Emergency Broadband Benefit Program, 19532-19566 [2021-07456]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Rules and Regulations]
[Pages 19532-19566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07456]



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Vol. 86

Tuesday,

No. 69

April 13, 2021

Part IV





Federal Communications Commission





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47 CFR Part 54





Emergency Broadband Benefit Program; Final Rule

Federal Register / Vol. 86 , No. 69 / Tuesday, April 13, 2021 / Rules 
and Regulations

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 20-445; FCC 21-29; FRS 19812]


Emergency Broadband Benefit Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) established the Emergency Broadband Benefit Program (EBB 
Program) to support broadband services and devices to help low-income 
households. The Consolidated Appropriations Act, 2021 (CAA) established 
an Emergency Broadband Connectivity Fund of $3.2 billion in the 
Treasury of the United States for the fiscal year 2021, to remain 
available until expended. The CAA directed the Commission to use the 
fund to establish the EBB Program, under which eligible low-income 
households may receive a discount off the cost of broadband service and 
certain connected devices during an emergency period related to the 
COVID-19 pandemic.

DATES: Effective April 13, 2021.

FOR FURTHER INFORMATION CONTACT: Jodie Griffin, Wireline Competition 
Bureau, 202-418-7400 or by email at [email protected]. We ask that 
requests for accommodations be made as soon as possible in order to 
allow the agency to satisfy such requests whenever possible. Send an 
email to [email protected] or call the Consumer and Governmental Affairs 
Bureau at (202) 418-0530.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Emergency Broadband Benefit Program Report and Order (RO) in WC Docket 
No. 20-445; FCC No. 21-29, adopted February 25, 2021 and released 
February 26, 2021. Due to the COVID-19 pandemic, the Commission's 
headquarters will be closed to the general public until further notice. 
The full text of this document is available at the following internet 
address: https://docs.fcc.gov/public/attachments/FCC-21-29A1.pdf

I. Introduction

    1. In the RO, the Commission establishes the EBB Program to support 
broadband services and devices to help low-income households stay 
connected during the COVID-19 pandemic. Efforts to slow the spread of 
COVID-19 have resulted in the dramatic disruption of many aspects of 
Americans' lives, including social distancing measures to prevent 
person-to-person transmission which have required the closure of 
businesses and schools across the country for indefinite periods of 
times, and in turn has caused millions of Americans to become newly 
unemployed or unable to find work. These closures have also led people 
to turn to virtual learning, telemedicine, and telework to enable 
social distancing measures, which has only increased every household's 
need for access to broadband services. The cost of broadband services, 
however, can be difficult to overcome for low-income families and for 
families that have been struggling during the pandemic.
    2. On December 27, 2020, the CAA became law. Among other actions 
intended to provide relief during the pandemic, the CAA established an 
Emergency Broadband Connectivity Fund of $3.2 billion in the Treasury 
of the United States for the fiscal year 2021, to remain available 
until expended. The CAA directed the Commission to use the funds to 
establish the EBB Program, under which eligible low-income households 
may receive a discount off the cost of broadband service and certain 
connected devices during an emergency period relating to the COVID-19 
pandemic, and participating providers can receive a reimbursement for 
such discounts.
    3. In creating the EBB Program, the CAA does not preclude the 
Commission from utilizing in whole or in part any of the Commission's 
part 54 rules or amending them to suit the EBB Program. Moreover, 
Congress directed the Commission to utilize existing regulatory tools 
in support of the EBB Program, such as the National Verifier and the 
National Lifeline Accountability Database--originally designed to 
support the existing Lifeline program--which helps ensure low-income 
consumers have access to affordable voice or broadband internet access 
service. The EBB Program, however, is funded through a separate 
appropriation from the Universal Service Fund. Consistent with 
Congress's direction in the CAA, the Commission establishes the EBB 
Program.

II. Discussion

    4. The Commission establishes the requirements and processes of the 
EBB Program, pursuant to the CAA. The Commission sets forth the 
providers that may participate in the EBB Program, the household 
eligibility requirements for the program, benefits for covered services 
and devices, the program's budget and reimbursement, and other 
administrative aspects of the program.
    5. Participating Providers. In the CAA, Congress required that in 
order to participate in the EBB Program a carrier must have provided 
broadband internet access service to households as of December 1, 2020. 
To meet these requirements, Congress defined ``participating provider'' 
as either an existing eligible telecommunications carrier (ETC) or 
providers approved by the Commission under an ``expedited approval 
process.'' Congress directed the Commission to create an ``expedited 
approval process'' to approve providers to participate EBB Program 
where the provider is not an existing ETC. This expedited approval 
process requires that providers with an ``established program as of 
April 1, 2020'' offering broadband services to eligible households with 
verification process sufficient to prevent fraud, waste, and abuse 
``shall be automatically approve[d].'' The Commission seeks to 
encourage as many providers as possible to participate in the EBB 
Program. Consistent with the CAA and the proposal in the Public Notice, 
DA 21-6, the Commission also adopts a carrier election process 
administered by USAC applicable to all providers participating in the 
EBB Program. Providers that are not designated as an ETC by a state or 
the Commission must also file for automatic approval or seek expedited 
approval from the Commission. In the CAA, Congress recognized the 
pressing need to quickly deliver much-needed support to Americans by 
providing the Commission with the authority to streamline and expedite 
the provider participation process. At the same time, the Commission 
must also safeguard the EBB Program's funding to ensure it provides 
help to those in need and is not wasted by providers unable to quickly 
deliver broadband services. Accordingly, the election and approval 
process the Commission adopts provides assurances that providers can 
promptly deliver broadband services to low-income households.
    6. The Commission directed the Wireline Competition Bureau (WCB), 
within seven days of the adoption of the RO, to announce a timeline for 
the submission of information by providers required by the CAA, such as 
applications from non-ETCs to participate in the EBB Program, requests 
by all providers for approval of alternative verification processes, 
and the submission by ETCs and non-ETCs of election notices. By Public 
Notice, DA 21-265, the WCB set a priority application deadline of March 
22, 2021,

