gov. We ask that 3. In creating the EBB Program, the Congress recognized the pressing need
requests for accommodations be made CAA does not preclude the Commission to quickly deliver much-needed support
as soon as possible in order to allow the from utilizing in whole or in part any of to Americans by providing the
agency to satisfy such requests the Commission’s part 54 rules or Commission with the authority to
whenever possible. Send an email to amending them to suit the EBB Program. streamline and expedite the provider
fcc504@fcc.gov or call the Consumer Moreover, Congress directed the participation process. At the same time,
and Governmental Affairs Bureau at Commission to utilize existing the Commission must also safeguard the
(202) 418–0530. regulatory tools in support of the EBB EBB Program’s funding to ensure it
SUPPLEMENTARY INFORMATION: This is a Program, such as the National Verifier provides help to those in need and is
synopsis of the Commission’s and the National Lifeline Accountability not wasted by providers unable to
Emergency Broadband Benefit Program Database—originally designed to quickly deliver broadband services.
Report and Order (RO) in WC Docket support the existing Lifeline program— Accordingly, the election and approval
No. 20–445; FCC No. 21–29, adopted which helps ensure low-income process the Commission adopts
February 25, 2021 and released consumers have access to affordable provides assurances that providers can
February 26, 2021. Due to the COVID– voice or broadband internet access promptly deliver broadband services to
19 pandemic, the Commission’s service. The EBB Program, however, is low-income households.
headquarters will be closed to the funded through a separate appropriation 6. The Commission directed the
general public until further notice. The from the Universal Service Fund. Wireline Competition Bureau (WCB),
full text of this document is available at Consistent with Congress’s direction in within seven days of the adoption of the
the following internet address: https:// the CAA, the Commission establishes RO, to announce a timeline for the
docs.fcc.gov/public/attachments/FCC- the EBB Program. submission of information by providers
21-29A1.pdf required by the CAA, such as
II. Discussion applications from non-ETCs to
I. Introduction 4. The Commission establishes the participate in the EBB Program, requests
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1. In the RO, the Commission requirements and processes of the EBB by all providers for approval of
establishes the EBB Program to support Program, pursuant to the CAA. The alternative verification processes, and
broadband services and devices to help Commission sets forth the providers that the submission by ETCs and non-ETCs
low-income households stay connected may participate in the EBB Program, the of election notices. By Public Notice, DA
during the COVID–19 pandemic. Efforts household eligibility requirements for 21–265, the WCB set a priority
to slow the spread of COVID–19 have the program, benefits for covered application deadline of March 22, 2021,
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19533
by which providers must submit these terms, as described in any of such their election with USAC. Accordingly,
filings to receive approval prior to the provider’s offerings for broadband the Commission directs the WCB to
beginning of the EBB Program. The internet access service to [an eligible] establish a priority application window
Commission also directs the WCB to household[s], as on December 1, 2020.’’ during which non-ETC providers
announce at a later date other The Commission interprets this seeking approval to participate in the
administrative deadlines or milestones, provision to require participating EBB Program will have the opportunity
such as when the EBB Program will providers to have offered retail to obtain approval prior to
begin and when providers may begin broadband internet access service to commencement of consumer
enrolling subscribers in the program. eligible households as of December 1, enrollments. Non-ETCs that file
The Commission expects that the EBB 2020. Consistent with the Commission’s complete applications for approval
Program and the enrollment process broadband data reporting rules, meeting the necessary criteria by the
will begin in less than 60 days after the participating providers will be able to priority application deadline will know
adoption of the RO. establish through certification that they their status prior to the start date for the
7. Providers Eligible to Participate. In provided broadband internet access EBB Program. The Commission believes
the CAA, a ‘‘participating provider’’ for service and reimbursable internet establishing this priority application
the EBB Program shall be a ‘‘broadband service offerings on December 1, 2020, deadline provides adequate time for
provider’’ that is either ‘‘designated as through reference to timely filing of FCC prospective providers to evaluate the
an eligible telecommunications carrier’’ Form 477. For providers that do not file rules of the EBB Program adopted and
or seeks approval from the Commission FCC Form 477, participating providers to prepare applications, while also
for participation in the EBB Program. must certify that they provided retail encouraging prospective providers to
The Commission agrees with broadband internet access service to accelerate their consideration consistent
commenters that the Commission end-users as of December 1, 2020. The with the need to quickly begin
should establish a broad, Commission further clarifies that the providing these supported broadband
technologically neutral approach to retail broadband internet access service services. The Commission directs the
provider participation in the EBB must be provisioned to end users, WCB and USAC to work expeditiously
Program. This interpretation of provider meaning the provider of retail to review provider applications and
eligibility aligned with the plain broadband internet access service elections, respectively, and the
language of the CAA, which defined maintains a direct relationship with the Commission directs the WCB to issue
‘‘broadband provider’’ as any ‘‘provider customer, is responsible for dealing additional guidance and instruction as
of broadband internet access service.’’ with customer complaints, handles necessary for providers seeking to
Further, the CAA defined ‘‘broadband customer billing, and provides quality participate in the EBB Program. Further,
internet access service’’ broadly by of service guarantees to the end user. the Commission expects the WCB and
referencing the definition in § 8.1 of the The Commission finds these provider USAC to prioritize their reviews to limit
Commission’s rules. Section 8.1 of the certifications, in addition to the excessive delay in issuing approvals of
Commission’s rules defines ‘‘broadband submission of broadband plan and rate the applications and elections once
internet access service’’ as: information described in the following, properly submitted by the providers.
appropriately satisfied the CAA’s 11. The Commission agrees with
a mass-market retail service by wire or radio commenters that providers and, more
eligibility requirements. As described
that provides the capability to transmit data
to and receive data from all or substantially further in the following, ETCs must importantly, their subscribers should
all internet endpoints, including any make a showing that they offer have equal opportunity and access to
capabilities that are incidental to and enable qualifying broadband service in the the Emergency Broadband Benefit. By
the operation of the communications service, election notice filed with USAC. Non- allowing non-ETC providers to obtain
but excluding dial-up internet access service. ETCs must make a threshold showing in the necessary administrative approvals
This term also encompasses any service that the approval process to the WCB. prior to the commencement of the EBB
the Commission finds to be providing a 9. Election to Participate in Program, eligible households will have
functional equivalent of the service described Emergency Broadband Benefit Program more choices in the provider they can
in the previous sentence or that is used to select to obtain supported broadband
by Existing ETCs and Bureau-Approved
evade the protections set forth in this part.
Providers. The CAA directed the service and devices. Following the close
Accordingly, ETCs and non-ETCs Commission to establish an expedited of this priority application window, the
seeking to participate in the EBB process where existing ETCs and other WCB, in coordination with USAC, will
Program must establish they provide approved providers could ‘‘elect’’ to establish and announce a uniform start
broadband services. the Commission participate in the EBB Program and gain date on which providers can begin to
declines to further narrow provider access to the necessary USAC databases enroll qualifying subscribers in the EBB
eligibility among those providers that used to administer the Program. The Program. This start date must allow for
offer broadband services as defined by Commission adopts the proposal to processing of elections and applications
the CAA. This interpretation allows require all participating providers to file of both existing ETCs and non-ETCs to
participation by not only ETCs or non- an election notice to participate in the enable a consistent start date for all
ETCs like traditional internet Service EBB Program. This election will be filed providers.
Providers (ISPs) including cable with USAC to facilitate the 12. By establishing a priority
providers and wireless internet service administration of the EBB Program and application window and uniform start
providers, but also non-traditional provide USAC the necessary date, the Commission intends to afford
broadband providers like community- information to incorporate providers providers the necessary time to update
owned networks, electric cooperatives, into its systems for eligibility their systems and enrollment processes
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or municipal governments. determination, enrollment, and to effectively participate in the EBB
8. In the CAA, Congress established reimbursement. Program. Furthermore, preparation and
that participating providers would be 10. Existing ETCs will need to only modification to both Commission and
eligible to receive reimbursement for file an election with USAC, while non- USAC systems is necessary to
‘‘internet service offering[s]’’ offered in ETCs will need to first apply and then administer the EBB Program. While
the ‘‘same manner, and on the same obtain WCB approval prior to filing leveraging the existing Lifeline
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19534 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
processes provides some efficiencies, participate in jurisdictions where the Benefit Program. The Commission
USAC needs to modify the Lifeline ETC is designated. Allowing elections to directs USAC, under the supervision of
systems to accommodate workflows be filed for both ETCs and affiliates and in coordination with the WCB, to
associated with the EBB Program, without seeking additional approval for establish and administer a process to
including updates to the National the affiliated entities will also ease enable all participating EBB Program
Verifier, NLAD, RAD, and the Lifeline administrative burdens and more providers to file election notices
Claims System (LCS). These updates quickly allow providers access to the containing information sufficient to
require development, security EBB Program. Further, ETCs and effectively administer the program. The
assessments, and privacy assessments affiliated entities are more familiar with Commission directs USAC to collect
and approvals required by the Privacy the obligations and requirements within information in such notices that
Act, such as System of Records Notices a particular jurisdiction to safeguard includes: (1) The states in which the
(SORNs), Computer Matching funds similar to the EBB Program. The provider plans to participate in the EBB
Agreements (CMAs), and systems Commission finds permitting this Program; (2) a statement that, in each
testing to ensure an effective launch. election to be consistent with the CAA’s such state, the provider was a
These measures comply with provisions regarding ETC elections and ‘‘broadband provider’’ as of December 1,
Congressional and government-wide the Commission past treatment of ETC 2020; (3) a list of states where the
directives designed to protect the requirements. provider is an existing ETC, if any; (4)
privacy and security of members of the 15. The Commission declines to adopt a list of states where the provider
public who submit their information to the proposals in the record that would received FCC approval, whether
the government, including households allow an existing ETC to offer service automatic or expedited, to participate, if
who choose to participate in the EBB supported by the EBB Program in any any; (5) whether the provider intends to
Program. While the Commission can jurisdiction, or even nationwide, distribute connected devices under the
launch the EBB Program with manual regardless of where the ETC has been EBB Program; (6) a description of the
review processes that do not require all designated or where it had previously internet service offerings for which the
of these approvals, automated provided broadband service. First, ETC provider plans to seek reimbursement
eligibility, and administrative processes designations are inherently from the EBB Program in each state; (7)
greatly improve functionality. The geographically limited due to the documentation demonstrating the
Commission remains committed to unique authority states have to standard rates for those services; and (8)
expeditiously and successfully designate ETCs. Thus, the Commission any other administrative information
launching the EBB Program. believes the provision in the CAA that necessary for USAC to establish
13. Obligations of Existing ETCs to relies on existing ETC designations and participating providers in the EBB
Participate in the Emergency Broadband automatically qualifies ETCs to Program. In addition to these criteria,
Benefit Program. The CAA provides that participate in the EBB Program supports participating providers must certify
an existing ETC is a ‘‘participating the proposition that ETCs should be under penalty of perjury that the
provider’’ for the purposes of the EBB limited in the EBB Program to the information set forth in the election
Program. The CAA does not require jurisdictions in which they have already notice is true, accurate, and complete;
existing ETCs to seek approval to been designated. Moreover, had the they understand and will comply with
participate in the EBB Program. Instead, CAA intended to allow ETCs to offer all statutory and regulatory obligations
existing ETCs must only ‘‘elect’’ to supported service everywhere regardless described within the RO, including the
participate in the EBB Program to be of the designation, Congress would not public interest conditions of offering
eligible for reimbursement for have needed to provide a path for non- EBB Program services throughout the
broadband services. Existing ETCs will ETC providers to participate in the EBB provider’s designated service area; and
be able to file these elections to program. As identified in the record, all terms and conditions and other
participate in the EBB Program in the providers with existing ETC requirements applicable to using the
states or territories where they have designations or affiliated with ETCs National Verifier, NLAD, RAD, and
already received an existing ETC have significant relevant experience other USAC systems. Providing
designation. To ease administrative with the policies and procedures materially false information in the
burdens, the Commission allows an ETC needed to carry out the EBB Program election notice will disqualify a
to file an election for itself and its obligations. However, in states where a provider from participation in the EBB
affiliates who provided broadband provider is not designated as an ETC, Program. The Commission finds support
service as of December 1, 2020, within the Commission has less confidence that in the record for adopting these
the states or territories (collectively the provider has established procedures requirements and certifications. These
‘‘jurisdictions’’) where the provider was and compliance processes necessary for requirements also align with the CAA’s
designated as an ETC. In other EBB Program participation in that state. requirements for provider participation
jurisdictions where neither the provider This decision is further bolstered by the and eligibility.
nor its affiliate has an existing ETC CAA’s requirement that participating 17. Provider elections must include
designation, the provider must seek providers would be eligible to receive the following information to establish
either automatic or expedited approval reimbursement for ‘‘internet service that the provider has met the criteria
from the WCB prior to submitting the offerings’’ offered in the ‘‘same manner, and can provide enough information to
election notice to USAC. and on the same terms, as described in allow USAC to administer the EBB
14. The Commission finds extending any of such provider’s offerings for Program. The Commission directs
elections to ETC affiliates consistent broadband internet access service to USAC, under the supervision of and in
with the Commission’s practices in [eligible] household, as on December 1, coordination with the WCB, to establish
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Lifeline and High Cost that ETCs can 2020.’’ Approving a provider to and administer this election process
satisfy their statutory obligations to participate in a jurisdiction where it consistent with the RO.
‘‘offer’’ reimbursable and supported previously did not offer service would (a) List of states in which the provider
services through affiliated entities. render this statutory provision moot. plans to participate in the EBB Program.
Similarly, commenters supported the 16. Provider Election Process to A provider must list each state in which
ability of ETCs and affiliates to elect to Participate in the Emergency Broadband it will offer EBB Program services.
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19535
Consistent with USAC’s existing will offer connected devices that are USAC should establish necessary
processes, providers should be prepared also generally available to the public, it systems and processes to systematically
to identify to USAC the postal ZIP may provide summary information review election notices as quickly as
code(s) or Census Block(s) where the regarding the devices, rates, and costs, possible, and at least ensure all
provider will offer EBB Program service such as a link to a public website or elections filed by existing ETCs and
to obtain Service Provider Identification screenshots. elections from providers seeking
Number(s) (SPINs) or Study Area Codes (f) Description and documentation of approvals in the priority application
(SACs) to the extent necessary. the internet service offerings for which window are processed prior to the
(b) A statement that, in each such the provider plans to seek commencement of the EBB Program.
state, the provider was a ‘‘broadband reimbursement from the EBB Program in USAC should notify a provider
provider’’ as of December 1, 2020. each state. Providers must submit promptly if its election notice is
Consistent with the Commission’s documentation for the internet service incomplete or otherwise contains errors
broadband data reporting rules, offerings they will offer through the EBB that prevent USAC from processing the
participating providers will be able to Program. The participating provider election notice. USAC shall process
establish that they provided broadband should provide information detailing election notices received during the
internet access service and reimbursable each service offering for which it plans priority application window prior to the
internet service offerings on December to seek reimbursement from the EBB uniform reimbursement start date.
1, 2020 through reference to previous Program. This information and USAC will only reject election notices
FCC Form 477 filings. Providers are documentation should identify the that are materially incomplete, and that
required to submit data as of December service plan, details about the service the provider fails to update.
31, 2020, and reference to an FCC Form such as speed and data caps, the service 20. Non-ETC Provider Application
477 filing for the December data offering standard rate, equipment costs, and Approval Process. The CAA
submission will demonstrate the jurisdiction where it is offered, and established that providers not already
provider offered broadband services. documentation establishing the rate was designated as an ETC that wish to
Providers that are not required to file available on December 1, 2020. The participate in the EBB Program can seek
FCC Form 477 must certify that they provider can provide this information either an automatic or expedited
provided retail broadband internet and documentation through the approval from the Commission based on
access service to end users as of submission of price lists, rack rates, rate certain criteria. Specifically, the CAA
December 1, 2020 and identify the cards, or similar documentation. For required the Commission to establish an
underlying carrier providing the service offerings that are publicly expedited process for such approval and
network facilities. available a website or screenshot can be ‘‘to automatically approve as a
(c) A statement identifying where the provided. For offerings that cannot be participating provider a broadband
provider is an existing ETC. A provider publicly viewed the provider should provider that has an established
who is an ETC or is affiliated with an submit documentation demonstrating program as of April 1, 2020, that is
ETC seeking to begin offering the the offering was available on December widely available and offers internet
Emergency Broadband Benefit must 1, 2020, such as customer bills or service offerings to eligible households
submit to USAC documentation publicly available advertisements. The and maintains verification processes
demonstrating that it is a participating provider can provide aggregated that are sufficient to avoid fraud, waste,
provider in specific states. While ETCs summaries of service offerings and and abuse.’’ Consistent with this
are automatically eligible to participate standard rates made available to eligible Congressional directive, the
and likely have already obtained households, if those offerings and rates Commission establishes both an
administrative numbers from USAC, are the same for multiple jurisdictions. automatic approval and an expedited
such as SPINs or SACs, requiring This will reduce the administrative approval process for non-ETC providers
demonstration of ETC status, filing this burden for both participating providers seeking to participate in the EBB
statement with USAC will allow for and the Commission in producing and Program. The Commission delegates to
better processing of elections. reviewing voluminous service offering the WCB the authority to establish the
(d) A statement identifying where the descriptions that are substantially process by which providers seek these
provider received FCC approval to similar. approvals, including through
participate in the EBB Program. 18. In addition, providers must also appropriate direction to USAC. Eligible
Providers seeking approvals outside of be able to provide or otherwise obtain providers that have submitted complete
states where they are existing ETCs or the necessary administrative applications by the priority application
are affiliated with existing ETCs will registrations to utilize Commission and deadline will know prior to the start
need to identify those states and submit USAC processes. These processes date of the EBB Program if they are
to the WCB approval to participate in include the Commission Registration eligible to participate. Applications
the EBB Program. System (CORES), FCC Registration from providers filed after priority
(e) A statement confirming whether Number (FRN), Service Provider application deadline will be reviewed
the provider intends to distribute Identification Number(s) (SPINs), Study on an expedited, rolling basis.
connected devices under the EBB Area Codes (SACs), System for Award 21. Some commenters suggested the
Program. Providers seeking Management (SAM), and/or Dun & Commission provide an opportunity for
reimbursement for connected devices Bradstreet DUNS number for all entities states to assist in the decisions to
must submit a statement of intent to the provider anticipates seeking approve non-ETC providers for the EBB
distribute connected devices as part of reimbursement. Providers should be Program. After due consideration, the
their election notice. These providers prepared to provide this administrative Commission declines to provide a
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should also include documentation information during the election process formal role in the approval process to
detailing the equipment, rates, and to USAC. state public utilities commissions
applicable costs of the laptop, desktop 19. Processing of Elections. The (PUCs). First, the Commission
or tablet. Connected devices should be Commission directs USAC in acknowledges the states’ traditional and
accessible to and usable by users with coordination with the WCB to essential role in designating ETCs as
disabilities. To the extent the provider expeditiously process election notices. provided in section 214 of the
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19536 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
Communications Act of 1934. It is well- eligible broadband provider that that broadly defines the type of
established that states have the primary maintains an existing program that was qualifying programs, supports
responsibility for designating ETCs, and made available by April 1, 2020 to expeditious entry where possible and in
the Commission is only to designate an subscribers meeting at least one of the turn makes EBB Program support
ETC where a state lacks jurisdiction criteria in the CAA’s definition of an available as quickly as possible.
over the carrier applying for eligible household. Specifically, 25. Required Verification Processes.
designation. In fact, in the CAA, providers offering broadband The CAA also requires that providers
Congress recognized the importance of subscribers discounted rates based on seeking automatic approval to
states’ roles in the selection of providers criteria such as low-income, loss of participate in the EBB Program have
for the EBB Program by permitting ETCs income, participation in Federal, state, established programs that maintain
designated by states automatic entry. or local assistance programs, or other verification processes that are
However, the CAA also specifically means-tested eligibility criteria qualify ‘‘sufficient to avoid fraud, waste, and
requires that non-ETC providers be for this automatic approval process. abuse.’’ The Commission finds that
approved for participation by the Additionally, providers that made applying this requirement in a forward-
Commission and does not provide a role commitments to keep subscribers looking manner strikes the appropriate
for the states. The Commission also connected during the pandemic and balance between responsible
recognizes this is a temporary, offered widely available bill forbearance stewardship of the funds and ensuring
emergency program with limited or forgiveness programs beginning no broad provider participation. Providers
funding and it is essential the later than April 1, 2020, and continuing that have been offering a broadband
Commission moves quickly in through the end of this EBB Program, program for eligible households have
establishing the EBB Program and will be eligible for automatic approval. generally foregone collecting revenue
approving the participating providers. The Commission finds that providing they might otherwise have assessed
While the Commission declines to automatic approval for providers that from participating subscribers. Those
establish a formal role for states in the actively offer targeted low-income providers therefore already have
approval of those non-ETC providers, programs or programs in which incentive to prevent enrollment in their
the Commission recognizes the states’ providers otherwise engaged in programs by ineligible households.
interest in knowing the providers who systematic and ongoing billing Providers submitting applications for
are or will be providing the supported practices, like forbearance or automatic approval must describe only
broadband service in their jurisdiction forgiveness, that actively reduced costs the established program and
and thus will make publicly available for struggling subscribers is consistent participation requirements to meet the
the names of approved providers in with the CAA’s requirements. These approval criteria.
each state, along with other information 26. Providers that receive automatic
actions reduced the financial burden on
related to the Commission approvals. approval to participate in the EBB
struggling households consistent with
22. Automatic Approval Process for Program will use the Lifeline National
the Congressional intent of the EBB
Providers with Existing Support Verifier and NLAD to verify household
Program. The principal consideration in
Programs. The Commission adopts an eligibility or their own alternative
determining an ‘‘established program’’
automatic approval process consistent household eligibility verification
for automatic approval is whether
with the CAA to enable non-ETC processes, or the combination of both
subscribers receive or were eligible to
broadband providers with ‘‘an before seeking reimbursement. Even if a
receive a financial benefit through either
established program as of April 1, 2020, provider has its own existing broadband
reduced rates or rate forbearance.
that is widely available and offers program for determining eligible
internet service offerings to eligible 24. Consistent with such a broad households, it may decide to use the
households and maintains verification interpretation, the Commission finds National Verifier for some or all
processes that are sufficient to avoid that a program is ‘‘widely established’’ applications to the EBB Program,
fraud, waste, and abuse’’ to be when it was offered to subscribers in a although it is not required to do so. The
automatically approved upon the filing substantial portion of the service Commission finds that permitting
of information meeting the criteria. Any provider’s service area in a particular automatically approved providers to use
non-ETC broadband provider seeking to state. The Commission declines to adopt USAC’s eligibility determination
qualify for such automatic approval an interpretation that a program must be systems in a manner consistent with the
must file an application describing: (1) offered throughout the provider’s CAA as described in the following
The jurisdiction in which it plans to national or multi-state service territory further bolsters program protections
participate, (2) the service areas in to be widely available. The Commission against waste, fraud, and abuse.
which the provider has the authority, if finds support in the record that many 27. Timing of Approvals. Providers
needed, to operate in each state, but has considerations factor into offering such that file applications certifying to and
not been designated an eligible programs that are not consistent across making necessary demonstrations for
telecommunications carrier, and (3) a jurisdictions, such as state and local the criteria outlined in the document
description, supported by privacy laws, access to eligibility will receive approval automatically
documentation, of the established EBB information, broadband carrier upon filing once the WCB confirms all
Program with which the provider seeks requirements, or the lack of consistent required information was submitted.
to qualify for automatic admission to the assistance programs. The Commission The Commission agrees with
EBB Program. believes Congress’s use of ‘‘widely commenters in the record who argue the
23. Established Program as of April 1, available’’ in lieu of more sweeping intent of Congress was to create an
2020. To facilitate provider alternatives expresses the intent to have automatic presumption of approval for
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participation in the EBB Program, the this term apply to service offerings providers with existing support
Commission adopts a broad made publicly available even if the programs. Thus, the Commission
interpretation of what constitutes an existing program was not available delegates to the WCB the authority to
‘‘established program’’ that is ‘‘widely throughout a provider’s entire service create and administer an application
available.’’ The Commission finds that area. Further, the public interest favors process that will automatically approve
this requirement encompasses any an interpretation of this requirement provider applications meeting the
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19537
criteria described in the document. approval to offer EBB Program services application deadline will receive a
Additionally, once approved, all in states or territories in which the determination prior to the start of the
providers must file with USAC an provider is not designated as an ETC. EBB Program. Accordingly, the
election to participate in the EBB Because such applications will be Commission believes specific
Program to gain access to USAC reviewed on either an automatic or application review deadlines are
systems. expedited basis, the Commission does unnecessary. The Commission delegates
28. Expedited Review Process for Non- not expect such a requirement to impose to the WCB the authority to create and
ETC Providers. The Commission adopts a significant burden on providers. administer an application review
an expedited review process for non- Providers without an ETC designation process that will expeditiously consider
ETC providers that do not qualify for or unaffiliated with an ETC must certify provider applications meeting the
automatic application processing and that they are authorized to provide criteria described in the document.
are not affiliated with an ETC in the broadband services as of December 1, Additionally, all approved providers
same jurisdiction. Such providers must 2020. must file an election with USAC to
file an application for expedited review (c) Documentation of the provider’s participate in the EBB Program.
to receive approval from the WCB to plan to combat waste, fraud, and abuse. 31. Conditions and Requirements for
participate in the EBB Program. As Participating provider applications must Participating Providers. The
proposed in the Public Notice, DA 21– include a certification that the provider Commission finds there is authority
6, each non-ETC broadband provider understands and complies with all within the CAA to require participating
seeking to participate must file an statutory and regulatory obligations, providers to offer the EBB Program
application describing: (1) The state(s) including those described within the benefit throughout the provider’s
in which it plans to participate, (2) the RO, as public interest conditions of approved service area. Additionally, the
service areas in which the provider has offering EBB Program services. Commission finds that use of existing
the authority, if needed, to operate in Specifically, a provider must certify that USAC databases is the most efficient
each state but has not been designated it will: way to begin the program quickly while
an eligible telecommunications carrier, (i) Confirm a household’s eligibility ensuring adequate safeguards to prevent
and (3) documentation of the provider’s for the EBB Program through either the waste, fraud, and abuse. Accordingly,
plan to combat waste, fraud, and abuse. National Verifier or a Commission- the Commission authorizes USAC to
These requirements align with the approved eligibility verification process make available the appropriate
CAA’s requirements for provider prior to seeking reimbursement for the databases to administer the EBB
participation and eligibility. respective subscriber; Program including the National Verifier,
29. Provider applications for review (ii) follow all enrollment requirements NLAD, RAD, and LCS. The Commission
must establish a sufficient showing that and obtain all certifications as required directs USAC to take the appropriate
the provider has met the criteria for by the EBB Program, including actions to update, modify, or create the
expedited review and approval, as providing eligible households with necessary USAC systems to administer
outlined in the following. The information describing the Program’s the EBB Program in line with the
Commission directs the WCB to eligibility requirements, one-per- Commission’s direction in the RO. The
establish and administer this expedited household rule, and enrollment Commission further delegates authority
application review process consistent procedures; to the WCB and the Office of Managing
with the RO. (iii) interact with the necessary USAC Director () to supervise and coordinate
(a) A list of states or territories where systems, including the National Verifier, with USAC all actions necessary to
the provider will offer EBB Program NLAD, and RAD, before submitting make USAC databases and systems
services. A provider seeking approval claims for reimbursement, including available for the EBB Program.
must list each jurisdiction in which it performing the necessary checks to 32. Public Interest Conditions of
seeks to be approved to offer EBB ensure the household is not receiving Approvals. The Commission adopts its
Program services. While the provider duplicative benefits within the EBB proposal to require providers to offer the
need only identify the state or territory Program; EBB Program discount on at least one
where it plans to offer qualifying (iv) de-enroll from the EBB Program service offering across all of its
services for purposes of its submission any household it has a reasonable basis approved service areas in each of the
to the WCB, providers should be to believe is no longer eligible to receive states in which it is approved to
prepared to identify to USAC in their the benefit consistent with Program participate. The Commission finds that
election the postal ZIP code(s) or Census requirements; such an approach is consistent with the
Block(s) where EBB Program service (v) comply with the EBB Program’s CAA’s requirements regarding the
will be offered to obtain Service document retention requirements and establishment of the EBB Program to
Provider Identification Number(s) agree to make such documentation reimburse providers for discounts
(SPINs) or Study Area Codes (SACs), as available to the Commission or USAC, provided to subscribers and supports
necessary. upon request or any entities (for the public interest in ensuring
(b) A statement identifying the example, auditors) operating on their subscribers have access to the EBB
jurisdiction in which the provider behalf; and Program. Further, the CAA grants the
requires FCC approval and jurisdictions (vi) agree to the Commission’s authority to the Commission to
in which the provider is an existing enforcement and forfeiture authority. determine whether a provider meets the
ETC. Providers that are designated as an 30. Timing of Approvals. Providers requirements to participate in the EBB
ETC or affiliated with an ETC in some that have filed an application satisfying Program. The Commission agrees with
states or territories must submit an the criteria outlined in the document commenters that providers should not
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application and obtain WCB approval to will receive expedited review. The have to extend service offerings into
participate in the EBB Program in states Commission declines to adopt a deemed areas where they currently do not exist
or territories where the provider is not granted date or other specific and should not be mandated to offer a
designated as an ETC. Providers, even if application review deadlines for the certain quality of service for the reasons
already designated as an ETC in some expedited review process. Providers further explained in the following.
states or territories, must seek WCB submitting applications by the priority Requiring providers to expand or
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19538 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
otherwise deploy service offerings or process will help ensure that low- EBB Program. The Commission
existing programs into areas where they income households are aware of their establishes that this safe harbor will
currently do not exist increases provider choices in the EBB Program without apply to providers who utilize the
burdens and delays implementation for creating overly burdensome application National Verifier for eligibility
providers seeking to quickly offer EBB requirements for those households. determinations or any alternative
Program services. Approved providers 34. Use of the National Verifier, eligibility verification process that has
must offer at least one EBB Program- NLAD, RAD and other USAC databases. received approval from the Commission
reimbursed service to each of its eligible The Commission finds that, consistent consistent with the RO. The safe harbor
households within its service area. with the CAA’s provision allowing the applies to providers who act in ‘‘good
However, the Commission also Commission to use USAC’s systems and faith’’ with respect to these eligibility
encourages participating providers to services to implement the EBB Program, verification processes. The Commission
make EBB Program support available for participating providers will be required has extensive experience in evaluating
all its service offerings for eligible to use certain USAC systems, such as good faith actions of regulated entities
households. Additionally, pursuant to the Lifeline NLAD and RAD, for in both negotiation and cost
the CAA, participating providers must program administration and will be reimbursement. In line with this
not deny an eligible household the permitted to use the National Verifier to experience, this safe harbor applies to
ability to participate in the EBB Program determine household eligibility. The participating providers for eligibility
based on any past or present arrearages Commission adopts its proposal to rely determinations who act in good faith
with that provider, may not require an on the USAC-administered National based on information provided to them
eligible household to pay an early Verifier, NLAD, RAD, LCS, and other in the household eligibility and
termination fee if the household enters established processes for the EBB enrollment process. Good faith will be
into a contract for its EBB Program- Program, including the provider determined on the totality of
supported service and later terminates reimbursement process, call centers for circumstances surrounding the
that contract, and may not subject EBB program support, provider and participating providers actions or
Program-supported service to a consumer outreach, and conducting statements. Participating providers that
mandatory waiting period based on a program integrity reviews. Accordingly, reasonably rely upon the documentation
household having previously received the Commission adopts the applicable regarding eligibility determinations
service from that provider. part 54 rules that currently govern provided by eligible households or
Lifeline provider interactions with these eligibility determinations from the
33. Notice to Consumers. Providers USAC systems. Specifically, the
also play an important role in ensuring National Verifier will be able to avail
Commission applies the requirements of themselves of this statutory safe harbor
that their customers are informed about § 54.400(i) and (o) of the Commission’s
the EBB Program at the point of for purposes of their compliance with
rules defining the NLAD and National the EBB Program rules.
application and enrollment. Providers Verifier; § 54.404 of the Commission’s
will have a direct relationship with their rules outlining carrier interactions with 36. Application and Election
customers, and as such, have a the NLAD; § 54.406 of the Commission’s Procedures. A provider application to
responsibility to ensure that these rules outlining enrollment agent participate in the EBB Program will
customers have the information they activities and requiring registration with provide information used to determine
need to make an informed decision the RAD; § 54.410 of the Commission’s whether the applicant has the legal and
about the broadband service product rules where appropriate in requiring the technical qualifications to participate in
they subscribe to supported by the EBB use of the National Verifier for the EBB Program. An applicant must
Program. Accordingly, the Commission eligibility determinations; and § 54.419 certify, under penalty of perjury, its
requires participating providers to of the Commission’s rules allowing the qualifications. Non-ETC providers must
collect and retain documentation use of electronic signatures. The certify under penalty of perjury that the
demonstrating that, prior to enrolling an Commission directs the WCB, and information set forth in their application
existing subscriber in the EBB Program, USAC as directed by the WCB, to issue is true, accurate, and complete; they
the provider clearly disclosed to the any further guidance or instruction understand and will comply with all
household that the EBB Program is a necessary to clarify the obligations of statutory and regulatory obligations
government program that reduces the EBB Program providers when using described within the RO; and all terms
customer’s broadband internet access USAC databases and the administrative and conditions and other requirements
service bill, is temporary in nature, that process established for the EBB applicable to using the National
the household will be subject to the Program. Verifier, NLAD, RAD, and other USAC
provider’s undiscounted rates and 35. Safe harbor for participating systems. Providing materially false
general terms and conditions at the end providers. The CAA provides a safe information in the application will
of the program if they continue to harbor provision stating that the disqualify a provider from participation
receive service, that the household may Commission may not enforce a violation in the EBB Program. Eligibility to
obtain broadband service supported by of the CAA using sections 501, 502, or participate in the EBB Program is based
the EBB Program from any participating 503 of the Communications Act, or any on an applicant’s submission of
provider of their choosing, and that the rules of the Commission promulgated required information and certifications.
household may transfer their EBB under such sections, if a participating A potential applicant must take
Program benefit to another provider at provider demonstrates that it relied in seriously its compliance duties and
any time. The provider must also retain good faith on information provided to responsibilities and carefully determine
documentation demonstrating that, such provider to make any verification before filing an application that it is able
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having received such disclosures, the required by subsection 904(b)(2) of the to meet the obligations associated with
household provided affirmative consent CAA. Section 904(b)(2) of the CAA EBB Program support. An applicant’s
to applying their EBB Program benefit to imposes a duty on participating filing and subsequent approval does not
the service received from the EBB providers to verify whether a household guarantee the applicant will receive EBB
Program provider. The Commission is eligible to receive the service and Program reimbursement. Each
believes that this disclosure and consent connected devices supported by the participating provider must file all
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19539
required forms, information, and public interest. A household is eligible from other existing EBB Program
certifications with the Commission and for the EBB Program regardless of subscribers. For providers conducting
USAC to receive reimbursement. whether any member of the household eligibility determinations pursuant to an
37. A non-ETC provider seeking to already receives a Lifeline benefit. approved alternative verification
participate in the EBB Program must file Further, a household is eligible for the process, the Commission requires that
the appropriate application, whether it EBB Program ‘‘regardless of whether any such processes include measures to
is eligible for expedited or automatic member of the household has any past confirm that a household, under the
approval, electronically, whether filing or present arrearages with a broadband definition the Commission adopts
for automated or expedited approval, provider.’’ within, is not receiving more than one
through the process announced by the 39. While the CAA provides a EBB Program benefit. The Commission
WCB following the adoption of the RO. definition for ‘‘eligible household,’’ it also directs USAC to conduct periodic
An applicant provider bears full does not define ‘‘household’’ itself, and program integrity reviews to confirm
responsibility for submitting an the Public Notice, DA 21–6, sought that EBB Program subscribers located at
accurate, complete, and timely comment on using the definition of the same address are in compliance
application, and should thoroughly ‘‘household’’ provided in [the] Lifeline with these requirements.
review the EBB Program participating rules for purposes of administering the 40. Commenters also argue the EBB
provider requirements, in addition to EBB Program. The Lifeline rules define Program should support broadband
any subsequent guidance, to ensure all ‘‘household’’ as: provided to multiple dwelling units at
required information is included in its a single address, such as senior and
any individual or group of individuals who
application. An applicant provider
are living together at the same address as one student living, mobile home parks,
should be cognizant that submitting an economic unit. A household may include apartment buildings, and Federal
application (and any amendments related and unrelated persons. An ‘‘economic housing units, that receive service as
thereto) constitutes a representation by unit’’ consists of all adult individuals part of a bulk billing arrangement where
the certifying official that he or she is an contributing to and sharing in the income the households ‘‘are not directly billed
authorized representative of the and expenses of a household. An adult is any
person eighteen years or older. If an adult has
for services by their internet service
applicant, that he or she has read the
no or minimal income, and lives with provider, but instead pay a monthly fee
appropriate instructions and
someone who provides financial support to for broadband services to their
certifications, and that the contents of
him/her, both people shall be considered part landlord.’’ Similarly, there may be
the application, its certifications, and
any attachments are true and correct. of the same household. Children under the ‘‘entities such as school districts, health
age of eighteen living with their parents or care providers, assisted living or nursing
Submitting a false certification to the guardians are considered to be part of the
Commission may result in penalties, facilities, and local governments who
same household as their parents or purchase service ‘in bulk’ for eligible
including monetary forfeitures, license guardians.
forfeitures, and ineligibility to households.’’ The Commission
participate in future Commission The record contains broad consensus concludes on balance to make available
auctions or competitions, as well as supporting the proposal to use Lifeline’s the Emergency Broadband Benefit
criminal prosecution and/or liability definition of household, and the available in these arrangements as long
under the False Claims Act. Commission adopts this proposal. Other as the provider is approved in the EBB
38. Household Eligibility—Emergency commenters agreed, generally, without Program and the household is eligible
Broadband Benefit Program Eligible reference to the Lifeline definition, that under the statute. These eligible
Households. The CAA directs that a multiple people should be able to households are otherwise at risk of
household will qualify for the EBB receive the EBB Program benefit at a missing out on broadband services
Program if at least one member of the single address, so long as the people supported by the EBB Program because
household: (1) Meets the qualifications were part of different households, they may not be directly billed by the
for participation in the Lifeline program; similar to Lifeline’s definition of a participating provider and may not have
(2) has applied for and been approved household. Some commenters disagree a typical relationship with the
to receive benefits under the free and with the Commission proposal to permit participating provider. As a result, the
reduced price lunch program under the one benefit per household, noting that Commission believes that including
Richard B. Russell National School often times households will have support in the EBB Program for these
Lunch Act or the school breakfast multiple people requiring access to eligible households will increase the
program under section 4 of the Child quality broadband and devices, and number of struggling households that
Nutrition Act of 1966; (3) has each may need a benefit even though are able to benefit from the EBB
experienced a substantial loss of income they are part of the same household. Program. In situations where the
since February 29, 2020 that is While the Commission is cognizant of support is passed through as a discount
documented by layoff or furlough the varying needs of households, it read off of the monthly price paid by the
notice, application for unemployment the CAA to allow only a single benefit eligible household, the eligible
insurance benefits, or similar per household. As a result, the household must provide consent to the
documentation or that is otherwise Commission will use the Lifeline bulk purchaser/aggregator or
verifiable through the National Verifier program’s definition of household and participating provider to apply their
or the NLAD; (4) has received a Federal limit to each economic unit a single EBB Program benefit to that service, and
Pell Grant under section 401 of the monthly Emergency Broadband Benefit the participating provider must retain
Higher Education Act of 1965 in the and single connected device documentation of such consent. The
current award year; or (5) meets the reimbursement. To help applicants participating provider claiming
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eligibility criteria for a participating determine if there is more than one reimbursement for the service provided
provider’s existing low-income or household at an address, the under the bulk arrangement must retain
COVID–19 program, subject to approval Commission made available for the EBB documentation demonstrating that the
by the Commission and any other Program a Household Worksheet to amount claimed by the provider from
requirements deemed by the confirm whether an applicant is part of the EBB Program is fully passed through
Commission to be necessary in the an independent economic household to the eligible household as a discount
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19540 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
off of the monthly price that the eligible certification from an EBB Program provides that participating providers
household otherwise would have paid subscriber regarding more than one can use one of three methods to verify
directly to the bulk purchaser. To benefit at a household. The Commission eligibility for the EBB Program. In the
ensure compliance with these further directs USAC to apply its following, the Commission discusses
requirements, the Commission requires existing periodic Lifeline program the first method of verification, use of
participating providers offering service integrity reviews for addresses with an the National Verifier and NLAD. The
through such bulk billing arrangements unusually high number of subscribers to CAA allows a participating provider to
to retain documentation demonstrating addresses enrolled in the EBB Program use the National Verifier and NLAD to
the identity of the entity or entities as well. confirm applicants’ eligibility. The
through which the discount was passed 42. The WCB also sought comment on Commission finds that allowing
and the eligible households who whether the EBB Program should adopt participating providers to use the
received the subsidized service. As an the same NLAD processes used for National Verifier will help to stand up
example, if a bulk purchaser typically Lifeline. After consideration of the the EBB Program quickly and provide
provides eligible households broadband record, the Commission concludes that administrative efficiency, while also
service for $30 a month, each eligible the Commission should use the NLAD serving as an effective tool to prevent
household that receives such service for a variety of functions for the EBB waste, fraud, and abuse. The
must provide consent to the bulk Program. The CAA, for example, Commission directs USAC to make
purchaser or participating provider that contemplates the use of the NLAD by available an EBB Program consumer
the participating provider can seek participating providers for purposes of portal and application form leveraging
reimbursement from the EBB Program determining whether a household is an the existing National Verifier
for the $30 a month service. The eligible household. The Public Notice, infrastructure. Commenters also
participating provider would need to DA 21–6, sought comment on a proposal requested that the Commission enables
retain documentation of such consent, to require all participating providers to a service provider portal or eligibility
as well as documentation that the $30 track enrollments of eligible households check application programming
that the participating provider is seeking in the EBB Program in the NLAD to interface (API) so that providers can
reimbursement for will be fully passed prevent duplicative support. There was help consumers with the application
through to the eligible household. As a broad support in the record supporting process. The Commission agrees that
result of the discount, the bulk the proposal, and the Commission these additional application methods
purchaser would be paying $30 less to adopts it. Further, the Commission finds would enable providers to help enroll
the participating provider, and the that all providers, including those that consumers, and the Commission directs
eligible household would be receiving use an approved alternative verification USAC to make available these other
free broadband service and not paying process or verify eligibility via a school application methods as well if feasible
anything to the bulk purchaser. In cases as discussed in the following, must within the overall timeframe of the EBB
where the household does not pay a fee enroll their subscribers in the NLAD Program.
for the service, either to the provider or prior to claiming reimbursement for
those subscribers, to prevent duplicative 45. Generally, the National Verifier is
a bulk purchaser/aggregator, but the fee a system of systems, with computer
is paid by another entity, the service support between providers.
43. Finally, the Commission observes connections to state and Federal
cannot be claimed for EBB Program eligibility databases that can
that households are eligible to
support. automatically check and confirm a
participate in both the EBB Program and
41. The Public Notice, DA 21–6, the Lifeline program, either on the same household’s eligibility electronically,
sought comment on whether there or different services, and the followed by manual review of eligibility
should be a limitation on the number of Commission directs USAC to enable the documentation for any applicants
benefits per address regardless of the NLAD to allow an eligible household to whose eligibility cannot be verified
number of households. The Commission have separate subscriber IDs for the EBB using an automated data source. To
concludes that the Commission will not Program and Lifeline and to associate assist those participating providers that
impose any limitations inconsistent such subscriber IDs with a respective want the National Verifier to be a one-
with the Lifeline definition of a Lifeline provider or Emergency stop shop for determining eligibility for
‘‘household.’’ The Commission also Broadband Benefit provider, as the EBB Program and do not to conduct
sought comments on whether additional applicable. If a household is enrolled their own verification processes, the
enrollments at a single address require only in the Lifeline program, then it will Commission directs USAC to enable the
a separate, more rigorous verification only have a Lifeline subscriber ID and National Verifier to verify three
process. Some commenters cautioned be associated with a Lifeline provider. If additional eligibility bases that are
against using a separate process, and the a household is enrolled only in the EBB required by the CAA for the EBB
Commission finds that the Household Program, then it will only have an EBB Program: (1) Participation in free and
Worksheet as used in Lifeline will help Program subscriber ID and be associated reduced lunch program under the
protect against duplicate benefits, while with an EBB Program provider. If a Richard B. Russell National School
not being overly burdensome to household is enrolled in both the Lunch Act or the school breakfast
applicants. The Public Notice, DA 21–6, Lifeline program and the EBB program, program under section 4 of the Child
also sought comment on whether an then it will have separate Lifeline and Nutrition Act; (2) a substantial loss of
applicant should certify that no other EBB Program subscriber IDs, and each of income since February 29, 2020; and (3)
person in the economic household is those subscriber IDs will be associated receipt of a Federal Pell Grant under
receiving a benefit. The Commission with their respective Lifeline or EBB section 401 of the Higher Education Act
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finds that the Household Worksheet Program provider (in some cases, a of 1965 in the current award year. The
requires an applicant to confirm their household may choose the same CAA contemplates substantial loss of
understanding of the one-per-household provider for both the Lifeline program income and Federal Pell Grant
rule and that the person will lose their and the EBB Program). participation would be verified by the
benefit if they break the rule, and the 44. National Verifier and NLAD National Verifier where possible, and
Commission will not need any further Eligibility Determination. The CAA commenters agreed with adding those
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19541
eligibility bases to the National Verifier. paid invoice that clearly documents the Social Security Number or cannot be
Commenters also suggested that student’s receipt of a Pell Grant during verified using a Social Security Number
participation in school breakfast or the current award year; and (4) a copy may verify their identity using a variety
lunch should also be added to the of a student’s Student Aid Report that of other types of identity
National Verifier, and the Commission clearly documents the student’s receipt documentation, including a
agrees. Where possible, the Commission of a Pell Grant during the current award government-issued ID, passport, driver’s
directs USAC to enable database year. USAC should consider these license, or Individual Taxpayer
connections through computer matching documents when establishing Identification Number documentation.
agreements with the respective documentation criteria for receipt of a The Commission directs USAC to work
government entities for those programs. Pell Grant. with the WCB to establish approval
Where not possible, the Commission 47. The CAA allows that current criteria for acceptable identity
directs USAC, under the direction of the Lifeline enrollees are automatically documentation. In developing that
WCB, to allow eligible households to eligible for the EBB Program based on criteria, USAC should consider the
submit documentation so that USAC their Lifeline eligibility. Many methods used to verify identity by
can manually process the eligibility commenters suggested that customers providers with existing low-income
information for inclusion in the already enrolled in Lifeline should not programs.