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by which providers must submit these filings to receive approval prior 
to the beginning of the EBB Program. The Commission also directs the 
WCB to announce at a later date other administrative deadlines or 
milestones, such as when the EBB Program will begin and when providers 
may begin enrolling subscribers in the program. The Commission expects 
that the EBB Program and the enrollment process will begin in less than 
60 days after the adoption of the RO.
    7. Providers Eligible to Participate. In the CAA, a ``participating 
provider'' for the EBB Program shall be a ``broadband provider'' that 
is either ``designated as an eligible telecommunications carrier'' or 
seeks approval from the Commission for participation in the EBB 
Program. The Commission agrees with commenters that the Commission 
should establish a broad, technologically neutral approach to provider 
participation in the EBB Program. This interpretation of provider 
eligibility aligned with the plain language of the CAA, which defined 
``broadband provider'' as any ``provider of broadband internet access 
service.'' Further, the CAA defined ``broadband internet access 
service'' broadly by referencing the definition in Sec.  8.1 of the 
Commission's rules. Section 8.1 of the Commission's rules defines 
``broadband internet access service'' as:

a mass-market retail service by wire or radio that provides the 
capability to transmit data to and receive data from all or 
substantially all internet endpoints, including any capabilities 
that are incidental to and enable the operation of the 
communications service, but excluding dial-up internet access 
service. This term also encompasses any service that the Commission 
finds to be providing a functional equivalent of the service 
described in the previous sentence or that is used to evade the 
protections set forth in this part.

    Accordingly, ETCs and non-ETCs seeking to participate in the EBB 
Program must establish they provide broadband services. the Commission 
declines to further narrow provider eligibility among those providers 
that offer broadband services as defined by the CAA. This 
interpretation allows participation by not only ETCs or non-ETCs like 
traditional internet Service Providers (ISPs) including cable providers 
and wireless internet service providers, but also non-traditional 
broadband providers like community-owned networks, electric 
cooperatives, or municipal governments.
    8. In the CAA, Congress established that participating providers 
would be eligible to receive reimbursement for ``internet service 
offering[s]'' offered in the ``same manner, and on the same terms, as 
described in any of such provider's offerings for broadband internet 
access service to [an eligible] household[s], as on December 1, 2020.'' 
The Commission interprets this provision to require participating 
providers to have offered retail broadband internet access service to 
eligible households as of December 1, 2020. Consistent with the 
Commission's broadband data reporting rules, participating providers 
will be able to establish through certification that they provided 
broadband internet access service and reimbursable internet service 
offerings on December 1, 2020, through reference to timely filing of 
FCC Form 477. For providers that do not file FCC Form 477, 
participating providers must certify that they provided retail 
broadband internet access service to end-users as of December 1, 2020. 
The Commission further clarifies that the retail broadband internet 
access service must be provisioned to end users, meaning the provider 
of retail broadband internet access service maintains a direct 
relationship with the customer, is responsible for dealing with 
customer complaints, handles customer billing, and provides quality of 
service guarantees to the end user. The Commission finds these provider 
certifications, in addition to the submission of broadband plan and 
rate information described in the following, appropriately satisfied 
the CAA's eligibility requirements. As described further in the 
following, ETCs must make a showing that they offer qualifying 
broadband service in the election notice filed with USAC. Non-ETCs must 
make a threshold showing in the approval process to the WCB.
    9. Election to Participate in Emergency Broadband Benefit Program 
by Existing ETCs and Bureau-Approved Providers. The CAA directed the 
Commission to establish an expedited process where existing ETCs and 
other approved providers could ``elect'' to participate in the EBB 
Program and gain access to the necessary USAC databases used to 
administer the Program. The Commission adopts the proposal to require 
all participating providers to file an election notice to participate 
in the EBB Program. This election will be filed with USAC to facilitate 
the administration of the EBB Program and provide USAC the necessary 
information to incorporate providers into its systems for eligibility 
determination, enrollment, and reimbursement.
    10. Existing ETCs will need to only file an election with USAC, 
while non-ETCs will need to first apply and then obtain WCB approval 
prior to filing their election with USAC. Accordingly, the Commission 
directs the WCB to establish a priority application window during which 
non-ETC providers seeking approval to participate in the EBB Program 
will have the opportunity to obtain approval prior to commencement of 
consumer enrollments. Non-ETCs that file complete applications for 
approval meeting the necessary criteria by the priority application 
deadline will know their status prior to the start date for the EBB 
Program. The Commission believes establishing this priority application 
deadline provides adequate time for prospective providers to evaluate 
the rules of the EBB Program adopted and to prepare applications, while 
also encouraging prospective providers to accelerate their 
consideration consistent with the need to quickly begin providing these 
supported broadband services. The Commission directs the WCB and USAC 
to work expeditiously to review provider applications and elections, 
respectively, and the Commission directs the WCB to issue additional 
guidance and instruction as necessary for providers seeking to 
participate in the EBB Program. Further, the Commission expects the WCB 
and USAC to prioritize their reviews to limit excessive delay in 
issuing approvals of the applications and elections once properly 
submitted by the providers.
    11. The Commission agrees with commenters that providers and, more 
importantly, their subscribers should have equal opportunity and access 
to the Emergency Broadband Benefit. By allowing non-ETC providers to 
obtain the necessary administrative approvals prior to the commencement 
of the EBB Program, eligible households will have more choices in the 
provider they can select to obtain supported broadband service and 
devices. Following the close of this priority application window, the 
WCB, in coordination with USAC, will establish and announce a uniform 
start date on which providers can begin to enroll qualifying 
subscribers in the EBB Program. This start date must allow for 
processing of elections and applications of both existing ETCs and non-
ETCs to enable a consistent start date for all providers.
    12. By establishing a priority application window and uniform start 
date, the Commission intends to afford providers the necessary time to 
update their systems and enrollment processes to effectively 
participate in the EBB Program. Furthermore, preparation and 
modification to both Commission and USAC systems is necessary to 
administer the EBB Program. While leveraging the existing Lifeline