National Verifier. The Commission have to also apply for the EBB Program. 49. The Public Notice, DA 21–6,
delegates authority to the WCB to direct The Commission finds that current proposed that eligible households will
USAC in these efforts and to provide Lifeline households will not need to be required to interact directly with
any additional interpretations of section apply for the EBB Program or submit National Verifier as is currently required
904 necessary for implementing use of new eligibility documentation if they for the Lifeline benefit, and many
the National Verifier for the EBB are already enrolled in NLAD. Current commenters supported this proposal.
Program. Unless and until such database Lifeline enrollees, however, must still The Commission adopts this proposal
connections have been enabled, USAC opt-in or affirmatively request and will require households to interact
will verify program eligibility based on enrollment in the EBB Program. As directly with National Verifier. Some
manual documentation review, explained in the document, providers commenters suggested that the
consistent with the guidelines discussed must collect and retain documentation Commission permit service providers to
in the following. demonstrating that, prior to enrolling an submit verification requests through the
existing Lifeline household in the EBB National Verifier on behalf of
46. Where the National Verifier Program, the provider made clear households even if the households
cannot verify eligibility through any disclosures regarding the EBB Program consumers are not physically present
automated data sources, the benefit and the consumer’s choices with the service provider, while others
Commission delegates to the WCB to within the EBB Program, and the were concerned that consumers may not
direct USAC to establish documentation household provided affirmative consent be able to access National Verifier as
criteria for the three added eligibility to applying their Emergency Broadband they do not have broadband access, and
programs. While the Consolidated Benefit to the service received from the places such as libraries or community
Appropriations Act identified a few EBB Program provider. centers that typically offer broadband
types of documentation to demonstrate 48. In the Lifeline program, potential access are closed or operating in a
income loss, such as ‘‘layoff or furlough households are required to provide the limited capacity due to the pandemic.
notice, application for unemployment last four digits of a Social Security Although allowing service providers to
benefits, or similar documentation,’’ the Number to enroll in National Verifier remotely submit information on behalf
Commission sought comment on other and NLAD to verify subscriber identity. of consumers may benefit some
types of documentation. Some Some commenters, however, argue that consumers, the Commission finds that
commenters argued that other the CAA does not require a Social the risk to program integrity and
documentation for substantial loss of Security Number for enrollment in the potential for waste, fraud, and abuse
income should be construed broadly, or EBB Program, and that if the outweighs the benefit. Further,
that the Commission has kept in mind Commission imposes a Social Security households that do not have internet
the widespread loss of income. Number requirement, many of the access to apply electronically through
Consistent with the Commission’s neediest households may not be able to the National Verifier may still apply for
clarification of ‘‘substantial loss of enroll because they may not have a the EBB Program using a paper
income since February 29, 2020,’’ Social Security Number, may have application. In addition, verification
discussed in the following, any difficulty accessing data, or fear through the National Verifier is not the
documentation must clearly show loss providing a Social Security Number. only way for households to get verified
of a job, including due to a furlough, Commenters suggested alternative forms in the EBB Program, as service providers
that began after February 29, 2020, of identification instead of a Social may have their own approved
however documented, as well as the Security Number, such as an Individual alternative verification processes to
household’s annual income for 2020. In Taxpayer Identification Number (ITIN), enroll households, while other
addition, many commenters suggested Government ID, current utility bill, or households may be qualified by a
acceptable documentation for receipt of current employment photo provider through verification with a
a Pell Grant under section 904(a)(6)(D) identification badge. While the school. Given these alternatives, the
of the CAA, including: (1) Written or Commission permits a consumer to use Commission thought that permitting
electronic confirmation from a student’s the last four digits of a Social Security providers to sign up consumers
Institution of Higher Education that the Number during enrollment, the remotely was necessary.
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student has received a Pell Grant for the Commission was persuaded that 50. The CAA permits households with
current award year; (2) a student’s accepting only a Social Security members who qualify for free and
official financial aid award letter Number may prevent eligible reduced-price school lunch or the
documenting the amount of a student’s households from enrolling in the EBB school breakfast program to enroll in the
Pell Grant award received for the Program. Applicants who choose not to EBB Program. As a result, the
current year; (3) a copy of a student’s provide the last four digits of their Commission permits qualifying
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19542 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
households to apply for the EBB the free and reduced price lunch or Commission should clearly define
Program and will have USAC enable the breakfast programs, the California ‘‘substantial loss of income,’’ only a few
National Verifier to approve the Emerging Technology Fund proposed commenters provided criteria for the
household based on participation in free that the Commission should allow proof Commission to consider. Consistent
and reduced lunch program or the of enrollment in these programs for with the requirements of the CAA, the
school breakfast program. In the Public either the 2019–2020 and 2020–2021 Commission clarifies that a ‘‘substantial
Notice, DA 21–6, the WCB sought school year, given that many schools loss of income’’ includes the loss of a
comment on the reduced or free school have been closed since mid-March 2020 job, including a furlough, that is
breakfast or lunch eligibility from due to the pandemic and students may documented by a layoff or furlough
section 904(a)(6)(B) of the CAA and how not be enrolled in the programs in the notice, application for unemployment
to treat households with students current school year. The Commission insurance benefits, or similar
enrolled in the EBB Program in schools agrees with this proposal. The documentation. The Commission
or school districts that participate in the Commission therefore accepts for permits households with such members
USDA Community Eligibility Provision. eligibility determination purposes a to enroll in the EBB Program through
Participation in the Community household’s confirmation that the the National Verifier. To target
Eligibility Provision allows the nation’s household has dependent children who eligibility to households most in need,
highest-poverty schools and school participated or are participating in the the Commission agrees with
districts to serve breakfast and lunch at Community Eligibility Provision school commenters that the Commission
no cost to all enrolled students without breakfast or free and reduced-price imposes a household income limitation,
needing to collect individual household school lunch program in the 2019–2020 and consistent with the criteria
applications. Thus, households with a or 2020–2021 school year. The established by the Centers for Disease
student enrolled in a school or school Commission directs USAC to develop a Control to halt evictions, a household
district participating in the Community process for such eligibility that has suffered a job loss must not
Eligibility Provision will not have determinations that has the capability have had an income in 2020 greater than
‘‘applied for and been approved to to, after a household provides the name $99,000 for single-filers and $198,000
receive’’ school lunch or breakfast of a dependent child’s school, for joint filers to be eligible for the EBB
programs but are still beneficiaries of automatically check for CEP Program.
these programs. Many commenters participation against the nationwide 54. The CAA also permits eligibility
support that households with children lists maintained by U.S. Department of into the EBB Program if a member of a
enrolled in largely low-income schools Agriculture and/or the Food Research & household has received a Federal Pell
or school districts that participate in the Action Center. The Commission also Grant under Section 401 of the Higher
Community Eligibility Provision should directs USAC to conduct program Education Act of 1965 in the current
be eligible for the emergency broadband integrity reviews of a sample of award year. Commenters supported and
benefit under section 904(a)(6)(B) of the households who enrolled in the EBB welcomed the inclusion of receipt a Pell
CAA despite not individually applying Program using this eligibility criteria to Grant as an eligibility basis for the EBB
for assistance. The Commission agrees confirm EBB Program compliance. Program. USTelecom has asked for
with these commenters. 52. The Public Notice, DA 21–6, also clarification on what constitutes a
sought comment on whether a school’s household for purposes of a Pell Grant,
51. Some commenters argue that participation in the E-Rate program given that students that are awarded
accepting participation in the would facilitate any needed verification. Pell Grants are typically living away
Community Eligibility Provision would The Commission receives some from parents, yet that student may be
be overinclusive. On balance, the comments supporting the idea that a dependent on parental support. The
Commission finds that the risk of school participating in E-Rate should be Commission clarifies that consistent
including otherwise ineligible sufficient to confirm household with the EBB Program’s adoption of the
households is outweighed by the eligibility for its students’ households. Lifeline definition of ‘‘household,’’
importance of making the EBB Program However, schools can participate in E- people are part of the same household
accessible and removing barriers to Rate even if less than 1% of its students if they share income and expenses and
participation. Indeed, because the are eligible for the National School live at the same address. If the recipient
schools that participate in the Lunch Program. As such, the of a Pell Grant lives at a separate
Community Eligibility Provision are the Commission did not find that a school’s address from the recipient’s parents, the
among the highest-poverty schools in participation in E-Rate alone would recipient and the family are separate
the nation, the Commission believes provide any help as to the eligibility of households, and only the recipient of
that including households with students households that have students enrolled the Pell Grant would be eligible for the
that attend those schools efficiently in that school, and the Commission EBB Program using Pell Grant
targets low-income households and declines to use participation in E-Rate eligibility.
excluding such schools would as a basis of eligibility for qualifying for 55. The CAA also allows into the EBB
counterintuitively effectively remove school lunch or breakfast. Program a household where at least one
the National School Lunch Program as 53. Households with members who member meets the eligibility criteria for
a qualifying program for households in have experienced a substantial loss of a participating provider’s existing low-
largely low-income schools and school income are also qualified to enroll in the income or COVID–19 program. For
districts. The Commission also EBB Program according to the CAA. The eligibility under this provision,
recognizes that allowing use of the WCB sought comment on how to define commenters suggested that providers
Community Eligibility Provision as a a ‘‘substantial loss of income since should be able to continue to operate
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qualifying program limits disclosure to February 29, 2020’’ in section the EBB Program with the existing
less sensitive information of 904(a)(6)(C) of the CAA, and whether eligibility requirements. Although this
households. While the CAA does not households with an income above a provision of the CAA suggests the
provide a specific time frame for when certain level should be excluded from Commission could impose other
the member of the household should the EBB Program. Although the eligibility requirements on these
have been approved for benefits under Commission receives comments that the existing programs that the Commission
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19543
considers necessary for the public of the participating provider,’’ subject to consumers in the EBB Program. The
interest, given the emergency nature of certain conditions. As set out by the Public Notice, DA 21–6, proposes that
the EBB Program, the Commission CAA, the ‘‘participating provider the Commission delegates to the WCB
declines to modify the programmatic or submits information as required by the authority to review and approve (or
income eligibility requirements of any Commission regarding the alternative deny) alternative verification processes,
provider’s existing low-income or verification process prior to seeking and the Commission adopts this
COVID–19 program for purposes of reimbursement,’’ and the Commission proposal. The Commission directs the
eligibility in the EBB Program. Some has seven days after receipt of the WCB to develop a process for
commenters suggested that the information to notify the participating submitting proposed alternative
Commission work with providers to set provider if the participating provider’s verification processes and to review and
a baseline eligibility for the provider’s ‘‘alternative verification process will be approve or reject such submissions
existing low-income or COVID–19 sufficient to avoid waste, fraud, and within the seven days required by the
program. The Commission similarly abuse.’’ CAA. For ETCs, the Commission directs
believes imposing baseline criteria on 58. The Public Notice, DA 21–6, such providers to submit to the WCB
all existing low-income or COVID–19 sought comment on what information requests for approval describing their
programs would be disruptive to those should be provided to the Commission alternative verification process after
programs and cause undue burden on concerning the alternative verification submitting their notice of election to
the providers at a time when it is process, and the criteria the USAC. The ETC’s request for approval
essential those programs continue to Commission should consider in of its alternative verification process
operate efficiently. Finally, consistent determining whether a provider’s must still go through the approval
with the CAA’s allowance that a alternative verification process is process required by section 904(b)(2)(B)
broadband provider that had an sufficient to avoid waste, fraud, and of the CAA and be approved by the
established a low-income or COVID–19 abuse. Some commenters suggested that WCB before the ETC can begin
program as of April 1, 2020 shall be the Commission create a model providing EBB Program service. For
automatically approved as a ‘‘alternative verification process’’ for providers seeking a non-ETC approval
participating provider, and to ensure participating providers to choose, while from the WCB, the Commission directed
that such eligibility determinations are others suggested that the Commission such providers to submit requests for
made pursuant to well-established automatically approve the verification approval describing their alternative
verification mechanisms, the processes for providers that have low- verification process along with their
Commission finds that a participating income programs that are not provided application to participate in the EBB
provider’s existing low-income or with government assistance and instead Program, where possible. Although the
COVID–19 program must have been subsidized by the provider, as those provider application to participate may
available as of April 1, 2020, and any providers already have strong incentives be granted automatically if the provider
eligibility criteria for such programs to ensure that only qualified customers qualifies for such a grant, the provider’s
must have been established as of April take advantage of those programs. Other request for approval of its alternative
1, 2020, for use of that program as a commenters proposed that local verification process must still go
qualifying program under section governments may act as the alternative through the approval process required
904(a)(6)(E) of the CAA. verification process for providers. The by section 904(b)(2)(B) of the CAA and
56. Some commenters suggested that Navajo Nation Telecommunications be approved by the WCB before the
although the Commission does not Regulatory Commission suggested that
provider can begin providing EBB
allow Lifeline applicants to self-certify, the Commission should work with
Program service.
the Commission should allow EBB providers who have worked in Indian
Program applicants to self-certify given Country to get their input as to 60. The Commission also agrees with
the emergency nature of the EBB verification, given the challenge that commenters that non-ETCs that are
Program. While the Commission Lifeline has in verifying consumers in automatically approved as a
recognizes that self-certification could Indian Country. The Commission also participating provider based on having
in some circumstances lessen the received comments that any alternative an established low-income or COVID–19
burden on some households, the verification process should be allowed program as of April 1, 2020 pursuant to
Commission declines to allow self- to have different household eligibility section 904(d)(2)(B) of the CAA should
certification. Self-certification presents a definitions, but the Commission finds also have the alternative verification
sizable risk of waste fraud and abuse in that it cannot expand eligibility beyond processes for those programs
the EBB Program. Further, the what the Consolidated Appropriations automatically approved. The CAA not
Commission finds the CAA Act authorizes. The Commission notes, only provides an automatic approval for
contemplates documentation and however, that under section 904(a)(6)(E) such providers but also deems as
verification to confirm eligibility and of the CAA, a broadband provider’s eligible for the EBB Program households
permitting a household to enroll in the eligibility criteria for their existing low- with at least one member that meets the
EBB Program while only self-certifying income or COVID–19 program may eligibility criteria for a participating
to eligibility would run contrary to these provide eligibility bases other than provider’s existing low-income or
statutory requirements. And given the those explicitly listed in sections COVID–19 program. The Commission
many bases of eligibility through which 904(a)(6)(A)–(D) of the CAA. finds Congress’ heavy reliance on these
a household is able to enroll in the EBB 59. Regardless of how a provider existing aid programs instructive. The
Program and different avenues for seeks or receives authorization to Commission is persuaded that such
verification, the Commission finds that participate in the EBB Program (as an providers have strong incentives to
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these ample opportunities make self- ETC, as a non-ETC with expedited ensure that only qualified customers
certification far less urgent. approval, or as a non-ETC with take advantage of a provider’s own low-
57. Participating Provider Alternative automatic approval), a provider must income or COVID–19 program, as these
Verification Process. The CAA also submit and receive WCB approval of its programs are currently subsidized by
allows a participating provider to ‘‘rely alternative verification process prior to the provider. Any such automatically
upon an alternative verification process using such a process to enroll approved provider must still submit a
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19544 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
description of their alternative process, it must explain why it proposes and individuals enrolled in the EBB
verification process to the WCB. to use an alternative verification process Program without violating data privacy
61. The Public Notice, DA 21–6, instead of the National Verifier and confidentiality laws. The
proposed to allow alternative eligibility determinations. The Commission also received a comment
verification methods that are at least as Commission declines to issue a model suggesting that the Commission create a
stringent as methods used by the alternative verification process, and the standard protective order or consent
National Verifier, and the Commission Commission further declines to approve form that providers can use. One
received comment agreeing with this any of the other alternative verification commenter was also concerned that
proposal. To be at least as stringent as processes submitted by commenters. there may be significant administrative
the National Verifier, information 62. The Public Notice, DA 21–6, also burdens and staffing requirements
collected by participating providers in sought comment on documentation and placed on schools if they are required to
the alternative verification process records providers should be required to verify students, particularly if schools
should at least include the applicant’s: keep complying with audit have a large number of students that
(1) Full name, (2) phone number, (3) requirements. Commenters suggested qualify. One commenter estimated that
date of birth, (4) email address, (5) home that the providers should at least collect it could take a school district 192 hours
and mailing addresses, (6) name and and retain documentation of the a month to process income verification
date of birth of the benefit qualifying applicant’s identity and eligibility requests from service providers. The
person if different than applicant, (7) criteria. The Commission requires that Commission shares those concerns and
providers keep all documentation was sympathetic to the burdens this
basis for inclusion in program (e.g.,
provided to them from the applicant method could impose on schools,
SNAP, SSI, Medicaid, school lunch, Pell
used to make eligibility determinations, especially during the pandemic when so
Grant, income, provider’s existing
for as long as the applicant receives the many school administrators and
program, etc.) and documentation
Emergency Broadband Benefit, and also teachers are struggling with the
supporting verification of eligibility,
for no less than the six full calendar challenges of safe, in-person education,
and (8) certifications from the
years following the termination of the supporting students in need, and
household that the information
EBB Program. For example, if a distance learning. The Commission
included in the application is true. The
subscriber enrolls in the EBB Program concludes that, to comply with the
provider must describe the processes it
through participation in the school requirements of the CAA, for a
(or a third-party) uses to verify the breakfast or lunch program or the Pell
requested preceding information, participating provider to rely on
Grant, retained documentation should information provided by a school when
including the applicant’s identity and include the name of the school and
eligibility, and as required by the CAA, enrolling a household in the EBB
school year for which the subscriber has Program, the participating provider
the provider must explain why the claimed eligibility. This requirement is
provider’s alternative process will be must certify in NLAD that it relied on
similar to the document retention information provided by a school for
sufficient to avoid waste, fraud, and requirement used in the Lifeline
abuse. For example, Comcast requires eligibility verification and that it retains
program but is long enough to cover the documentation indicating: (1) The
consumers to submit an application to statute of limitations under the False
obtain proof of identification and school providing the information, (2)
Claims Act laws for Federal wire fraud the program(s) that the school
establish eligibility for its internet and ensures that documentation is
Essentials program, which is open to participates in, (3) the household that
available to confirm program
individuals in a high poverty area or qualifies (and qualifying student(s)), (4)
compliance. Commenters also agree
through participation in a government and the program(s) the household
with the proposal in the Public Notice,
assistance program. Comcast cross- participates in. The Commission
DA 21–6, that providers identify the
references information from the believes this permits access to the EBB
alternative verification process used
application against internal databases Program for student households through
when enrolling a household in the
populated with publicly available data the school and also minimizes the
NLAD, and the Commission adopts that
from government sources to confirm burden on the school, especially in light
proposal. The Commission also directs
participation in National School Lunch of the relevant privacy and consent
USAC to conduct periodic program
Program, residence at a public housing requirements. At the same time,
integrity reviews to ensure that
address, or residence in high poverty subscribers enrolled through a households with students can also
area, and if eligibility cannot be verified provider’s alternative verification verify eligibility for and enroll in the
through internal databases or based on process are eligible for the emergency EBB Program without relying upon
participation in a different government broadband benefit. schools, and will be able to use on any
program, Comcast requires 63. School-Based Eligibility of the qualifying criteria for eligible
documentation of proof of participation Verification. The CAA also allows a households set forth in the CAA. And
and the documentation is reviewed by participating provider to rely on a while the Commission declines to create
a vendor. The provider must also school to verify eligibility under the free a standard protective order or consent
explain how it trains its employees and and reduced price school lunch or form, it recognized that it may be a
agents to prevent ineligible enrollments, school breakfast program. The Public beneficial tool for consumers and
including enrollments based on Notice, DA 21–6, proposed that a providers, and delegate to the WCB the
fabricated documents. If the alternative provider identify the school it relied on authority to create such a form if it is
verification process fails to include any when enrolling a household in NLAD, needed for the National Verifier’s
of the preceding information in the and commenters agreed. The processes.
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document, the provider should explain Commission also sought comment on 64. Covered Services and Devices. The
why it thinks such information is not what other information a participating COVID–19 pandemic continues to
necessary to prevent waste, fraud, and provider should be required to submit challenge Americans’ access to and
abuse. If a provider without an or maintain. Commenters were reliance on broadband connections as
established low-income program seeks concerned about the ability of schools to households try to adapt and ensure that
approval of an alternative verification provide information about households they have the tools to succeed in their
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19545
everyday tasks, including telework, program will discourage participation quality of the broadband services
telehealth, telemedicine, and virtual and result in less consumer choice than provided to eligible households,
learning. The CAA permits, in the EBB would otherwise be available if it however, such as speed, data caps, and
Program, eligible households to receive provided participating providers with other non-price elements, would be
a discount off the cost of broadband more flexibility. However, the contrary to the law’s purpose of
service and certain connected devices, Commission notes that participating supporting robust modern broadband
and participating providers can receive providers may apply the emergency service during an unprecedented
a reimbursement for such discounts broadband benefit to any of their pandemic. The Commission therefore
during the emergency period. eligible offerings, including promotional permits provider offerings that were
65. Services. In describing the services offerings that were available as of available on and include the same terms
eligible for EBB Program support, the December 1, 2020. Specifically, as those available as of December 1,
CAA defines ‘‘internet service offering’’ pursuant to the CAA, participating 2020 to include free enhancements in
as a broadband internet access service providers are required to make available quality with respect to such non-price
provided to a household, and defines to eligible households a monthly elements.
‘‘broadband internet access service’’ discount off the standard rate for an 68. Minimum Service Standards. The
with the meaning given to that term in internet service offering and associated Commission declines to apply
§ 8.1(b) of the Commission’s rules. The equipment, up to $50.00 per month. For minimum service standards to covered
Consolidated Appropriations Act households residing on Tribal lands, the services for the EBB Program. The
further requires that an internet service monthly discount may be up to $75.00 Commission finds that qualifying
offering must have a ‘‘standard rate’’ in per month. Participating providers will internet service offerings must include a
order to receive the emergency receive reimbursement from the EBB broadband connection (as defined in
broadband benefit, and that standard Program for the discounts provided. section 904(a)(9) of the CAA)—fixed or
rate equals the ‘‘the monthly retail rate mobile—that permits households to rely
67. The Commission provides further
for the applicable tier of broadband on these connections for the purposes
clarity on the internet service offerings
internet access service as of December 1, essential to participating in society
and associated equipment eligible for
2020, excluding any taxes or other during the pandemic, such as telework,
reimbursement. Internet service offering
governmental fees.’’ The Commission remote learning, and telehealth. A
is defined as ‘‘broadband internet access
interprets this requirement to mean that majority of commenters supported this
service provided by such provider to a approach, explaining that broadband
an internet service offering eligible for
EBB Program support must have a retail household, offered in the same manner, speeds should be sufficient for telework
rate that was on offer as of December 1, and on the same terms, as described in and distance learning, and discount-
2020 and that, but for the application of any of such provider’s offerings for eligible internet service offerings should
the EBB Program discount, would have broadband internet access service to feature speeds comparable to those
been charged to the customer on a such household, as on December 1, offered to market-rate customers. The
monthly basis. The Commission 2020.’’ Accordingly, providers who Commission also recognizes that
interprets the CAA’s reference to a participate in the EBB Program are only Congress did not limit the discount to
‘‘monthly retail rate’’ to exclude eligible to receive reimbursement for lower-cost broadband plans. Consumers
broadband service products that are offerings that were available on and purchasing discounted services under
priced based primarily on the data include the same terms as those the EBB Program qualify for the same
allowance of the product (for example, available as of December 1, 2020. The protections as those purchasing services
a purchase 1 GB of data for $5.00) and majority of commenters do not oppose at standard rates. Thus, providers that
are sold separate from a monthly the service offering date of December 1, offer discounted broadband services
recurring service plan). This 2020, but some commenters explain that pursuant to the EBB Program rules,
requirement also helps to focus limited the December 1, 2020 date should not either on a standalone or bundled basis,
funding toward more robust broadband limit the ability of providers to offer must comply with the same consumer-
service offerings to maximize the EBB upgrades on top of such existing service protection requirements that apply to
Program’s benefits for enrolled offerings to consumers. The the corresponding services that they
households. Additionally, the Commission agrees and finds that offered on or before December 1, 2020.
Commission clarifies that the CAA’s participating providers may offer free Thus, providers must disclose accurate
application of the emergency broadband enhancements of service quality information regarding the performance
benefit as a discount off of the monthly elements of a discount-eligible internet characteristics, commercial terms, and
retail rate charged to the subscriber service offerings but may not increase other features of their discounted
means that service plans that are already the price charged for that offering. The broadband services to enable consumers
offered with no fee to the end user—for Commission believes the December 1, to make informed choices regarding the
example, as a result of Lifeline program 2020 restriction is best understood as a purchase and use of such services.
support or other benefit programs—are method of avoiding arbitrage 69. Some commenters also suggested
not eligible for additional or duplicative opportunities and waste in the EBB that participating providers should offer
support from the EBB Program. At the Program by allowing unscrupulous services that meet the Commission’s
same time, the CAA does permit plans providers to take advantage of the definition of broadband at 25/3 Mbps or
where the end result is no fee being increased subsidy available. By referring encourage the Commission to require
assessed on the household after the to offerings that were available prior to high-capacity, affordable broadband
application of the monthly benefit. the enactment of the law, the CAA service. Given the emergency nature of
66. Some parties asked that the prevents participating providers from the EBB Program and the vital need to
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Commission require participating increasing prices above the usual market maximize consumer choice and benefits
providers to make the emergency rate for their services for the purpose of in a short timeframe, the Commission
broadband benefit available on all of claiming the maximum reimbursement was not persuaded by such arguments.
their service offerings. On balance, the amount. Interpreting that restriction to By administering the program within
Commission believes that dictating the also restrict the ability of participating the definition of ‘‘internet service
required offerings in a temporary providers to offer free upgrades to the offering,’’ and permitting non-ETCs to
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19546 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
participate, the Commission obviates bundled broadband service offerings, may be up to $75 per month. In the
the need for lengthy service obligations the Commission finds if such bundled Public Notice, DA 21–6, the WCB also
and the risk of slow speeds and service options were offered ‘‘in the sought comment on how to define
maintain consumer choice—allowing same manner, and on the same terms’’ associated equipment and whether that
consumers to select offerings that work on December 1, 2020, participating undefined term should include, for
best for their household—as well as providers should be able to apply the example, the monthly rental costs for
permit participating providers to serve monthly discount of up to $50 per modems and/or routers that are offered
eligible households as quickly as month, or up to $75 for Tribal lands, to as part and parcel of an internet service
possible during the emergency period. the entire bundled service. The offering. The record overwhelmingly
The Commission further declines to Commission draws this conclusion from supported including modems, routers,
apply the Lifeline program’s minimum record support that viewed such and hotspot devices and antennas, if
service standards to covered services for offerings as enhancing flexibility offered as monthly rental costs or part
the EBB Program. The Commission between participating providers and and parcel of an internet service offering
recognizes that some commenters consumers. Also, the Commission draws as eligible for the EBB Program monthly
encouraged it to use Lifeline’s minimum from its experience with the Lifeline discount as of December 1, 2020.
service standards or the Lifeline program that participating providers in Combined with record support and
program itself as a starting point. the EBB Program, including ETCs that recognizing that the CAA does not
Indeed, the Commission understands are already adept at applying such a specifically define or identify any
that low-income consumers must have discount in the Lifeline program to associated equipment as it relates to any
access to reliable broadband bundled services, offer bundled service particular broadband service, the
connections vital for basic education, offerings to address consumer demands Commission finds that associated
health care, remote work, disability outside of any Commission regulation. equipment includes equipment
access and public safety, but the CAA In contrast to the record support for necessary for the transmission functions
does not indicate Congressional intent permitting EBB Program reimbursement of internet service offerings supported
that the Commission applies Lifeline’s for broadband bundled services that through the EBB Program which
minimum service standards for the EBB include voice and/or text messaging, households may choose to receive.
Program. The Commission is supported there was not similar support for
Commenters support the Commission’s
in this decision by the measures permitting reimbursement for the full
conclusion by encouraging the
adopted that clarify that participation in price of broadband bundled services
Commission to define the scope of
the EBB Program does not preclude the that include video service. The
eligible associated equipment ‘‘in a
same household from participating in Commission finds that permitting EBB
technology-neutral manner’’ to
the Lifeline program or other aid Program reimbursement for the full
accommodate household choice and the
programs offered at the state and local price of a bundle that includes video
different types of broadband networks.
level as long as participants meet the service is not contemplated by the
The Commission agrees that a
requirements for such programs. Even statute and was not necessary to ensure
technology-neutral approach is
though the EBB Program is an that consumers in the EBB Program
emergency, temporary program, it will have robust service choices, and the appropriate as long as it meets the
operate concurrently with Universal Commission therefore does not permit requirements of the CAA. However, the
Service Fund programs and other support for such bundles with video Commission declines to include Wi-Fi
existing programs at the state and local service. extenders or repeaters as associated
levels so eligible consumers can choose 72. The Commission finds that the equipment or any other customer
a broadband connection that meets their CAA’s requirement that the service premises equipment that enhances or
connectivity needs. offerings be offered ‘‘in the same extends a broadband signal beyond a
70. The Commission, however, manner’’ as they were on December 1, participating provider’s internet service
anticipates that providers that elect to 2020, authorized the Commission to offering. First, any associated equipment
participate in the EBB Program that are support both standalone broadband that enhances or extends a broadband
already designated as ETCs through service offerings and broadband service signal from its existing coverage area as
their participation in other Universal offerings bundled with voice, text outlined in the participating provider’s
Service Fund programs, particularly the messaging, and/or associated internet service offering would not be
Lifeline program, will draw from that equipment. For many fixed and mobile offered ‘‘in the same manner, and on the
experience and offer similar or internet service offerings, it is common same terms’’ as defined in the CAA.
upgraded broadband services. In the to offer broadband service as part of a Second, these types of devices are
EBB Program, the Commission bundle without separating out the price typically sold as add-on options to a
anticipates that existing ETCs will of the broadband component and its broadband connection or sold separately
continue to offer quality and innovative associated equipment. By permitting through major manufacturers and are
services, and encouraged other participating providers to offer therefore not offered as part and parcel
broadband providers (non-ETCs) to offer broadband in those same bundles in the of an internet service offering.
service standards that promote robust EBB Program, the Commission permits Accordingly, Congress does not clearly
broadband access to vital services. providers to make available internet allow the Commission to include these
71. Bundled Service Offerings. The service offerings ‘‘in the same manner’’ devices, and if it had intended to do so,
Commission also recognizes that as they were on December 1, 2020. it would have included such devices in
participating providers in the EBB 73. Associated Equipment and Other its definition of ‘‘connected devices.’’
Program may offer qualifying broadband Customer Premises Equipment. The The Commission also notes that the
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service combined with other services, CAA requires participating providers to ‘‘associated equipment’’ discussed in
otherwise known as bundled service make available to eligible households a this paragraph must be billed monthly
offerings (e.g., voice, data, texting, monthly discount off the rate for an on the same terms and same manner as
associated equipment). While the CAA internet service offering and associated it would have been in an offering
does not explicitly direct the equipment, up to $50.00 per month, and available on December 1, 2020. The
Commission regarding how to handle on Tribal lands, the monthly discount price for such associated equipment
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19547
cannot be frontloaded. For example, if a software, commenters expressed caution able to support video conferencing and
provider has a $30 monthly service that tablets may require more specific camera functionality and online
offering and would have offered a service standards or a broad learning software. Recognizing however
modem for a monthly rental of $5 for a interpretation. Taking into that the ongoing COVID–19 pandemic
total monthly fee of $35, the provider consideration the record, and the has compounded challenges for
cannot front-load the monthly rental fee narrow and specific language in the numerous households to maintain
and charge $20 for four months of a CAA’s definition of a connected device, broadband services, the Commission
modem rental in the first month in order the Commission is unable to expand the finds that setting minimum system
to maximize reimbursement up to the definition of connected device and requirements for connected devices
$50 monthly discount allowed. concluded that the EBB Program will could limit consumer choice and
74. Connected Devices. The CAA provide reimbursement for any exacerbate barriers to broadband service
clearly and narrowly defines a connected device, defined as ‘‘a laptop that may have existed prior to COVID–
‘‘connected device’’ eligible for a or desktop computer or tablet.’’ 19. While some commenters suggested
separate, one-time reimbursement as ‘‘a 76. The Commission next clarifies specific standards the Commission
laptop or desktop computer or tablet.’’ that participating providers may only should adopt for connected devices, the
In the Public Notice, DA 21–6, the receive a single reimbursement of up to Commission declines to adopt such
Commission sought comment on $100 for one connected device per standards and instead encourage
whether the Commission should household, and the eligible household participating providers and interested
provide any further clarity regarding must contribute towards the cost of the stakeholders to explore other
connected devices that are eligible for connected device at least $10 but no opportunities, including partnering with
reimbursement. The CAA does not leave more than $50. The Public Notice, DA school districts and state and local
room for a broad interpretation of 21–6, sought comment on whether programs that may provide funding or
‘‘connected device.’’ Congress explicitly eligible households should be able to other avenues for access to end-user
declined to include mobile phones in its receive more than one connected device devices and equipment due to the
definition, and thus the Commission through the EBB Program, for example, COVID–19 pandemic. The Commission
finds that the definition of a tablet does if the household changes providers. The also expects that connected devices be
not include devices that can Consolidated Appropriations Act accessible to and usable by people with
independently make cellular calls such provides that a participating provider disabilities.
as large phones or phablets. may receive reimbursement for no more 78. Benefits for Households on Tribal
75. Various commenters urge the than one connected device per eligible Lands. The CAA also provides a
Commission to fund additional end-user household, but it is silent as to whether discount up to $75 for internet service
devices outside the scope of the CAA, households may receive the connected offerings to eligible households on
including mobile phones (i.e., device reimbursement benefit from Tribal Lands. The Commission finds
smartphones) and portable Wi-Fi hot more than one provider. Although some that it was vital to utilize the EBB
spots arguing that these devices are commenters suggested that eligible Program in an efficient way to help
capable of supporting video households should receive more than provide more households on Tribal
conferencing platforms and other one connected device, the Commission lands with affordable, reliable
software, and limiting such devices finds no legal basis to do so. In order to connectivity. The Commission adopts
could ‘‘impose more financial burdens preserve limited funds, ensure that its proposal in the Public Notice, DA
to a student.’’ CTIA, for example, benefits reach the greatest number of 21–6, to use the same definition of
explained that ‘‘mobile devices from the eligible households, and avoid wasteful Tribal lands as used in the Lifeline
4G era or later should qualify as ‘tablets’ spending, the Commission finds that program, including certain lands near
under the definition’’ while ‘‘mobile households are limited to a single the Navajo Nation treated as Tribal
phones, including feature phones and connected device during the EBB lands. The Commission also allows
smartphones from the 3G era or earlier, Program for which a provider seeks members of households on Tribal lands
should not qualify as ‘‘tablets.’’ T- reimbursement. The Commission takes to use their participation in the same
Mobile explained ‘‘that certain mobile this position in order to maintain the Tribal programs permitted under the
phones that provide similar integrity of the EBB Program—ensuring Lifeline program to qualify for the EBB
functionality as a basic tablet’’ should that reimbursements, and the Program, in addition to other permitted
be considered a ‘‘connected device.’’ subsequent disbursements, for a means of qualifying. The Commission
TDI et al. proposed that devices that connected device are only processed for also adopts its proposal to use the
enable Video Relay Service or internet valid claims that comply with the CAA. processes USAC has in place for
Protocol Captioned Telephone Service 77. Minimum System Requirements identifying the location of a household
should be eligible for reimbursement. for Connected Devices. In the Public residence.
Conversely, other commenters Notice, DA 21–6, the WCB sought 79. Many commenters supported the
supported the exclusion of mobile comment on whether the Commission Commission’s proposal to use the
phones, with one commenter opposing should impose minimum system Lifeline program’s definition of Tribal
the inclusion of tablets, as a connected requirements for connected devices lands as well as existing USAC
device. Common Sense Media, in its supported by the EBB Program. The processes for verifying eligibility of
comments, excludes cell phones from Commission adopts its proposal that a households on Tribal lands. The
its research-based list of requirements connected device supported by the EBB Commission finds this to be the best and
for a robust learning experience, Program should be expected to support most efficient approach for households
explaining that ‘‘students and teachers video conferencing platforms and other and participating providers in the EBB
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need laptops or tablets capable of software essential to ensure full Program because it will continue to help
meeting the distance learning participation in online learning, should the Commission quickly address
requirements of their curriculum.’’ The be Wi-Fi enabled, and have video and existing impediments to connectivity on
record also indicated that, while tablets camera functions. The record Tribal lands and allow providers to offer
are capable of supporting video overwhelmingly supported that, at a EBB Program benefits to a wide-range of
conferencing platforms and other minimum, connected devices must be households that will, in turn, increase
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19548 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
the number of subscribers of broadband Congress allocated that a portion of the Commission adopts the proposal in the
internet access service. The Commission Fund be used for the administration of Public Notice, DA 21–6, to use USAC’s
therefore declines to use any other the EBB Program, the primary purpose Lifeline Claims System to reimburse
definitions suggested by commenters of the Fund is to provide support for the providers for the provision of covered
that would expand upon the established households enrolled in the program. To devices, services and associated
definitions in the Commission Lifeline that end, the Commission directs USAC, equipment to eligible households. The
rules and would accordingly prevent in coordination with the OMD, to re- Lifeline Claims System is the online
USAC from using the existing Lifeline evaluate no later than three months after filing system hosted by USAC that
informational tools to identify whether the start of the EBB Program to service providers use to submit claims
an applicant resides on Tribal lands. determine if there are any of its for reimbursement for service they
80. With respect to other administrative funds that can be used to provide to Lifeline customers. In the
accommodations to ensure eligible fund reimbursements for service and Lifeline program, providers are required
households on Tribal lands are able to connected device claims. Moreover, the to submit a reimbursement request
participate in the EBB Program, some Commission directs USAC to continue through the Lifeline Claims System
commenters encouraged a flexible to regularly report to the OMD its based on the number of subscribers
approach that would use additional projected budget for its administration enrolled in the NLAD on a specific date
methods other than USAC databases of the EBB Program. Based on USAC’s each month, called a snapshot date.
(i.e., National Verifier, NLAD) to verify initial estimates provided to the OMD, Providers are instructed to review the
addresses. The Commission disagrees USAC’s EBB Program administrative snapshot report from NLAD for all of the
with such an approach and finds that costs will be under the 2 percent cap, provider’s households in NLAD as of
USAC’s databases, especially its which includes costs associated with that date, validate the households for
mapping tool in the National Verifier, business process outsourcing, project which they wish to seek reimbursement,
offered a sufficiently comprehensive management, IT professional fees, and or indicate a reason for not claiming
process for identifying residences on call center activities. Pursuant to the reimbursement for other households on
Tribal lands for the EBB Program. terms of the Memorandum of the report, and review, correct, and
Additionally, USAC provides multiple Understanding between USAC and the certify the requested reimbursement
other methods for applicants and Commission, USAC and the amount. The Commission employs the
providers to submit residential location Commission will not incur same process for reimbursing providers
data to confirm whether an applicant administrative costs beyond the $64 in the EBB Program. The Commission
resides on Tribal lands. Expanding or million cap. directs USAC to make the Lifeline
otherwise modifying the USAC systems 82. The emergency nature of the EBB Claims System available to EBB Program
to accommodate new methods would Program requires a prompt processing of providers, once they are approved to
also require additional time. To claims that ensures participating participate in the program, subject to
facilitate timely and efficient processing providers, including those who USAC system access requirements.
of participating providers and eligible currently have no relationship with 84. Commenters generally support the
households on Tribal lands, the USAC, receive reimbursement for valid WCB’s proposal to use the Lifeline
Commission finds the benefits of using claims for services and connected Claims System for managing
USAC’s existing mapping tool and other devices provided to eligible households. reimbursements, stating that the use of
address verification methods far To ensure that there is a mechanism for an existing USAC platform will avoid
outweighs commenters’ concerns to this disbursing funds to providers that unnecessary delays that would result
action and also eliminates time- balances the need to guard against from developing a new reimbursement
consuming or wasteful administrative waste, fraud, and abuse in the EBB platform for use in the EBB Program.
processes. The Commission directs Program with the need to reimburse Some noted the importance of issuing
USAC to make available its existing valid claims quickly and efficiently, the reimbursements quickly, particularly for
comprehensive address verification Commission adopts the following smaller providers that may find it
methods to applicants and providers in requirements for the reimbursement financially difficult to wait months for
the EBB Program, including providers process. reimbursement. The Information
using their own alternative verification 83. Lifeline Claims System. The Technology and Innovation Foundation
process pursuant to the CAA. Commission recognizes the importance (ITIF) contends that using the Lifeline
81. Budget and Reimbursement— of using existing, functional systems Claims System for managing
Emergency Broadband Connectivity such as the NLAD and the Lifeline reimbursements will ‘‘expedite[ ]
Fund and Reimbursement for the Claims System to ensure that EBB financial recovery by providers to
Emergency Broadband Benefit. The EBB Program providers can submit timely ensure stability while also leveraging a
Program is funded through the $3.2 reimbursement claims yet are not tested, already established system with
billion Emergency Broadband claiming support for the same Lifeline.’’ Other commenters, such as
Connectivity Fund in the CAA, and household. The NLAD plays a vital role the National Consumer Law Center and
does not rely on contributions to the in ensuring that providers can only the United Church of Christ OC, Inc.
Universal Service Fund. The CAA claim subscribers enrolled in NLAD on (NCLC and UCC) noted that using the
further provides that no more than 2% the first of each month and the Lifeline Claims System will provide
of the Emergency Broadband information captured in NLAD serves as integrity to the EBB Program by helping
Connectivity Fund (Fund) or $64 the basis for claims in the Lifeline to ensure that the funds are directed to
million is to be used for the Claims System. As with Lifeline, the providers and consumers for eligible
administration of the EBB Program, and Commission requires providers in the services and connected devices.
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funding for the EBB Program will EBB Program to transmit to the NLAD 85. Uniform snapshot date. The
remain available until the Fund is the required information necessary to disbursement of EBB Program claims
expended or six months after the end of uniquely identify households. To help will be based on the number of Program
the Emergency Period as defined in the maintain the integrity of the EBB subscribers enrolled with a provider in
CAA, whichever comes first. The Program and to facilitate efficient the NLAD as of the first of each month.
Commission recognizes that while processing of reimbursement claims, the The first of the month will serve as the
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19549
uniform snapshot date. When processes would further complicate the Connectivity Fund is not more than the
establishing the uniform snapshot date EBB Program and lead to confusion standard rate, and that each eligible
for Lifeline, the Commission finds that among providers who are not familiar household for which the provider is
the practice would (1) reduce the risk with existing Lifeline processes, seeking reimbursement for providing
that the EBB Program would reimburse particularly in opt-out states. This internet service has not or will not be
multiple providers for serving the same uniform approach and program-wide charged (1) for that offering if the
customer in a month; (2) assist with the reliance on the NLAD for the generation standard rate for that offering is less
adoption of uniform audit procedures; of the snapshot report is important in than or equal to the amount of the EBB
and (3) aid in the calculation of support facilitating the swift processing of Program benefit for that household; or
based on the number of subscribers that reimbursement claims. (2) more for that offering than the
a service provider has listed in NLAD. 87. Certification requirements. To difference between the standard rate for
Commenters also recognized the value submit their reimbursement claims for that offering and the amount of the EBB
of establishing a uniform snapshot date broadband internet access service Program benefit for that household. The
for use in the EBB Program. For provided to eligible households, the provider is also required to certify that
example, T-Mobile stated that applying Commission requires participating each eligible household for which it is
the uniform snapshot date will simplify providers to review their snapshot seeking reimbursement will not be
the enrollment and reimbursement report and validate the eligible required to pay an early termination fee,
process in the EBB Program as it households for which they are was not after December 27, 2020, subject
currently does for Lifeline. The requesting reimbursement. The provider to a mandatory waiting period for the
Commission agrees that the uniform shall confirm that the reimbursement covered broadband internet service, and
snapshot date brings efficiencies to the amount matches the amount of the will otherwise be subject to the
reimbursement process by restricting monthly service or connected device for provider’s generally applicable terms
support to those eligible subscribers that which the participating provider is and conditions as they are applied to
are enrolled in NLAD on the first of permitted to seek reimbursement and other customers. Moreover, providers
each month and removing any make any corrections to the amount as are required to certify that each
uncertainty that would come with a necessary. The Commission also household for which they are seeking a
requirement for providers to claim requires providers to review the reimbursement for a connected device
subscribers on a pro-rata basis in the snapshot report and to confirm that has been charged more than $10 and
event households receive service for less households receiving a fully subsidized less than $50 for the connected device.
than the full month. On the other hand, service have used the service during the Finally, for providers that are claiming
employing a method that allows for relevant period. If a household has not households that they determined to be
partial claims would be cumbersome to used their service during the relevant eligible to enroll in the EBB Program
administer and would make it difficult period, then the provider shall not through the alternative verification
for USAC to track disbursements from submit a reimbursement claim for process, providers must provide a
the Emergency Broadband Connectivity service provided to that household until description of that verification process
Fund. The Commission finds it most the service is used and the non-usage is and certify that the process was
efficient to require providers to claim cured. To add more accountability and designed to avoid waste, fraud, and
subscribers that are enrolled in NLAD as to help ensure that only service that abuse and has been approved by the
subscribers are using is funded through Commission as required by section III(B)
of the first of the month regardless of
the EBB Program, the Commission
how many days in the month the of the RO.
requires that providers certify that their
provider was providing service to the 89. The Public Notice, DA 21–6,
EBB Program service claims for
subscriber. proposed that these certifications
reimbursement meet the usage
86. Program-wide use of NLAD for requirements. To ensure that the accompany each reimbursement claim,
reimbursements. The Commission also Program is supporting broadband in addition to an annual certification
establishes that NLAD will be used as a service that is actually being used, the submitted by participating providers.
tool for reimbursement calculations and Commission will not permit providers Commenters did not object to this
duplicate checks in all states, territories to seek reimbursement for a service certification, although some asked for
and the District of Columbia, regardless month in which a household did not additional certifications while others
of a state’s NLAD opt-out status for meet the usage requirements, even if the requested that the Commission not
purposes of the Lifeline Program. household meets the usage requirements require certifications beyond those
Uniformity in the ways providers in subsequent months. listed in the CAA. The Commission
interact with the Lifeline Claims System 88. Additionally, the Commission finds that certifications, along with the
and other USAC systems is essential in requires providers to make the possibility of audits, are a vital tool for
ensuring that the EBB Program operates certifications, including those set forth managing waste, fraud, and abuse.
efficiently, which is a priority given the in the CAA when submitting a While the certifications required by the
emergency and temporary nature of the reimbursement claim. The CAA requires CAA address many of the Program
Program. Asking USAC to develop and that in order to receive reimbursement requirements, the Commission finds
administer different reimbursement from the Emergency Broadband that additional certifications are
processes for different states would Connectivity Fund, the providers shall necessary to ensure compliance with
delay the implementation of this make several certifications regarding the Commission’s requirements that it finds
emergency program and potentially accuracy of their claims, compliance essential to help guard against waste,
burden state administrators. Moreover, with the requirements of the EBB fraud, and abuse in the EBB Program.
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the Commission recognizes the need for Program and various consumer Accordingly, the Commission directs
non-ETC providers to quickly become protection-related provisions. USAC to make any adjustments
familiar with the reimbursement process Specifically, the CAA requires that necessary to the Lifeline Claims System
to ensure that claims are made correctly providers certify that the amount for to ensure that providers are prompted to
and to reduce the need for revisions. which they are seeking reimbursement certify that their reimbursement claims
Having multiple reimbursement from the Emergency Broadband meet the usage requirements and to
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19550 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
certify the statements included in 92. Some commenters agreed with the efficiently, and so providers can receive
section 904(b)(6) of the CAA. The proposal in the Public Notice, DA 21– timely reimbursement for the discount
Commission further directs USAC, in 6, to require providers to certify that the they provide to households, the
coordination with the WCB, to develop household receiving the device is an Commission established a limited time
an annual certification for all EBB Program beneficiary and that the period during which providers can
participating providers and a process for household has been charged the submit reimbursement claims. The
its submission. As discussed in the required co-pay for the device. To help process for submitting a reimbursement
following, the Commission also adopts make the Emergency Broadband claim will largely track the process in
additional certifications to accompany Connectivity Fund last as long as the Lifeline program, where a snapshot
reimbursement claims for connected possible, Public Knowledge urged the report of a provider’s enrolled
devices distributed through the EBB Commission to require providers to subscribers as of the first of the month
Program. prove the retail value of the connected is sent to the provider. Providers will
90. As well-established in the record, device to ensure that the provider is not then have until the 15th of each month,
the Emergency Broadband Connectivity receiving a reimbursement that exceeds or the following business day in the
Fund has limited funding and the the value of the device. The event the 15th falls on a weekend or
Commission must make every effort to Commission acknowledges the need to holiday, in which to submit to USAC
ensure that the Commission maximizes balance speedy and efficient processing their reimbursement claims for both
the use of these funds to serve as many of reimbursement claims with the need service and connected device support
eligible households as possible, to protect the integrity of the EBB for households captured on the
including responsibly leveraging EBB Program by ensuring the snapshot report. For those providers
Program funding with other sources of reimbursements are only processed for seeking to have their reimbursement
support. To that end the Commission valid claims that comply with the claim processed quicker, they must
requires participating providers that are requirements of this Order. To that end, review and certify their reimbursement
applying both the Lifeline discount and to ensure the quick reimbursement of claims sooner, as established by USAC.
the Emergency Broadband Benefit to a valid claims for connected devices, 94. The record was clear that there is
household’s supported broadband USAC will not be required collect and universal support for accurate and
service to apply the full Lifeline review documentation before processing timely reporting of reimbursement
a reimbursement claim. Instead, the information so that providers and the
discount first before calculating the
Commission requires providers, under public can make informed decisions
reimbursement amount claimed under
penalty of perjury, to certify that the regarding their participation in the EBB
the EBB Program. This approach
connected device meets the Program. Providers can help the
responsibly stewards limited EBB
Commission’s requirements, that the Commission ensure that USAC is
Program funding where Lifeline support
reimbursement claim amount reflects collecting nearly real-time claims
is available and is consistent with the
the market value of the device, that the information by submitting their accurate
requirements of § 54.403(b) of the
household has been charged a reimbursement claims as soon as
Commission’s rules regarding the
compliant co-pay amount, and that the possible and within that 15-day period.
application of the Lifeline support
connected device has been delivered to Moreover, given the importance of the
amount. projection of the program’s end date as
91. Reimbursement for Connected the household. Providers are instructed
it relates to the smooth administration
Devices. EBB Program providers can to retain any materials that document
of the end of the EBB Program, the
also seek up to $100 reimbursement for compliance with these requirements,
Commission trusts that providers will
a connected device provided to a including the device type (e.g., laptop,
do their part in ensuring that USAC has
household satisfying the requirements tablet, mobile hotspot, modem, gateway,
reimbursement claims information as
set forth in the RO and as long as the router, antenna, receiver, or satellite
soon as possible. The Commission also
household has been charged more than dish) and device make and model. The
believes providers will be motivated to
$10 but less than $50 for the device. To Commission finds that requiring
receive reimbursements as soon as
facilitate the efficient review and certifications under penalty of perjury
possible. To that end, to ensure the
processing of reimbursement claims for along with the possibility of an audit
timely filing of reimbursement claims so
connected devices, the Commission will help to encourage compliance with that USAC’s projections are reliable and
directs USAC to modify the Lifeline EBB Program requirements and reduce based on current activity in the EBB
Claims System to manage these claims. the incidence of improper payments. Program, the Commission finds it
Because the Consolidated 93. Timing of Reimbursement Claims. necessary to restrict the processing of
Appropriations Act limits the connected The EBB Program is a limited duration reimbursement claims to those
device reimbursement to providers who program with limited funds, and it is submitted by the deadline set for each
are providing the EBB Program benefit important that the Commission is able month—either the 15th of that month or
to the household, the Commission to project accurately when those funds the following business day in the event
requires that claims for connected will run out. To this end, USAC must that the 15th falls on a holiday or
devices must be made concurrent with have actual reimbursement claims weekend. Reimbursement claims
or after the provider’s first information from providers as soon as submitted after that deadline will not be
reimbursement claim for service for that possible after each service month. USAC processed. Therefore, providers are
household. To ensure that a household will use this claims information for strongly encouraged to submit their
does not receive more than one reporting the disbursement information claims as soon as possible.
connected device for which a provider to the public and for creating a forecast 95. To further support the
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has received reimbursement from the for the projected final month of the EBB Commission effort to track
EBB Program, providers are also Program, both of which are discussed in disbursements and to provide a
required to confirm in NLAD that no the following. To ensure that this claims projection for the depletion of the Fund
reimbursement claim for a connected information is submitted to USAC by that is based on the most accurate and
device has been made for that providers in a timely manner so that it up-to-date household and disbursement
household. can be used to administer the program information, the Commission is
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19551
prohibiting providers from revising the terms of the MOU between the low-income consumers through the EBB
previously submitted claims associated Commission and USAC that authorizes Program. The Commission issues this
with the provision of EBB Program the use of USAC for the administration waiver to ensure that otherwise eligible
services and connected devices. The of the EBB Program, the Commission broadband providers are not
Commission expects that this limitation must authorize the payments from the discouraged from participating in the
will encourage providers to be Emergency Broadband Connectivity EBB Program for fear that a debt owed
especially cautious when reviewing Fund in the United States Treasury to to the Commission would prevent them
reimbursement claims prior to providers who have submitted valid from receiving reimbursement. To be
submission to ensure accuracy. claims for reimbursement. In the RO, clear, this waiver is limited only to
Moreover, preventing changes to prior the Commission describes steps to participation of providers in the EBB
disbursements will give the remove impediments to participation in Program and does not affect the
Commission, USAC, providers and the EBB Program for those providers Commission’s right or obligation to
households confidence in the reported that would otherwise be prohibited from collect any debt owed by an applicant
disbursement amounts. Providers are receiving reimbursements due to unpaid by any other means available to the
required to certify to the accuracy of debts to the Commission or which the Commission, including by referral to the
reimbursement claims and that the Commission has referred to the United Treasury for collection.
United States, the Commission, and States Department of the Treasury 101. Treasury Offset. The Treasury
USAC retain the right to pursue (Treasury). The Commission also has a number of collection tools,
recoveries as well as take enforcement provides guidance on the information including its offset program, known as
action for any claims improperly providers must be prepared to provide the Treasury Offset Program (TOP),
disbursed from the Fund. Additionally, to ensure timely payment of pursuant to which it collects delinquent
to help support USAC’s efforts to project reimbursement claims from the Fund. debts owed to Federal agencies and
the end of the EBB Program, the 98. Red Light Rule. The Commission states by individuals and entities, by
Commission sought participating finds that there is good cause to suspend offsetting those debts against Federal
providers’ cooperation and request that the Commission’s red light rule for the monies owed to the debtors. EBB
they transmit to NLAD the amount they EBB Program and that doing so will Program providers that owe past-due
intend to claim for service and serve the public interest. To implement debt to a Federal agency or a state may
connected device support for each the requirements of the Debt Collection have all or part of their EBB Program
household they enroll in NLAD. While Improvement Act of 1996, the payments offset by Treasury to satisfy
the reimbursement amount processed Commission establishes what is such debt. Prior to referral of its debt to
for the provider will be based on the commonly referred to as the ‘‘red light Treasury, a provider is notified of the
amount contained in the provider’s rule,’’ although the red light rule itself debt owed, including repayment
certified reimbursement claim is not a statutory requirement and instructions. If the referred debt of an
submitted through the Lifeline Claims therefore can be waived by the EBB Program participating provider
System, the information transmitted to Commission. Under the red light rule, remains outstanding at the time of a
NLAD will, in part, be relied upon for the Commission will not take action on payment from the EBB Program to that
calculating the EBB Program’s projected applications or other requests by an provider, the provider will be notified
end date. The Commission encourages entity that is finds to owe debts to the by Treasury that some or all of its EBB
providers to transmit a good faith Commission until full payment or Program payment has been offset to
estimate of the monthly support amount resolution of that debt. satisfy an outstanding Federal or state
for service and any device provided to 99. Generally, the Commission’s rules debt. EBB Program providers are
the household through the EBB Program may be waived for good cause shown. required to pass the EBB Program
within seven days of enrolling the The Commission may exercise its discount to the customer for the service
household in NLAD. discretion to waive a rule where the or connected device claimed even if
96. USAC training and support. particular facts make strict compliance Treasury offsets the payment for such
Finally, the Commission recognizes that inconsistent with the public interest. In service or device against debt owed by
the EBB Program will attract a variety of addition, the Commission may take into the provider. EBB Program providers
broadband providers, including those account considerations of hardship, that owe past due Federal or state debts
with no prior experience with USAC equity, or more effective are encouraged to resolve such debts
and its systems. To provide guidance on implementation of overall policy on an and in doing so, consult the TOP
the reimbursement claims process, the overall basis. Frequently Asked Questions for the
Commission directs USAC, subject to 100. The Commission finds that the Public, available at https://
the oversight of the OMD and the WCB, temporary nature of this emergency fiscal.treasury.gov/top/faqs-for-the-
to conduct extensive training, including program and the enduring disruption public.html, for delinquent debt that has
webinars, to distribute instructions, and caused by the COVID–19 pandemic been referred to Treasury, and for
otherwise to provide support to justify a waiver of the red light rule. In delinquent debt that the Commission
broadband providers considering order to encourage provider has not yet referred to Treasury, consult
participation in the EBB Program. The participation and facilitate consumer https:/www.fcc.gov/general/red-light-
Commission further directs USAC to choice in the EBB Program, the frequently-asked-questions.
ensure that interested providers are Commission finds that it is in the public 102. Additional Requirements. To be
given access, subject to system and interest and that good cause exists to eligible to receive disbursements from
USAC requirements, to the USAC waive the red light rule with respect to the Emergency Broadband Connectivity
systems essential for the management providers submitting otherwise valid Fund, providers must obtain and report
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and processing of reimbursement claims for reimbursement in the EBB an FCC Registration Number (FRN).
claims. Program. Allowing more providers to Persons or entities doing business with
97. Payment Administration. While participate in the EBB Program, even the Commission are required to obtain
USAC will be administering the EBB those who may be in red light status, is an FRN, a unique identifier that is
Program, as permitted under section a crucial step in expanding the obtained through the Commission
904(i)(5) of the CAA, and pursuant to broadband service options available to Registration System (CORES).
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19552 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
Participating providers are directed to work with the EBB Program provider to Given the anticipated limited duration
obtain an FRN if they do not already give it an opportunity to resolve its of the EBB Program, the Commission
have one and report it as directed by listing in the Do Not Pay system if the further agrees with commenters that
USAC or the Commission. provider can produce evidence that its clear and frequent updates on the
103. All entities that intend to provide listing in the Do Not Pay system should remaining funds available will help give
service through the EBB Program must be removed. However, the EBB Program participating providers the data they
also register with the System for Award provider will be responsible for working need to begin the process of providing
Management (SAM). SAM is a web- with the relevant agency to correct its notice to subscribers about the end of
based, government-wide application information before payment can be the benefit and preparing them for a
that collects, validates, stores, and made by the Commission. potential transition to other broadband
disseminates business information 105. Tracking and Reporting of options. The Commission will develop
about the Federal Government’s Available Funding. While the and publish online a tracker that, at a
partners in support of Federal awards, Commission considers carefully many minimum, displays (1) the number of
grants, and electronic payment of the details of the implementation of EBB Program households enrolled in
processes. Registration in the SAM the EBB Program, the amount of NLAD; (2) the number of net new
provides the Commission with an appropriated funds is finite and it must households enrolling into the EBB
authoritative source for information also prepare for a transition when funds Program each week; and (3) the total
necessary to provide funding to are exhausted. The CAA provides that dollar amount of the reimbursement
applicants and to ensure accurate the EBB Program will conclude upon claims approved to date, disaggregated
reporting pursuant to the Federal the earlier of six months after the end by monthly amounts for internet access
Funding Accountability and of the emergency period or when the service and associated equipment, as
Transparency Act of 2006, as amended amount in the Fund is exhausted. At the well as connected devices, with
by the Digital Accountability and conclusion of the EBB Program when historical data remaining so that the
Transparency Act of 2014 (collectively the discount is eliminated, participating public can monitor any trends in the
the Transparency Act or FFATA/DATA households will be subject to their disbursement rates between updates.
Act). Only those providers registered in provider’s ‘‘generally applicable terms The Commission directs USAC, subject
SAM will be able to receive and conditions.’’ The Commission to the oversight of the WCB and the
reimbursement from the Emergency agrees with commenters that the OMD, to develop this tracker and make
Broadband Connectivity Fund. EBB Emergency Broadband Connectivity it available on USAC’s website as well
Program providers that are already Fund may well be depleted before the as the Commission’s website. The
registered with SAM do not need to re- end of the emergency period, which posted information shall be updated at
register with that system in order to means that the benefit on which least every two weeks by USAC, with
receive payment from the Emergency households have been relying to afford the goal of weekly updates as the EBB
Broadband Connectivity Fund. broadband service may disappear while Program ramps up.
Broadband providers not yet registered the public health emergency is ongoing.
with SAM may still elect to participate To prepare providers and households 108. The Commission declines to
in the EBB Program, enroll eligible for the end of the program and the require that USAC post detailed
customers and receive program benefit, commenters stressed the information about EBB Program
commitments. Active SAM registration, importance of transparency regarding activities by geographic region, finding
however, is required for an eligible the financial state of the EBB Program that such information would not be
provider to receive a payment from the and have urged the Commission to track essential for informing providers and
EBB Program. Furthermore, and report disbursements from the the public about the status of the
participating providers may be subject program at frequent intervals so that the program, which is the Commission’s
to reporting requirements. To the extent public can anticipate the end of the more immediate goal. USAC should
that participating providers subaward program. focus its resources on what is necessary
the payments they receive from the EBB 106. Commenters recommended the to successfully administer the
Program, as defined by FFATA/DATA creation of a tracker that displays the implementation of the EBB Program and
Act regulations, providers may be number of enrollments and amounts of its wind-down. However, the
required to submit data on those disbursements made from the Commission agrees that more
subawards. Emergency Broadband Connectivity information about the communities the
104. Do Not Pay. Pursuant to the Fund. Some commenters suggested that EBB Program serves could help the
requirements of the Payment Integrity the tracker be updated either in real- Commission evaluate the success of this
Information Act of 2019 (PIIA), the time, or on a weekly or monthly basis. program and could inform future
Commission is required to ensure that a Commenters also urged the Commission broadband-related initiatives. Therefore,
thorough review of available databases to display disbursements and to be transparent about participation in
with relevant information on eligibility enrollment activity by different the EBB Program, the Commission
occurs to determine program or award geographic levels or by provider, and to directs USAC to submit a report to the
eligibility and prevent improper provide additional information about Commission that provides information
payments before the release of any the programs through which EBB about how households qualified for the
Federal funds. To meet this Program customers are qualifying. EBB Program, the claimed support
requirement, the Commission and Commenters argued that providers need amounts for connected devices and
USAC will make full use of the Do Not this information prepare their customers services, the geographic locations of
Pay system administered by the for the elimination of the benefit. consumers at the county level, and other
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Treasury’s Bureau of the Fiscal Service. 107. The Commission agrees that information that the WCB, in
If a check of the Do Not Pay system tracking and reporting on disbursement consultation with USAC, believes
results in a finding that an EBB Program and program enrollment activity will be would be essential for evaluating the
provider should not be paid, the an essential tool for managing the EBB program. This report shall be filed with
Commission will withhold issuing Program and for developing an informed the WCB no more than six months after
commitments and payments. USAC may forecast of the end of the EBB Program. the initiation of the EBB Program, with
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19553
updates submitted as necessary to into account the Commission systems as necessary to provide such
capture additional information about commitment that in the final month of notice just as they would need to in
the EBB Program and participating disbursements, the remaining balance in these other contexts.
households obtained after the the Fund will be able to provide at least 113. Second, in the event that
submission of the report. 50% of each claim for service or reimbursement claims in the final
109. Program Sunsetting. The connected devices to assist households month exceed the amount of remaining
Commission goal is to provide an and providers with the transition. Once funds, reimbursements for both service
informed projection of the exhaustion of USAC has identified when the Fund and connected device claims will be
funds for the EBB Program so USAC and will be depleted using submitted claims paid out on a reduced, pro-rata basis,
the Commission can effectively manage and other relevant information, USAC but in no circumstances will the
the disbursement of the remaining funds will notify providers and the public of reimbursement be less than 50% of the
and ample notice is provided to the expected exhaustion of the Fund provider’s claim for that final month.
households, providers and other and the month in which USAC expects For example, if the remaining balance in
stakeholders. The Commission is to pay out final claims. Administering the Fund is sufficient to pay 80% of
especially concerned about the this finite Fund presents administrative each reimbursement claim submitted in
elimination of the benefit and the challenges, particularly given that the that final month, the Fund will pay out
impact it could have on households, Commission is unable to predict at this 80% of each claim on a pro-rata basis,
including unexpected or larger bills, time the demand in the EBB Program thus depleting the Fund and ending the
and disruption or even termination of and the rate of at which households will EBB Program. In this scenario, a
the broadband service. Accordingly, the enroll in the program in the beginning provider can expect to receive a $40
Commission adopts procedures weeks of the program. Given these disbursement if they would otherwise
designed to ensure that households are challenges, the Commission has submit a service claim for $50, and the
informed that the program is temporary endeavors to provide at least 60 days’ subscriber would be responsible for
and the benefit will terminate at the end notice before the end of the Program. payment of the additional $10 for that
of the program, to provide notice to all This notice will be posted on the USAC service month. While the Commission
stakeholders of the forecasted end of the and Commission websites at least 60 took steps in the RO to ensure that
program, and to manage the program to days prior to the final snapshot date that USAC has the most up-to-date claims
ensure that the remaining funds are coincides with the forecasted final information available to support its
disbursed equally to providers and month of the Program. This notice projection analysis and to avoid a
allow for a transition for households off should be sufficient to allow providers scenario where the amount in the Fund
the EBB Program. to make an informed decision about will be insufficient to offer a
110. The first step in administering whether to plan to claim their EBB reimbursement of at least 50% on
the end of the EBB Program is to predict claims in that final month, the
Program subscribers in the final month
fund exhaustion based on enrollment Commission recognizes that in order to
and possibly receive a partial
activity, disbursement levels, and other responsibly manage the Fund, the
reimbursement claim for the service
relevant information. Commenters Commission must prepare for this
provided, or to transition those
argued that stakeholders will require scenario. In the final months of the EBB
subscribers off their service.
advanced notice of the end of the Program, after the end date has been
program, in addition to the EBB 112. Some commenters suggested 30 forecast, the Commission directs USAC
Program activity posted on a tracker, to days’ notice of the end of the program to continue to monitor Program activity
prepare their customer service would be adequate whereas others to determine whether the Fund will be
representatives, billing systems, and argued that 90 days are needed to able to support at least 50% of the
customers for the elimination of the ensure that providers have ample time claims, paid out on a pro-rata basis, in
subsidy. The Commission cannot to provide notice to their customers. the expected final month of the EBB
predict at this time when the Emergency CTIA suggested that providers have at Program. If USAC’s analysis indicates
Broadband Connectivity Fund will be least 60 days’ notice to wind down their that the Fund will not be able to meet
depleted, but as households enroll in participation in the EBB Program. The this 50% threshold, USAC shall
the EBB Program and providers begin to Commission finds that 60 days’ notice immediately notify the WCB, the Office
submit claims for reimbursement, the of the termination of the EBB Program of Economics and Analytics, and the
Commission anticipates a clearer strikes a balance between the need for Office of Managing Director. If
picture of the interest in the program USAC to have enough data to accurately Commission staff agrees with USAC’s
and the rate at which funds will be forecast the end of the program with the analysis, the WCB will direct USAC to
withdrawn. The Commission recognizes need to offer enough time for providers pause the reimbursement process for
that a greater understanding of the to notify their customers and work with that final month. For example, in the
timing of the end of the EBB Program them on a post-program broadband event that the remaining balance in the
and the procedures the Commission and solution. This is an emergency program Fund could only pay 30% of each
USAC will employ to manage the and as such, requires all stakeholders to anticipated claim for support, the Fund
remaining funds and reimbursement work expeditiously in ensuring that the will not issue any disbursements in that
claims will create greater confidence in Commission is serving low-income month. In that situation where the
the EBB Program and help households households and helping to meet their remaining funds cannot guarantee at
navigate the end of the subsidy. broadband needs during the pandemic. least a 50% disbursement on claims in
111. First, the Commission directs Moreover, the Commission finds that 60 that final month, the Commission will
USAC to develop a method, subject to days’ notice is reasonable given other determine how best to use the
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the oversight of the Office of Managing existing Commission requirements for remaining funds consistent with the
Director, the Office of Economics and service providers to notify their CAA.
Analytics, and the WCB, to forecast subscribers in advance of a possible 114. The Commission recognizes that
when the Fund will be able to pay out change or disruption in their service, uncertainty in the subsidy amount for
reimbursement claims only for another and the Commission expects that the final month presents challenges for
75 to 90 days. The forecast shall take providers will be able to adjust their households and for providers as they
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19554 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
manage their participation in the EBB in applying for the program given the of sign-up, about these factors.’’ Hughes
Program and as providers communicate provider-centric design of the EBB Network Systems agreed that providers
to households regarding expectations for Program. While the Commission must have a responsibility in notifying
the final month. By establishing a 50% understands these concerns, the subscribers at the time of enrollment
floor for the final month of Commission declines to set aside any that the program will end when the
reimbursement, the Commission portion of the funding for unconnected funds are depleted or when the
balances the compelling interest in households. The CAA does not include emergency period ends. To ensure that
avoiding extreme price increases for any prioritization for how funding customers are given notice at or before
eligible households while transitioning should be distributed to eligible initial enrollment that the EBB Program
households off the subsidy, with its households, and the Commission finds benefit provides a temporary discount
obligation to maximize the effectiveness that it is appropriate to provide the on their broadband service bill, that
of EBB Program funds by ensuring that benefit to eligible households without discount will not be applied to their
as much of the Fund supports services regard to their current level of bill, the Commission directs USAC, in
to the greatest number of low-income broadband service. Moreover, the consultation with the WCB, to publish
households. Reimbursing each claim on Commission expects the outreach efforts language describing the limited duration
a pro-rata basis in the final month of the discussed in the following would help of the benefit and the potential impact
program, regardless of the amount the unconnected households enroll in the on the customer’s bill at the end of the
provider would be entitled to, helps the EBB Program. program on USAC’s relevant consumer-
Commission fulfill that mandate. The 117. Because of the uncertainty in the facing websites, any USAC-provided
Commission recognizes the 50% floor reimbursement amount for the final application and the National Verifier,
could result in some funds being left month, once notice of the projected end and other educational materials.
unspent for a short while, and would date has been issued, the Commission 120. Providers also play an important
require additional Commission must limit volatility in the program role in ensuring that their customers are
direction on the use of the remaining claims that could materially change the informed about the temporary nature of
funds, but by implementing this projected end date. As a result, the the EBB Program. Providers will have a
approach it is ensuring that the final Commission will freeze enrollments of direct relationship with their customers,
month of the program provides a new households at the time the notice and as such, have a responsibility to
substantial subsidy to help households is issued. To more smoothly administer ensure that these customers have the
transition off the program. The the end of the program, providers and information they need to make an
Commission also anticipates that households must have confidence that informed decision about the broadband
USAC’s projections will provide enough the Fund can support claims made up service product they subscribe to
advance notice of this possibility to until the forecasted end date. The supported by the EBB Program.
allow both households and providers to Commission recognizes that this Accordingly, the Commission directs
plan accordingly. enrollment freeze will restrict access to USAC and providers to include on their
115. The Commission declines to the program for households wishing to EBB Program consumer applications a
adopt a policy suggested by commenters enroll in the program’s waning weeks, certification for the household to affirm
that would structure the subsidy so but the Commission notes that the EBB that they understand that the EBB
eligible households would receive the Program will operate without any cap Program is a temporary Federal
benefit for a determined time period. on the number of eligible households Government subsidy that reduces the
The Commission finds that such a that will be able to enroll before that customer’s broadband internet access
mechanism would restrict household time. The Commission finds that an service bill and at the conclusion of the
participation in the EBB Program in enrollment freeze at the end of the EBB Program, the household will be
order to guarantee benefits to a more program allows the Commission to serve subject to the provider’s undiscounted
limited number of households for the the greatest number of eligible low- general rates, terms, and conditions if
set period, and would also require income households while responsibly the household continues to subscribe to
USAC to deny enrollment to otherwise managing the remaining funds in the the service.
eligible households. Given its obligation final weeks of the program. Therefore, 121. The Commission also requires
to maximize the effectiveness of the EBB the Commission directs USAC, under providers to include information about
Program, the Commission finds it could the oversight of the OMD and the WCB, the limited duration of the Program and
not adopt a regime that would limit the to develop procedures for implementing the impact of its termination on any
low-income households benefitting from this enrollment freeze. EBB Program advertising materials,
this program. Maximizing the number of 118. Notice to consumers. In the including, but not limited to billing
households while guaranteeing at least Public Notice, DA 21–6, the WCB inserts; websites; flyers; television,
a 50% benefit in the final month acknowledged that customers will need radio, and newspaper advertising;
balanced the need to serve as many to be notified prior to or upon mailers; and posters. The Commission
households as possible while ensuring enrollment in the EBB Program of the directs providers to use their best
that households can rely on a temporary nature of the program and judgment in developing language that
substantial benefit in the final month of that they will be subject to the general will clearly communicate the duration
the EBB Program. terms and conditions of the broadband and impact of the program’s end to the
116. Relatedly, several commenters service they receive through the EBB prospective low-income households, but
suggested that the Commission reserve a Program if they continue to take that at a minimum that language should
portion of the funding for households service after the program’s conclusion. comply with the relevant EBB Program
that do not already have broadband 119. Commenters agreed that notice at rules the Commission adopts herein.
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service connections. Education Super the time of enrollment is essential Providers have an interest in
Highway noted that funding is unlikely especially given that no one can state communicating the terms of the
to meet the demand for the EBB with confidence at the outset how long Program clearly to their customers to
Program, and that those without a the program will last. Public Knowledge manage expectations and to preserve the
broadband connection may have a more stated that providers must be ‘‘fully relationship. It is important as both a
difficult path and be at a disadvantage transparent with consumers, at the time consumer protection measure and to
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19555
ensure that low-income consumers communication must also prominently administrative challenges. For example,
continue to have access to broadband and clearly set forth the rate that the the Commission cannot predict at this
services during this pandemic, that customer should be expected to pay, time how long the EBB Program will last
providers assist customers by including fees, taxes, and equipment and when a customer’s last month of
transitioning them to other available rental charges once the EBB Program EBB Program-discounted service will
products in the event that the ends and the benefit expires. Once be. The Commission commits to
broadband service plan they were USAC and the WCB announce a ensuring that the Commission is
subscribing to becomes unaffordable forecasted end of the EBB Program, the transparent about the enrollment and
after the EBB Program ends and the provider must provide notice to its disbursement activity in the EBB
benefit is eliminated. customer in a prominent manner on the Program. The Commission knows that
122. The Commission is persuaded by customer’s bill, or other monthly there is a connection between a
commenters’ arguments that customer communication if the benefit covers the household’s income level and whether
bills offer an opportunity to entire rate of the qualified plan, about they have a home broadband
communicate the limited duration of the the last date or service month that the connection, and EBB Program customers
EBB Program and the impact on the full benefit will apply to their bill, the will need a smooth transition to
monthly bill when the subsidy ends. last date or service month that the affordable broadband options at the
Commenters representing aging and partial, final-month benefit will apply to conclusion of the EBB Program if they
public housing advocacy groups their bill, and the expected rate of the wish to maintain broadband service.
recommended that providers submit broadband service once the benefit Commenters noted that it is vital that
notices on consumer bills that provides expires. consumers be transitioned to affordable
‘‘information on billing after the 124. The Commission recognizes that broadband services at the conclusion of
conclusion of the EBB Program, when providers will need some time to adjust the EBB Program. Ensuring that these
the first bill at a higher rate will be due, their billing and other systems in order households can continue accessing the
an explanation of any partial month to communicate the EBB Program end broadband they need to participate in
charges and information on any date to their customers. Therefore, virtual learning, complete their
additional resources.’’ The San providers should send this notice to homework, and communicate with
Francisco Department of Technology their customers as soon as practicable employers and healthcare providers will
contended that the temporary discount after the notice is posted on USAC and be a group effort. The Commission
should be clearly characterized as such the Commission websites, but no less encourages providers and community
on consumer bills, and the Benton than 15 days after the notice from USAC groups to communicate the availability
Institute for Broadband and Society and the Commission is posted. The of affordable broadband options,
urged the Commission to adopt Commission encourages providers to including any broadband adoption
requirements that providers be in clear send this notification to households initiatives in their communities.
communication with consumers about electronically, consistent with any
the end of the subsidy and the amount consumer expressed preferences for 126. The Commission also hopes that
of the monthly bill that a customer is receiving electronic notices and other providers consider ways in which they
responsible for. MMTC NUL communications and to the same email can financially support their customers
recommended that providers should or phone number that bills or other as the benefit ends and the households
inform customers that ‘‘they will be monthly communications are sent, in look to transition to comparable
eligible to transition to an alternative, addition to a mailed notice to ensure broadband services or continue with the
lower-priced broadband plan at the that customers have multiple same broadband service offered at a
conclusion of the emergency program, opportunities to receive information discounted rate subsidized by the
making clear the price, service levels, regarding the end of the EBB Program provider. The Commission also
and other terms and conditions that will and alternative broadband plans if it recognizes that requiring providers to
apply.’’ will be unaffordable without the benefit. directly subsidize a household’s
123. The Commission agrees that Commenters recognized that advance broadband service, either fully or
provider-supplied communication is notice to households is important so partially, once the Emergency
important and will help guard against they can make informed choices Broadband Connectivity Fund is
unexpected bill-shock and confusion regarding broadband service for their depleted would likely be considered to
throughout the EBB Program. Therefore, household. The Commission finds that be to an unfunded mandate. While the
the Commission requires providers providers are in the best position to Commission cannot and does not
participating in the EBB Program to explain to their customers what will require that providers offer a discount to
deliver at the time of enrollment and on happen to their bill once the benefit is households at that time, the
a monthly basis, either in the form of a exhausted. Commission hopes that providers are
monthly bill, or other monthly 125. Household transition to other able to identify the ways in which they
communication if the benefit covers the services or discounts. The Commission can use their experience with the EBB
entire rate of the qualified plan, to its recognizes that the end of the EBB Program and the Federal support they
EBB Program household, documentation Program means that households will received to help households continue to
that prominently and clearly states in need to evaluate available options to access high quality, low-cost broadband
easy to understand terms that the EBB determine how their household can service during the course of this public
Program is a temporary subsidy that continue to subscribe to broadband health emergency. At a minimum,
reduces the customer’s broadband services. Rather than limit participation providers with existing low-cost and
internet access service bill and at the in the program to a predetermined income restricted programs should not
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conclusion of the benefit, the customer number of customers, as some preclude EBB Program recipients from
will be subject to the provider’s general commenters suggest, the Commission enrolling in those programs based on
rates, terms, and conditions if the structures the EBB Program to ensure current or recent customer (for example,
customer continues to subscribe to that that it serves the greatest number of service within the last 90 days)
broadband service. This initial households possible. But this more eligibility restrictions. Consumers
disclosure, monthly bill or inclusive approach presents some previously in an existing low-cost
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19556 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
program and using the EBB Program the same households are protected from Commission recommends that provider
benefit to receive a higher tier of service unexpected bills related to their marketing materials describe in clear,
should be allowed to transition back to broadband services. easily-understandable language in, if
the low-cost offering at the conclusion 128. Promoting Awareness. The feasible, the dominant languages of the
of the benefit program. Commission recognizes that for the EBB communities that the provider serves:
127. Due to their relationship with Program to achieve its full potential and (1) The eligibility requirements for
their EBB Program customers, providers serve as many eligible households as consumer participation; (2) the
play an essential role in helping to possible during the COVID–19 monetary charges to the customer; (3)
protect households from bill shock and pandemic, low-income households must the available upload/download speeds,
to ensure that households understand be clearly informed of the program’s data caps, and connected devices, if
that they ‘‘shall be subject to a existence, benefits, eligibility any, with descriptions; (4) a provider
participating provider’s generally qualifications, and how to apply. customer service number, prominently
applicable terms and conditions’’ after Participating providers, some of whom displayed on all promotional materials,
the expiration of the EBB Program. may not have experience with the that is associated with an adequately
Therefore, the Commission requires that Lifeline program, USAC, and USAC’s staffed phone line; and (5) that the EBB
providers obtain an affirmative opt-in processes, will also require information Program is a temporary emergency
from households at any time while the both on how to participate in the EBB Federal Government benefit program
household is participating in the EBB Program and on how to educate operated by the FCC and, upon its
consumers. The record overwhelmingly conclusion, customers will be subject to
Program and before they can be charged
reflected the importance of publicizing the provider’s regular rates, terms, and
an amount higher than they would pay
the program to new and existing conditions.
under the full EBB Program
consumers through national and local
reimbursement amount permitted by the 130. The Commission declines to
campaigns that use diverse
Commission rules, including any mandate that providers engage in more
spokespeople and languages. For the
potential increased payment as a result prescriptive forms of EBB Program
EBB Program to reach as many eligible
of a partial reimbursement during the promotion. Instead, the Commission
consumers as possible, including
EBB Program’s final month. The grants providers the flexibility to
disconnected low-income consumers,
Commission agrees with commenters develop their own marketing plans. The
individuals with disabilities, and
that an opt-in from households will help Commission finds that providers are in
households of color, it is important to
guard against unexpected charges by implement a broad, collaborative the best position to understand how to
reducing the likelihood that households outreach, including the Federal market a new program to the
will receive broadband service absent Government, state, local, and Tribal communities they serve. However, the
the EBB Program benefit without their governments, broadband internet access Commission encourages participating
permission. To that end, consistent with providers, community groups, trade providers to consider and implement
the notice requirements the Commission associations, Tribal communities, some of the numerous consumer
adopts in the RO, with respect to philanthropists, educators, and other outreach strategies described in the
provider communications to trusted institutions. The record also record. For instance, many commenters
households, the provider shall clearly recognized the importance of educating urged providers to engage in outreach
state that it will stop providing participating providers on the EBB and partner with local government
broadband service to the household at Program. To this end, the Commission agencies, through institutions providing
the conclusion of the EBB Program encourages EBB Program participating basic needs to eligible populations, such
unless the household agrees to continue providers to engage in consumer as housing, food and transportation and
to receive broadband service. At least 30 marketing with basic requirements and healthcare, schools eligible for free or
days before the end of the EBB Program, encourage them to consider reduced lunch, school breakfast, and
the provider must also notify communications strategies proposed in E-Rate, libraries, and Tribal
households of the upcoming increase to the record. The Commission also directs organizations. The City of Seattle,
their monthly bills (or as soon as the Commission staff and USAC to Washington State Broadband Office,
practicable if there is a scenario in develop comprehensive provider Seattle Public Schools District and
which providers do not have 30 days’ education and training programs, as Seattle Housing Authority
notice prior to the expiration of the well as consumer outreach plans. recommended that providers without
program). The Commission encourages Finally, the Commission strongly retail locations where they serve
providers to ensure that households encourages other civic entities to low-income customers partner with a
have the opportunity to make an publicize the EBB Program to eligible commercial, nonprofit, or other
informed decision about the households. community organizations to offer
continuation of broadband service 129. The Commission next encourages site-based information about low-cost
absent the EBB Program benefit. EBB providers that file an election notice offers for low-income communities.
Program households that subscribed to with USAC to publicize the availability Additionally, some commenters,
the provider’s broadband service before of the EBB Program service in a manner recognizing that eligible households
the commencement of the EBB Program reasonably designed to reach those may not currently have access to
must also opt-in to the continuation of consumers likely to qualify and in a broadband, encouraged providers to use
broadband service. The Commission manner that is accessible to individuals a variety of media outlets that target
finds that requiring providers to obtain with disabilities. The record minority and low-income populations—
permission from households before overwhelmingly confirmed that including newspapers, television and
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continuing to provide broadband service participating providers should radio stations, billboards, and internet
after the end of the EBB Program is publicize, including in languages other advertisements—to promote the EBB
another tool that helps ensure that than English, the availability of the EBB Program through Public Service
households have the information they Program. To ensure that consumers Announcements and crawls that direct
need to make decisions about their receive comprehensive information listeners and viewers specifically to
broadband services and to ensure that explaining the EBB Program, the where they can find local information
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19557
on the program, learn which local organizations that serve EBB Program participating provider; (2) the amount of
providers are participating, and ways to eligible populations. The record funding made available from the EBB
contact those providers. Partnerships overwhelmingly supported such wide- Program to the provider; (3) the amount
with disability organizations and other ranging communications efforts. To help of funding determined to be an
entities that frequently provide internet ensure that households are aware of improper payment to the provider; (4) a
access and technical assistance to affordable broadband services for which description of to what extent funding
people with disabilities are further they may likely qualify, the Commission made available from the EBB Program
encouraged by other commenters to directs USAC to coordinate with state that was an improper payment was used
publicize the EBB Program. and Federal partners, and community for a reimbursement for a connected
131. The Commission also directs the support organizations such as food devise or a reimbursement for an
Consumer and Governmental Affairs banks to promote the availability of internet service offering; (5) whether, in
Bureau (CGB) to both to educate service Lifeline as a supplement to the EBB the case of a connected device, such
providers on the EBB Program and to Program or as an option when the device, or the value thereof, has been
engage in consumer outreach to the benefit is eliminated. Indeed, recovered; (6) whether any funding from
largest possible number of eligible commenters urged the Commission and the EBB Program was made available to
consumer participants. The Commission USAC to work closely with a participating provider for an
further directs CGB and the Office of congressional offices, coordinate with emergency broadband benefit for a
Native Affairs and Policy (ONAP) to other Federal agencies, state and local person outside the eligible household;
coordinate to develop educational and organization, Tribes, consumer-facing and (7) whether any funding from the
informational communications and agencies, trade associations, schools, EBB Program was made available to
materials to advertise the EBB Program, libraries, and hospitals that could assist reimburse a participating provider for
such as a web page and digital toolkit, with educating low-income consumers an emergency broadband benefit made
in a printable format and translated into about the program and the provider available to an eligible household in
other languages, that can easily be options that are available as a result. which all members of such household
accessed by service providers, The Commission strongly encourages necessary to satisfy the eligibility
organizations, and the public. The CGB, WCB, and USAC to incorporate requirements were deceased. Within
record demonstrated support for these recommendations into their one year of the date of the enactment of
Commission-developed marketing outreach efforts. the CAA, the Commission’s Office of
materials—including charts, posters, 133. Lastly, the Commission strongly Inspector General must conduct an
flyers and messaging—that providers encourages other Federal agencies, state audit of the disbursements made to a
and other organizations can customize and local governments, groups, and representative sample of participating
and share through email, social media broadband offices, youth groups and providers. The record generally
and other channels. The Commission organizations, schools and libraries to supported the use of audits to ensure
also supports the idea raised by promote the EBB Program to eligible compliance and accountability in the
commenters that to promote the EBB households. The Colorado EBB Program. Multiple commenters
Program, the Commission should work Communications and Utility Alliance urged the Commission to adopt audit
closely with, among others, (CCUA) emphasized that ‘‘local requirements similar to those
Congressional offices, other Federal governments have ability to promote the procedures used in the Lifeline program
agencies, state and local governments, EBBP through bill inserts, electronic ‘‘to ensure compliance and to prevent
community organizations, schools, and notification to customers, company
waste, fraud, and abuse,’’ and to focus
libraries. websites and social media.’’ The CCUA,
its audit and fraud-prevention efforts on
132. The Commission also directs as well as the National Association of
USAC to develop and implement a rule violations that occur at scale and
Telecommunications Officers and
communications strategy, under the that impact the largest number of
Advisors, pointed to the recent success
oversight of the WCB and CGB, to consumers.’’ Others contend that the
of local governments and community
provide training and information current Lifeline audit process requires
organizations to provide a wide range of
necessary to successfully participate in substantial reform or support a more
pandemic related information to
the EBB Program to service providers— simplified version of the process that
citizens. Similarly, the City of
both ETCs and non-ETCs, Tribal does not impede participation by
Longmont, Colorado reported that it
communities and organizations, ‘‘has an arsenal of tools at its disposal households and providers or have an
associations and consumer advocates, to promote the availability of the EBBP, adverse impact on customer privacy and
the E-Rate community, potential eligible and is prepared to utilize them to the data security. Commenters agreed that
consumers, and the public at large. The fullest extent.’’ Therefore, the participating providers should be
objective for the communications plan Commission agrees with commenters required to collect and retain
should be to ensure that both current that these entities that work with documentation sufficient to support
and new stakeholders can learn about program eligible populations would be compliance with any certifications and
and successfully participate in the EBB highly effective in raising awareness that such record keeping requirements
Program and ensure discounts on about the EBB Program. should be clearly defined.
broadband service and connected 134. Audits. The CAA requires the 135. The Commission agrees with the
devices are efficiently and effectively Commission to adopt audit commenters that it is imperative to
provided to eligible consumers. The requirements to ensure that require audits to confirm the integrity of
Commission anticipates that USAC’s participating providers are in the EBB Program and prevent fraud,
communications strategy will include a compliance with the program rules and waste, and abuse in the program. To that
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dedicated, regularly updated web page to prevent waste, fraud, and abuse in the end, the Commission delegates
and other outreach methods including EBB Program. A finding of waste, fraud, authority to the OMD to develop and
webinars, bulletins, email campaigns, or abuse or an improper payment implement an audit process of
and direct outreach to providers, identified by the Commission or the participating providers that complies
eligible consumers, Tribal communities, Inspector General of the Commission with all requirements in sections
schools, libraries, and other must include (1) the name of the 904(b)(7) and (8) of the CAA. OMD may
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19558 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
obtain the assistance of third parties, in addition to appropriate enforcement additional method for de-enrollment by
including but not limited to USAC, in penalties. The Commission finds that subscribers will assist in administering
carrying out this effort. Consistent with these enforcement mechanisms funds efficiently and provide further
the Commission experience regarding sufficiently balance the need for certainty to participants regarding their
the Universal Service Fund, the widespread participation in the EBB ability to transition out of this
Commission finds that audits are the Program with the importance of temporary program.
most effective way to ensure compliance maintaining the program’s integrity. 140. For de-enrollment for non-usage,
with the Commission rule requirements. 137. Application of Other Part 54 however, the Commission adopts a
136. Enforcement. The CAA provides Regulations. The Commission uses the modified requirement—as permitted by
that a violation of its section 904, which authority granted by the CAA to apply the CAA—to adapt to the unique
establishes the EBB Program, or any portions of 47 CFR part 54—pertaining circumstances provided by the
regulation promulgated under that to definitions, de-enrollment, program pandemic, the limited duration of the
section ‘‘shall be treated as a violation integrity, and the use of USAC—to the EBB Program, and the participation of
of the Communications Act of 1934 or EBB Program. non-ETC providers that may not have
138. Subpart E. Due to similarities already designed processes to comport
a regulation promulgated under such
between the programs and the use of with the specific Lifeline usage
Act.’’ The Commission is compelled to
certain USAC Lifeline systems to requirements. Accordingly, the
enforce this section and the associated
administer the EBB Program, the Commission requires that providers
regulations ‘‘in the same manner, by the
Commission elects to apply select submit a certification in their
same means, and with the same
portions of the regulations that control reimbursement claim that every
jurisdiction, powers, and duties as
the Lifeline program to the EBB subscriber claimed has used their
though all applicable terms and Program. Specifically, the Commission
provisions of the Communications act of supported service, as defined in
applies the following definitions in
1934 were incorporated into and made § 54.407(c)(2) of the Commission’s rules,
§ 54.400 of the Commission’s rules to
a part of this section.’’ In the Public at least once during the service month
the EBB Program, subject to the further
Notice, DA 21–6, the WCB sought being claimed. Providers must retain
interpretations expounded upon in the
comment on the authority of the documentation demonstrating the
RO: (f) Income; (g) duplicative support;
Commission to impose administrative subscriber monthly usage amounts to
(h) household; (i) National Lifeline
forfeitures and other penalties on support this certification. The
Accountability Database of Database; (j)
program participants found to be in Commission does not adopt for the EBB
Qualifying assistance program; (k)
violation of the program rules and Program the notice and de-enrollment
Direct service; (l) Broadband internet
requirements. The record largely process required in the Lifeline program
access service; (o) National Lifeline
supported the application of the Eligibility Verifier; and (p) Enrollment rules, but participating providers that
Commission’s existing enforcement representatives. Maintaining uniform fail to resolve non-usage by households
powers, including imposing definitions across the two programs will enrolled in the EBB Program will be
administrative forfeitures and other facilitate a quick launch and efficient unable to claim the program benefit for
penalties on participating providers that administration for the Commission, those households. This modification
violate the program rules and USAC, and participating providers. ensures that the limited funds provided
requirements, to protect the integrity of What is more, the Commission limits by the CAA will reach those whose
the EBB Program. The National Lifeline application of the Lifeline rules to those needs are greatest by protecting against
Association urged that ‘‘[a]ny proposed specifically enumerated in the Order to supporting unused service.
forfeitures under the [EBB Program] balance the need of ensuring that the 141. Additionally, the Commission
rules should be based on reasonable EBB Program has adequate guidelines adopts for the EBB Program a
recoveries for rule violations and three and parameters with the concern of modification of the subscriber eligibility
times the amount of harm to the [EBB chilling participation by providing a determination and certification found in
Program] (treble damages) for cases of complex framework that may be § 54.410 of the Commission’s rules, and
actual fraud.’’ T-Mobile argued that in unfamiliar to new providers or serve as require all participating providers to
order to avoid discouraging providers a bar to participation in this temporary implement policies and procedures for
from participating in the EBB Program, program. ensuring that their EBB Program
the Commission should not treat a 139. The Commission also elects to households are eligible to receive the
violation of its other rules as a basis for apply relevant subsections of § 54.404 of Emergency Broadband Benefit.
withholding EBB Program funding from the Commission’s rules, outlining Accordingly, a provider may not
participants. Consistent with this carrier interactions with the NLAD, and provide a consumer with an activated
statutory direction and the record, the portions of § 54.405 of the Commission’s device that it represents enables use of
Commission decides to use the rules to the EBB Program concerning Emergency Broadband Benefit-
Commission’s existing, statutorily carrier obligations and de-enrollment. supported service, nor may it activate
permitted enforcement powers to Specifically, the Commission applies service that it represents to be
initiate investigations and impose § 54.405(e)(1), (2), and (5) of the Emergency Broadband Benefit-
administrative forfeitures. In addition, Commission’s rules, for de-enrollments supported service, unless and until it
the Commission would apply the generally, de-enrollments for has: (1) Confirmed that the household is
Commission’s suspension and duplicative support, and de-enrollments an eligible household pursuant to
debarment rules currently applicable to requested by the subscriber, section III(B) of the RO, and; (2)
the USF program to EBB Program respectively. In the definition for de- Completed the eligibility determination
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participating providers. The enrollment requested by the subscriber, and certification required by section
Commission would also withhold EBB the Commission directs USAC to accept III(B) of the RO, and any other necessary
Program funds from participants found and process de-enrollment requests enrollment steps expounded upon in
to be in violation of the EBB Program directly from EBB Program subscribers, the RO. We find that these preventative
rules, if appropriate, and will also seek and to notify the subscriber’s provider measures provide a front-end guard
to recoup improperly disbursed funds, when such a de-enrollment occurs. This against the improper use of the limited
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19559
funds provided by the CAA, and protect administration of the program, and the affecting the program, consistent with
against waste, fraud, and abuse. Commission believes USAC’s § 0.91(a) of the Commission’s rules.
142. To further ensure program experience administering the Lifeline OMD, in coordination with the WCB,
integrity, the Commission applies the program makes USAC uniquely situated may issue additional directions to
following sections of the Lifeline rules to be the administrator of the EBB USAC and program participants in
to the EBB Program: § 54.407(a), (c)(2)(i) Program. furtherance of its responsibilities.
through (v), (d) and (e) of the 145. Subpart H. The Commission next 149. In its administration of the EBB
Commission’s rules, pertaining to the applies § 54.702(c) of the Commission’s Program, USAC is directed to comply
number of participants as of the first of rules to the EBB Program as well, with, on an ongoing basis, all applicable
the month (snapshot), the definition of preventing USAC from making policy, laws and Federal government guidance
service usage, reimbursement interpreting unclear statutes or rules on privacy and information security
certifications, and records; § 54.417 of relied upon to implement the EBB standards and requirements, such as the
the Commission’s rules, pertaining to Program, or interpreting the intent of Privacy Act, relevant provisions in the
recordkeeping requirements; and, Congress. Additionally, the Commission Federal Information Security
§ 54.419 of the Commission’s rules, grants USAC the authority to conduct Modernization Act of 2014, National
pertaining to the validity of e-signatures. program audits of contributors and Institute of Standards and Technology
The Commission notes that these rule providers, as provided in § 54.707 of the publications, and Office of Management
sections, as applied to the EBB Program, Commission’s rules. This grant, and Budget guidance.
are the subject of more detailed however, is subject to the further 150. The Commission recognizes that,
discussions in the RO. We also require direction as set forth in section III(G) of once implementation of the EBB
participating providers that use the RO. Program begins, the Commission or
enrollment representatives to comply 146. Subpart I. Lastly, the USAC may encounter unforeseen issues
with the Representative Accountability Commission provides a path for or problems with the administration
Database registration requirement recourse to parties aggrieved by that will need to be resolved. To achieve
established in §§ 54.400(p) and decisions issued by USAC. Specifically, widespread participation by eligible
54.406(a) of the Commission’s rules. the Commission requires review of households in the EBB Program, the
Requiring registration for employees, decisions issued by USAC to follow the Commission delegates this authority to
agents, contractors, or subcontractors of requirements set forth in 47 CFR Commission staff to address and resolve
participating providers or their third- Subpart I. The Commission finds these such issues.
party entities prior to those personnel existing processes sufficient to provide
providing information to the USAC meaningful review of decisions issued III. Procedural Matters
systems will bolster the security of the by USAC during the EBB Program. A. Paperwork Reduction Act Analysis
system and help monitor for suspected 147. Delegations to the Bureau and
non-compliance in program activity. Office of Managing Director. The 151. Pursuant to section 904(h)(2) of
However, the Commission declines to Commission delegates authority to the the Consolidated Appropriations Act,
apply § 54.406(b) of the Commission’s WCB and OMD to make necessary the collection of information sponsored
rules to avoid discouraging provider adjustments to the program or conducted under the regulations
participation and diminishing consumer administration and to provide promulgated in the Report and Order is
choice in the EBB Program. additional detail and specificity to the deemed not to constitute a collection of
143. The record supports the use of requirements of the EBB Program to information for the purposes of the
these Lifeline rules in implementing the conform with the intent of the RO and Paperwork Reduction Act, 44 U.S.C.
EBB Program, including the use of the ensure the efficient functioning of the 3501–3521.
National Verifier, NLAD, RAD, snapshot program. B. Congressional Review Act
dates and process, and de-enrollment 148. In addition, the Commission
requirements and deadlines. The delegates financial oversight of the EBB 152. The Commission has determined,
Commission agrees with commenters Program to the Commission’s Managing and the Administrator of the Office of
that these established processes will Director and directs the OMD to work in Information and Regulatory Affairs,
assist in the quick and efficient coordination with the WCB to ensure Office of Management and Budget
implementation of the EBB Program that all financial aspects of the program (OMB), concurs, that the regulations
while protecting against waste, fraud, have adequate internal controls. These implementing the EBB Program are a
and abuse. duties fall within OMD’s current ‘‘major rule’’ under the Congressional
144. Use of USAC. The Commission delegated authority to ensure that the Review Act, 5 U.S.C. 804(2). By
also uses the authority granted by the Commission operates in accordance exempting this rulemaking proceeding
CAA to avail ourselves of USAC’s with Federal financial statutes and from the notice and comment provisions
services to implement the EBB Program, guidance. Such financial oversight must of the Administrative Procedure Act, 5
including administering approvals and be consistent with the rules adopted in U.S.C. 553(b), the Commission
elections of participating providers and the RO. OMD performs this role with concludes that Congress has determined
determinations of household eligibility, respect to USAC’s administration of the notice and public procedure under the
including whether a household resides Commission’s Universal Service Administrative Procedure Act to be
on Tribal lands, by relying upon USAC- programs, and the Covid–19 Telehealth impracticable, unnecessary, or contrary
administrated processes and systems, program, and the Commission to the public interest. In addition, the
including the National Verifier, NLAD, anticipates that OMD will leverage exemption of this proceeding from the
RAD, and LCS for the provider existing policies and procedures, to the Administrative Procedure Act
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reimbursement process, call centers for extent practicable and consistent with requirement that rules cannot become
program support, provider and section 904 of the CAA, to ensure the effective until 30 days after publication
consumer outreach, and conducting efficient and effective management of in the Federal Register, 5 U.S.C. 553(d),
program integrity reviews. The record the program. Finally, the Commission demonstrates Congressional intent that
supported using USAC and its processes notes that OMD is required to consult the rules the Commission adopt shall
for the efficient and effective with the WCB on any policy matters become effective without delay.
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19560 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
Accordingly, the Commission finds for Subpart P—Emergency Broadband Benefit member of the household receives
good cause that notice and public Program support under subpart E of 47 CFR part
procedure on the rules adopted herein Sec. 54 (or any successor regulation), and
are impracticable, unnecessary, or 54.1600 Definitions. regardless of whether any member of the
contrary to the public interest, and 54.1601 Participating providers. household has any past or present
therefore the Report and Order would 54.1602 Emergency Broadband Benefit. arrearages with a broadband provider, a
become effective April 13, 2021 54.1603 Emergency Broadband Benefit household in which—
Program support amount. (1) At least one member of the
pursuant to 5 U.S.C. 808(2). The
54.1604 Participating provider obligation to
Commission will send a copy of the household meets the qualifications 47
offer Emergency Broadband Benefit
Report and Order to Congress and the Program. CFR 54.409(a) or (b) (or any successor
Government Accountability Office 54.1605 Household qualification for regulation);
pursuant to 5 U.S.C. 801(a)(1)(A). Emergency Broadband Benefit Program. (2) At least one member of the
54.1606 Household eligibility household has applied for and been
C. Regulatory Flexibility Act determinations. approved to receive benefits under the
153. The Regulatory Flexibility Act of 54.1607 Enrollment representative free and reduced price lunch program
1980, as amended (RFA), requires that registration. under the Richard B. Russell National
an agency prepare a final regulatory 54.1608 Reimbursement for providing School Lunch Act (42 U.S.C. 1751 et
flexibility analysis ‘‘whenever an agency Emergency Broadband Benefit Program seq.) or the school breakfast program
promulgates a final rule under [5 U.S.C. discount.
54.1609 De-enrollment from the Emergency
under section 4 of the Child Nutrition
553], after being required by that section Broadband Benefit Program. Act of 1966 (42 U.S.C. 1773);
or any other law to publish a general 54.1610 Expiration of Emergency (3) At least one member of the
notice of proposed rulemaking.’’ Broadband Benefit Program. household has experienced a substantial
Pursuant to the Consolidated 54.1611 Recordkeeping requirements. loss of income since February 29, 2020,
Appropriations Act, section 553 does 54.1612 Validity of electronic signatures. that is documented by layoff or furlough
not apply to the rulemaking proceeding notice, application for unemployment
implementing the EBB Program. Subpart P—Emergency Broadband insurance benefits, or similar
Accordingly, no Final Regulatory Benefit Program documentation or that is otherwise
Flexibility Analysis was required for the § 54.1600 Definitions.
verifiable through the National Verifier
Report and Order. or National Lifeline Accountability
(a) Broadband internet access service. Database;
IV. Ordering Clauses The term ‘‘broadband internet access (4) At least one member of the
154. Accordingly, it is ordered that, service’’ has the meaning given such household has received a Federal Pell
pursuant to the authority contained in term in 47 CFR 8.1(b), or any successor Grant under section 401 of the Higher
Section 904 of Division N, Title IX of regulation. Education Act of 1965 (20 U.S.C. 1070a)
the Consolidated Appropriations Act, (b) Broadband provider. The term in the current award year, if such award
2021, Pub. L. No 116–260, 134 Stat. ‘‘broadband provider’’ means a provider is verifiable through the National
1182, the Report and order is adopted. of broadband internet access service. Verifier or National Lifeline
155. It is further ordered that the (c) Commission. The term Accountability Database or the
Commission shall send a copy of the ‘‘Commission’’ means the Federal participating provider verifies eligibility
Report and Order to the Congress and Communications Commission. under 47 CFR 54.1606(a)(2); or
the Government Accountability Office (d) Connected device. The term (5) At least one member of the
pursuant to the Congressional Review ‘‘connected device’’ means a laptop or household meets the eligibility criteria
Act, see 5 U.S.C. 801(a)(1)(A). desktop computer or a tablet. for a participating provider’s existing
(e) Designated as an eligible low-income or COVID–19 program,
List of Subjects in 47 CFR Part 54 telecommunications carrier. The term subject to the requirements of 47 CFR
Communications common carriers, ‘‘designated as an eligible 54.1606(a)(2).
Health facilities, Infants and children, telecommunications carrier’’, with (i) Emergency broadband benefit. The
internet, Libraries, Reporting and respect to a broadband provider, means term ‘‘emergency broadband benefit’’
recordkeeping requirements, Schools, the broadband provider is designated as means a monthly discount for an
Telecommunications, Telephone. an eligible telecommunications carrier eligible household applied to the actual
Federal Communications Commission under section 214(e) of the amount charged to such household,
Marlene Dortch, Communications Act of 1934 (47 U.S.C. which shall be no more than the
Secretary.
214(e)). standard rate for an internet service
(f) Direct service. As used in this offering and associated equipment, in an
Final Rules subpart, direct service means the amount equal to such amount charged,
For the reasons discussed in the provision of service directly to the but not more than $50, or, if an internet
preamble, the Federal Communications qualifying low-income consumer. service offering is provided to an
Commission amends 47 CFR part 54 as (g) Duplicative support. ‘‘Duplicative eligible household on Tribal land, not
follows: support’’ exists when an Emergency more than $75.
Broadband Benefit subscriber is (j) Emergency period. The term
PART 54—UNIVERSAL SERVICE receiving two or more Emergency ‘‘emergency period’’ means the period
Broadband Benefit services concurrently that—
■ 1. The authority citation for part 54 or two or more subscribers in a (1) Begins on the date of the
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continues to read as follows: household have received a connected enactment of the Consolidated
Authority: 47 U.S.C. 151, 154(i), 155, 201, device with an Emergency Broadband Appropriations Act; and
205, 214, 219, 220, 229, 254, 303(r), 403, Benefit discount (2) Ends on the date that is 6 months
1004, 1302, and 1601–1609 unless otherwise (h) Eligible household. The term after the date on which the
noted. ‘‘eligible household’’ means, regardless determination by the Secretary of Health
■ 2. Add subpart P to read as follows: of whether the household or any and Human Services pursuant to section
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19561
319 of the Public Health Service Act (42 Assistance for Needy Families (Tribal Broadband Program as a participating
U.S.C. 247d) that a public health TANF); Head Start (only those provider.
emergency exists as a result of COVID– households meeting its income (b) Other broadband providers. A
19, including any renewal thereof, qualifying standard); or the Food broadband provider that is not
terminates. Distribution Program on Indian designated as an eligible
(k) Enrollment representative. An Reservations (FDPIR). telecommunications carrier may seek
employee, agent, contractor, or (p) National Lifeline Accountability approval from the Wireline Competition
subcontractor, acting on behalf of an Database. The ‘‘National Lifeline Bureau to participate in the Emergency
eligible telecommunications carrier or Accountability Database’’ is an Broadband Benefit Program as a
third-party entity, who directly or electronic system, with associated participating provider.
indirectly provides information to the functions, processes, policies and (1) The Wireline Competition Bureau
Administrator for the purpose of procedures, to facilitate the detection shall review and act on applications to
eligibility verification, enrollment, and elimination of duplicative support, be designated as a participating provider
subscriber personal information as directed by the Commission. on an expedited basis. Such
updates, benefit transfers, or de- (q) National Lifeline Eligibility Verifier applications shall contain:
enrollment. or National Verifier. The ‘‘National (i) The states or territories in which
(l) Household. A ‘‘household’’ is any Lifeline Eligibility Verifier’’ or the provider plans to participate;
individual or group of individuals who ‘‘National Verifier’’ is an electronic and (ii) The service areas in which the
are living together at the same address manual system with associated provider has the authority, if needed, to
as one economic unit. A household may functions, processes, policies and operate in each state or territory, but has
include related and unrelated persons. procedures, to facilitate the not been designated an eligible
An ‘‘economic unit’’ consists of all adult determination of consumer eligibility telecommunications carrier; and,
individuals contributing to and sharing for the Lifeline program and Emergency (iii) Certifications and documentation
in the income and expenses of a Broadband Benefit Program, as directed of the provider’s plan to combat waste,
household. An adult is any person by the Commission. fraud, and abuse.
eighteen years or older. If an adult has (r) Participating provider. The term (2) Notwithstanding paragraph (b)(1)
no or minimal income, and lives with ‘‘participating provider’’ means a of this section, the Wireline
someone who provides financial broadband provider that— Competition Bureau shall automatically
support to him/her, both people shall be (1)(i) Is designated as an eligible approve as a participating provider a
considered part of the same household. telecommunications carrier; or broadband provider that has an
Children under the age of eighteen (ii) Meets requirements established by established program as of April 1, 2020,
living with their parents or guardians the Commission for participation in the that is widely available and offers
are considered to be part of the same Emergency Broadband Benefit Program internet service offerings to eligible
household as their parents or guardians. and is approved by the Commission households and maintains verification
(m) Income. ‘‘Income’’ means gross under 47 CFR 54.1601(b); and processes that are sufficient to avoid
income as defined under section 61 of (2) Elects to participate in the fraud, waste, and abuse. Such
the Internal Revenue Code, 26 U.S.C. 61, Emergency Broadband Benefit Program. applications seeking automatic approval
for all members of the household. This (s) Standard rate. The term ‘‘standard shall contain:
means all income actually received by rate’’ means the monthly retail rate for (i) The states or territories in which
all members of the household from the applicable tier of broadband internet the provider plans to participate;
whatever source derived, unless access service as of December 1, 2020, (ii) The service areas in which the
specifically excluded by the Internal excluding any taxes or other provider has the authority, if needed, to
Revenue Code, Part III of Title 26, 26 governmental fees. operate in each state or territory, but has
U.S.C. 101 et seq. (t) Tribal lands. For purposes of this not been designated an Eligible
(n) Internet service offering. The term subpart, ‘‘Tribal lands’’ include any Telecommunications Carrier; and,
‘‘internet service offering’’ means, with Federally recognized Indian tribe’s (iii) A description, supported by
respect to a broadband provider, reservation, pueblo, or colony, documentation, of the established
broadband internet access service including former reservations in program with which the provider seeks
provided by such provider to a Oklahoma; Alaska Native regions to qualify for automatic admission to the
household, offered in the same manner, established pursuant to the Alaska Emergency Broadband Benefit Program.
and on the same terms, as described in Native Claims Settlement Act (85 Stat. (c) Election notice. All participating
any of such provider’s offerings for 688); Indian allotments; Hawaiian Home providers must file an election notice
broadband internet access service to Lands—areas held in trust for Native with the Administrator. The election
such household, as on December 1, Hawaiians by the state of Hawaii, notice must be submitted in a manner
2020. pursuant to the Hawaiian Homes and form consistent with the direction
(o) Lifeline qualifying assistance Commission Act, 1920 July 9, 1921, 42 of the Wireline Competition Bureau and
program. A ‘‘Lifeline qualifying Stat. 108, et seq., as amended; and any the Administrator. At a minimum the
assistance program’’ means any of the land designated as such by the election notice should contain:
Federal or Tribal assistance programs Commission for purposes of subpart E of (1) The states or territories in which
the participation in which, pursuant to 47 CFR part 54 (or any successor the provider plans to participate in the
47 CFR 54.409(a) or (b), qualifies a regulation) pursuant to the designation Emergency Broadband Benefit Program;
consumer for Lifeline service, including process in 47 CFR 54.412. (2) A statement that, in each state or
Medicaid; Supplemental Nutrition territory, the provider was a ‘‘broadband
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Assistance Program; Supplemental § 54.1601 Participating providers. provider’’ as of December 1, 2020;
Security Income; Federal Public (a) Eligible telecommunications (3) A list of states or territories where
Housing Assistance; Veterans and carriers. A broadband provider that is the provider is an existing Eligible
Survivors Pension Benefit; Bureau of designated as an eligible Telecommunications Carrier, if any;
Indian Affairs general assistance; telecommunications carrier may (4) A list of states or territories where
Tribally administered Temporary participate in the Emergency Benefit the provider received Wireline
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19562 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
Competition Bureau approval, whether connected device, if the charge to such (1) The household income as defined
automatic or expedited, to participate, if eligible household is more than $10.00 in 47 CFR 54.1600(m) must be at or
any; but less than $50.00 for such connected below 135% of the Federal Poverty
(5) Whether the provider intends to device, except that a participating Guidelines for a household of that size;
distribute connected devices; provider may receive reimbursement for or
(6) A description of the internet no more than one (1) connected device (2) At least one member of the
service offerings for which the provider per eligible household. household must receive benefits from
plans to seek reimbursement in each (c) If the amount of funding remaining
one of the following Federal assistance
state or territory; and, in the Emergency Broadband
(7) Documentation demonstrating the programs: Medicaid; Supplemental
Connectivity Fund is less than the total
standard rates for those services in each Nutrition Assistance Program;
amount of valid reimbursement claims
state; and any other information Supplemental Security Income; Federal
in the Emergency Broadband Benefit
necessary to establish participating Public Housing Assistance; or Veterans
Program, the support amount for all
providers in the Administrator’s participating providers submitting valid and Survivors Pension Benefit; or
systems. reimbursement claims for a month may (3) At least one member of the
(d) Suspension and debarment. The be less than the full support amount household has applied for and been
prohibition on participation and permitted under this section. approved to receive benefits under the
suspension and debarment rules free and reduced price lunch program
established in 47 CFR 54.8, shall apply § 54.1604 Participating provider obligation under the Richard B. Russell National
to activities associated with or related to to offer Emergency Broadband Benefit
Program.
School Lunch Act (42 U.S.C. 1751 et
the Emergency Broadband Benefit seq.) or the school breakfast program
Program. (a) All participating providers in the under section 4 of the Child Nutrition
Emergency Broadband Benefit Program Act of 1966 (42 U.S.C. 1773); or
§ 54.1602 Emergency Broadband Benefit. must make available the Emergency
(a) The Emergency Broadband Benefit Broadband Benefit Program to (4) At least one member of the
Program shall provide reimbursement to qualifying low-income consumers. household has experienced a substantial
a participating provider for providing a (b) All participating providers in the loss of income since February 29, 2020,
discount on the price of broadband Emergency Broadband Benefit Program that is documented by layoff or furlough
internet access service (and associated are encouraged to: notice, application for unemployment
equipment), a connected device, or (1) Publicize the availability of the insurance benefits, or similar
both, to an eligible household during Emergency Broadband Benefit Program documentation or that is otherwise
the emergency period. in a manner reasonably designed to verifiable through the National Verifier;
(b) Participating providers may allow reach those likely to qualify for the or
consumers whose households qualify service. (5) At least one member of the
for the Emergency Broadband Benefit (2) Indicate on all materials describing household has received a Federal Pell
Program pursuant to 47 CFR 54.1605, to the Emergency Broadband Benefit Grant under section 401 of the Higher
apply the Emergency Broadband Benefit Program, using easily understood Education Act of 1965 (20 U.S.C. 1070a)
to any residential service plan that language in the dominant languages of in the current award year, if such award
includes broadband internet access the communities the provider serves: is verifiable through the National
service or a bundle of broadband (i) The eligibility requirements for Verifier or the participating provider
internet access service along with fixed consumer participation; verifies eligibility under 47 CFR
or mobile voice telephony service, text (ii) That the Emergency Broadband 54.1606(a)(2); or
messaging service, or both. Benefit is non-transferable and is
limited to one discount per household; (6) At least one member of the
§ 54.1603 Emergency Broadband Benefit (iii) The monetary charges to the household meets the eligibility criteria
Program support amount. for a participating provider’s existing
customer;
(a) The Emergency Broadband Benefit (iv) The available upload/download low-income or COVID–19 program,
Program support amount for all speeds and data caps for the covered subject to the requirements of 47 CFR
participating providers shall equal the services, and a list of connected devices, 54.1606(a)(2); or
actual discount provided to an eligible if any, with descriptions; (7) If the household is located on
household off of the actual amount (v) The provider’s customer service Tribal lands, at least one member of the
charged to such household, which shall telephone number, which must be household participates in one of the
be no more than the standard rate for an prominently displayed on all following Tribal-specific Federal
internet service offering and associated promotional materials and adequately assistance programs: Bureau of Indian
equipment, but not more than $50.00 staffed by customer service Affairs general assistance; Tribally
per month, if that provider certifies that representatives; and administered Temporary Assistance for
it will pass through the full amount of (vi) That the Emergency Broadband Needy Families; Head Start (only those
support to the eligible household, or not Benefit Program is a temporary households meeting its income
more than $75.00 per month, if that emergency Federal Government benefit
provider certifies that it will pass qualifying standard); or the Food
program operated by the Federal Distribution Program on Indian
through the full amount of support to Communications Commission and,
the eligible household on Tribal lands, Reservations.
upon its conclusion, customers will be
as defined in 47 CFR 54.1600(t). subject to the provider’s regular rates, (b) In addition to meeting the
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(b) A participating provider that, in terms, and conditions. qualifications provided in paragraph (a)
addition to providing the Emergency of this section, in order to constitute an
Broadband Benefit Program to an § 54.1605 Household qualification for eligible household, no member of the
eligible household, supplies such Emergency Broadband Benefit Program. household may already be receiving an
household with a connected device may (a) To constitute an eligible Emergency Broadband Benefit Program
be reimbursed up to $100.00 for such household: discount.
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§ 54.1606 Household eligibility household rule prior to initial subscriber, consent to transmit the
determinations. enrollment. subscriber’s information. Prior to
(a) Eligibility verification processes. (d) The National Lifeline obtaining consent, the participating
To verify whether a household is an Accountability Database. In order to provider must describe to the
eligible household, a participating receive Emergency Broadband Benefit subscriber, using clear, easily
provider shall— Program support, participating understood language, the specific
(1) Use the National Verifier; or providers must comply with the information being transmitted, that the
(2) Rely upon an alternative following requirements: information is being transmitted to the
verification process of the participating (1) All participating providers must Administrator to ensure the proper
provider, if— query the National Lifeline administration of the Emergency
(i) The participating provider submits Accountability Database to determine Broadband Benefit Program, and that
information as required by the whether a prospective subscriber is failure to provide consent will result in
Commission regarding the alternative currently receiving an Emergency subscriber being denied the Emergency
verification process prior to seeking Broadband Benefit-supported service Broadband Benefit.
reimbursement; and from another participating provider; and (7) When a participating provider de-
(ii) Not later than 7 days after whether anyone else living at the enrolls a subscriber from the Emergency
receiving the information required prospective subscriber’s residential Broadband Benefit Program, it must
under paragraph (a)(2)(i) of this section, address is currently receiving an transmit to the National Lifeline
the Wireline Competition Bureau— Emergency Broadband Benefit- Accountability Database the date of
(A) Determines that the alternative supported service. Emergency Broadband Benefit Program
verification process will be sufficient to (2) If the National Lifeline de-enrollment within one business day
avoid waste, fraud, and abuse; and Accountability Database indicates that a of de-enrollment.
(B) Notifies the participating provider prospective subscriber who is not (8) All participating providers must
of the determination under paragraph seeking to transfer his or her Emergency securely retain subscriber
(a)(2)(ii)(A) of this section; or Broadband Benefit, is currently documentation that the participating
(3) Rely on a school to verify the receiving an Emergency Broadband provider reviewed to verify subscriber
eligibility of a household based on the Benefit-supported service, the eligibility, for the purposes of
participation of the household in the participating provider must not provide production during audits or
free and reduced price lunch program or and shall not seek or receive Emergency investigations or to the extent required
the school breakfast program as Broadband Benefit reimbursement for by National Lifeline Accountability
described in 47 CFR 54.1600(h)(2). The that subscriber. Database or National Verifier processes,
participating provider must retain (3) Participating providers may query which require, inter alia, verification of
documentation demonstrating the the National Lifeline Accountability eligibility, identity, address, and age.
school verifying eligibility, the Database only for the purposes provided (9) A participating provider must not
program(s) that the school participates in paragraphs (e)(1) and (2) of this enroll or claim for reimbursement a
in, the qualifying household, and the section, and to determine whether prospective subscriber in the Emergency
program(s) the household participates information with respect to its Broadband Benefit Program if the
in. subscribers already in the National National Lifeline Accountability
(b) Provider policies and procedures. Lifeline Accountability Database is Database or National Verifier cannot
All participating providers must correct and complete. verify the subscriber’s status as alive,
implement policies and procedures for (4) Participating providers must unless the subscriber produces
ensuring that their Emergency transmit to the National Lifeline documentation to demonstrate his or
Broadband Benefit Program households Accountability Database in a format her identity and status as alive.
are eligible to receive the Emergency prescribed by the Administrator each (e) Connected device reimbursement
Broadband Benefit. A provider may not new and existing Emergency Broadband and the National Lifeline Accountability
provide a consumer with service that it Benefit Program subscriber’s full name; Database. In order to receive Emergency
represents to be Emergency Broadband full residential address; date of birth; Broadband Benefit Program
Benefit-supported service or seek the telephone number associated with reimbursement for a connected device,
reimbursement for such service, unless the Emergency Broadband Benefit participating providers must comply
and until it has: Program service; the date on which the with the following requirements:
(1) Confirmed that the household is Emergency Broadband Benefit Program (1) Such participating provider must
an eligible household pursuant to 47 discount was initiated; the date on query the National Lifeline
CFR 54.1605; which the Emergency Broadband Accountability Database to determine
(2) Completed any other necessary Benefit Program discount was whether a prospective connected device
enrollment steps, and; terminated, if it has been terminated; benefit recipient has previously
(3) Securely retained all information the amount of support being sought for received a connected device benefit.
and documentation it receives related to that subscriber; and the means through (2) If the National Lifeline
the eligibility determination and which the subscriber qualified for the Accountability Database indicates that a
enrollment, consistent with 47 CFR Emergency Broadband Benefit Program. prospective subscriber has received a
54.1611. (5) All participating providers must connected device benefit, the
(c) One-Per-Household Worksheet. If update an existing Emergency participating provider must not seek a
the prospective household shares an Broadband Benefit Program subscriber’s connected device reimbursement for
address with one or more existing information in the National Lifeline that subscriber.
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Emergency Broadband Benefit Program Accountability Database within ten (3) Such participating provider shall
subscribers according to the National business days of receiving any change to not seek a connected device
Lifeline Accountability Database or that information, except as described in reimbursement for a subscriber that is
National Verifier, the prospective paragraph (d)(7) of this section. not receiving the Emergency Broadband
subscriber must complete a form (6) All participating providers must Benefit for service provided by the same
certifying compliance with the one-per- obtain, from each new and existing participating provider.
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19564 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
(4) Where two or more participating National Lifeline Accountability part of each request for reimbursement,
providers file a claim for a connected Database or National Verifier. that:
device reimbursement for the same (c) Participating providers must (1) The officer is authorized to submit
subscriber, only the participating ensure that enrollment representatives the request on behalf of the participating
provider whose information was shall regularly recertify their status with provider;
received and processed by the National the Administrator to maintain their (2) The officer has read the
Lifeline Accountability Database or unique identifier and maintain access to instructions relating to reimbursements
Lifeline Claims System first, as the systems that rely on a valid unique and the funds sought in the
determined by the Administrator, will identifier. Participating providers must reimbursement request are for services
be entitled to a connected device also ensure that enrollment and/or devices that were provided in
reimbursement for that subscriber. representatives shall update their accordance with the Emergency
(5) All participating providers must registration information within 30 days Broadband Benefit Program rules and
obtain from each subscriber consent to of any change in such information. requirements;
transmit the information required under (3) The participating provider is in
paragraph (e)(1) of this section. Prior to § 54.1608 Reimbursement for providing compliance with all of the rules in this
Emergency Broadband Benefit Program
obtaining consent, the participating discount.
subpart;
provider must describe to the (4) The participating provider has
subscriber, using clear, easily (a) Emergency Broadband Benefit obtained valid certification and
understood language, the specific Program support for providing a application forms as required by the
information being transmitted, that the qualifying broadband internet access rules in this subpart for each of the
information is being transmitted to the service shall be provided directly to a subscribers for whom it is seeking
Administrator to ensure the proper participating provider based on the reimbursement;
administration of the Emergency number of actual qualifying low-income (5) The amount for which the
Broadband Benefit Program connected households listed in the National participating provider is seeking
device benefit, and that failure to Lifeline Accountability Database that reimbursement from the Emergency
provide consent will result in the the participating provider serves Broadband Connectivity Fund is not
subscriber being denied the Emergency directly as of the first of the month. more than the standard rate;
Broadband Benefit Program connected (b) For each eligible household (6) Each eligible household for which
device benefit. receiving Emergency Broadband the participating provider is seeking
Benefit-supported service, the reimbursement for providing an internet
§ 54.1607 Enrollment representative reimbursement amount shall equal the service offering—
registration. appropriate support amount as (i) Has not been and will not be
Enrollment representative described in 47 CFR 54.1603, except as charged—
registration. A participating provider otherwise provided by 47 CFR (A) For such offering, if the standard
must require that enrollment 54.1603(c). The participating provider’s rate for such offering is less than or
representatives register with the Emergency Broadband Benefit Program equal to the amount of the emergency
Administrator before the enrollment reimbursement shall not exceed the broadband benefit for such household;
representative can provide information participating provider’s standard rate for or
directly or indirectly to the National that offering. (B) More for such offering than the
Lifeline Accountability Database or the (c) A participating provider offering difference between the standard rate for
National Verifier. an Emergency Broadband Benefit such offering and the amount of the
(a) As part of the registration process, Program service with a standard rate emergency broadband benefit for such
participating providers must require that does not require the participating household;
that all enrollment representatives provider to assess and collect a monthly (ii) Will not be required to pay an
provide the Administrator with fee from its subscribers must certify that early termination fee if such eligible
identifying information, which may every subscriber claimed has used their household elects to enter into a contract
include first and last name, date of supported service, as defined by 47 CFR to receive such internet service offering
birth, the last four digits of his or her 54.407(c)(2), at least once during the if such household later terminates such
social security number, email address, service month being claimed prior in contract;
and residential address. Enrollment order to claim that subscriber for (iii) Was not, after the date of the
representatives will be assigned a reimbursement in that month. enactment of the Consolidated
unique identifier, which must be used (d) A participating provider that, in Appropriations Act, subject to a
for: addition to providing the Emergency mandatory waiting period for such
(1) Accessing the National Lifeline Broadband Benefit to an eligible internet service offering based on having
Accountability Database; household, provides such household previously received broadband internet
(2) Accessing the National Verifier; with a connected device may be access service from such participating
(3) Accessing any eligibility database; reimbursed up to $100.00 for such provider; and
and connected device, if the charge to such (iv) Will otherwise be subject to the
(4) Completing any Emergency eligible household is more than $10.00 participating provider’s generally
Broadband Benefit Program enrollment but less than $50.00 for such connected applicable terms and conditions as
or verification forms. device, except that a participating applied to other customers.
(b) Participating providers must provider may receive reimbursement for (7) Each eligible household for which
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ensure that enrollment representatives no more than one (1) connected device the participating provider is seeking
shall not use another person’s unique per eligible household. reimbursement for supplying such
identifier to enroll Emergency (e) In order to receive Emergency household with a connected device was
Broadband Benefit Program subscribers, Broadband Benefit Program charged by the provider more than
recertify Emergency Broadband Benefit reimbursement, an officer of the $10.00 but less than $50.00 for such
Program subscribers, or access the participating provider must certify, as connected device;
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19565
(8) That the connected device claimed certified reimbursement claims through receives a request from a subscriber to
meets the Commission’s requirements, Lifeline Claims System by the 15th of de-enroll, it must de-enroll the
that the reimbursement claim amount each month, or the following business subscriber within two business days
reflects the market value of the device, day in the event the 15th is a holiday after the request.
and that the connected device has been or falls on a weekend. If the
delivered to the household; participating provider fails to submit a § 54.1610 Expiration of Emergency
(9) The process used by the Broadband Benefit Program.
certified reimbursement claim by the
participating provider to verify that a deadline for that month, the (a) Prior to the conclusion of the
household is eligible for the Emergency reimbursement claim will not be Emergency Broadband Benefit Program,
Broadband Benefit Program, if the processed. the Administrator will notify
provider elects an alternative participating providers of the projected
verification process and that such § 54.1609 De-enrollment from the final service month for which
Emergency Broadband Benefit Program. participating providers will be eligible
verification process was designed to
avoid waste, fraud, and abuse. (a) De-enrollment generally. If a to receive reimbursement for valid
(10) The provider has retained the participating provider has a reasonable reimbursement claims submitted
relevant supporting documents that basis to believe that an Emergency pursuant to 47 CFR 54.1608. In that
demonstrate the connected devices Broadband Benefit Program subscriber final month when valid reimbursement
requested are eligible for does not meet or no longer meets the claims exceed remaining funds, the
reimbursement; criteria to be considered an eligible amount disbursed for both service and
(11) All documentation associated household under 47 CFR 54.1605, the connected device claims to participating
with the reimbursement form, including participating provider must notify the providers will be reduced on a pro-rata
all records for services and/or connected subscriber of impending termination of basis but will be no less than 50% of the
devices provided, will be retained for a his or her Emergency Broadband Benefit total support amount for timely filed
period of at least six years after the last discount. Notification of impending claims for service and connected
date of delivery of the supported termination must be sent in writing devices provided to households.
services and/or connected devices separate from the subscriber’s monthly (b) Concurrent with release of the
provided through the Emergency bill, if one is provided, and must be notice by the Administrator pursuant to
Broadband Benefit Program, and are written in clear, easily understood paragraph (a) of this section, no new
subject to audit; language. The participating provider households shall be enrolled in the
(12) The provider neither received nor must allow a subscriber 30 days Emergency Broadband Benefit Program.
paid kickbacks, as defined by 41 U.S.C. following the date of the impending (c) No later than 15 days after the
8701, in connection with the Emergency termination letter to demonstrate Administrator provides notice pursuant
Broadband Benefit Program; continued eligibility. A subscriber to paragraph (a) of this section,
(13) The information contained in this making such a demonstration must participating providers shall give notice
form is true, complete, and accurate to present proof of continued eligibility to to subscribers receiving the Emergency
the best of the officer’s knowledge, the National Verifier or the participating Broadband Benefit of the last date or
information, and belief, and is based on provider consistent with the service month that the full benefit will
information known to the officer or participating provider’s approved apply to the household’s bill, the last
provided to officer by employees alternative verification process. A date or service month that the partial,
responsible for the information being participating provider must de-enroll final-month benefit will apply to their
submitted; any subscriber who fails to demonstrate bill, and the expected rate of the
(14) The officer is aware that any eligibility within five business days broadband service once the benefit
false, fictitious, or fraudulent after the expiration of the subscriber’s expires.
information, or the omission of any deadline to respond. (d) At least 30 days before the end of
material fact, may subject the officer to (b) De-enrollment for duplicative the Emergency Broadband Benefit
criminal, civil, or administrative support. Notwithstanding paragraph (a) Program, as indicated in the notice sent
penalties for fraud, false statements, of this section, upon notification by the by the Administrator pursuant to
false claims, or otherwise. (18 U.S.C. Administrator to any participating paragraph (a) of this section,
286–287, 1001, 1341, 31 U.S.C. 3729– provider that a subscriber is receiving participating providers must notify
3730, 3801–3812.); and the Emergency Broadband Benefit households about the upcoming end to
(15) No service costs or devices discount from another participating the Emergency Broadband Benefit
sought for reimbursement have been provider, or that more than one member Program and clearly state that the
waived, paid, or promised to be paid by of a subscriber’s household is receiving household will be subject to the
another entity, including any Federal the Emergency Broadband Benefit participating provider’s generally
program. discount and that the subscriber should applicable terms and conditions at the
(f) In order to receive Emergency be de-enrolled from participation in that conclusion of the Emergency Broadband
Broadband Benefit Program provider’s Emergency Broadband Benefit Program if the household elects
reimbursement, a participating provider Benefit program, the participating to continue receiving broadband service
must keep accurate records of the provider must de-enroll the subscriber from the participating provider.
revenues it forgoes in providing from participation in that provider’s
Emergency Broadband Benefit- Emergency Broadband Benefit discount § 54.1611 Recordkeeping requirements.
supported services. Such records shall within five business days. A Participating providers must maintain
be kept in the form directed by the participating provider shall not claim records to document compliance with
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Administrator and provided to the any de-enrolled subscriber for all Commission requirements governing
Administrator at intervals as directed by Emergency Broadband Benefit the Emergency Broadband Benefit
the Administrator or as provided in this reimbursement following the date of Program for the six full preceding
subpart. that subscriber’s de-enrollment. calendar years and provide that
(g) In order to receive reimbursement, (c) De-enrollment requested by documentation to the Commission or
participating providers shall submit subscriber. If a participating provider Administrator upon request.
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19566 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations
Participating providers must maintain § 54.1612 Validity of electronic signatures. (b) For the purposes of this subpart,
the documentation related to the (a) For the purposes of this subpart, an electronic record, defined by the
eligibility determination and an electronic signature, defined by the Electronic Signatures in Global and
reimbursement claims for an Emergency Electronic Signatures in Global and National Commerce Act as a contract or
Broadband Benefit Program subscriber National Commerce Act, as an other record created, generated, sent,
for as long as the subscriber receives the electronic sound, symbol, or process, communicated, received, or stored by
Emergency Broadband Benefit discount attached to or logically associated with electronic means, constitutes a record.
from that participating provider, but for a contract or other record and executed
[FR Doc. 2021–07456 Filed 4–12–21; 8:45 am]
no less than the six full preceding or adopted by a person with the intent
BILLING CODE 6712–01–P
calendar years. to sign the record, has the same legal
effect as a written signature.
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- FR-2021-04-13_2021-07456.pdf
- Original
- www.govinfo.gov