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processes provides some efficiencies, USAC needs to modify the Lifeline 
systems to accommodate workflows associated with the EBB Program, 
including updates to the National Verifier, NLAD, RAD, and the Lifeline 
Claims System (LCS). These updates require development, security 
assessments, and privacy assessments and approvals required by the 
Privacy Act, such as System of Records Notices (SORNs), Computer 
Matching Agreements (CMAs), and systems testing to ensure an effective 
launch. These measures comply with Congressional and government-wide 
directives designed to protect the privacy and security of members of 
the public who submit their information to the government, including 
households who choose to participate in the EBB Program. While the 
Commission can launch the EBB Program with manual review processes that 
do not require all of these approvals, automated eligibility, and 
administrative processes greatly improve functionality. The Commission 
remains committed to expeditiously and successfully launching the EBB 
Program.
    13. Obligations of Existing ETCs to Participate in the Emergency 
Broadband Benefit Program. The CAA provides that an existing ETC is a 
``participating provider'' for the purposes of the EBB Program. The CAA 
does not require existing ETCs to seek approval to participate in the 
EBB Program. Instead, existing ETCs must only ``elect'' to participate 
in the EBB Program to be eligible for reimbursement for broadband 
services. Existing ETCs will be able to file these elections to 
participate in the EBB Program in the states or territories where they 
have already received an existing ETC designation. To ease 
administrative burdens, the Commission allows an ETC to file an 
election for itself and its affiliates who provided broadband service 
as of December 1, 2020, within the states or territories (collectively 
``jurisdictions'') where the provider was designated as an ETC. In 
other jurisdictions where neither the provider nor its affiliate has an 
existing ETC designation, the provider must seek either automatic or 
expedited approval from the WCB prior to submitting the election notice 
to USAC.
    14. The Commission finds extending elections to ETC affiliates 
consistent with the Commission's practices in Lifeline and High Cost 
that ETCs can satisfy their statutory obligations to ``offer'' 
reimbursable and supported services through affiliated entities. 
Similarly, commenters supported the ability of ETCs and affiliates to 
elect to participate in jurisdictions where the ETC is designated. 
Allowing elections to be filed for both ETCs and affiliates without 
seeking additional approval for the affiliated entities will also ease 
administrative burdens and more quickly allow providers access to the 
EBB Program. Further, ETCs and affiliated entities are more familiar 
with the obligations and requirements within a particular jurisdiction 
to safeguard funds similar to the EBB Program. The Commission finds 
permitting this election to be consistent with the CAA's provisions 
regarding ETC elections and the Commission past treatment of ETC 
requirements.
    15. The Commission declines to adopt the proposals in the record 
that would allow an existing ETC to offer service supported by the EBB 
Program in any jurisdiction, or even nationwide, regardless of where 
the ETC has been designated or where it had previously provided 
broadband service. First, ETC designations are inherently 
geographically limited due to the unique authority states have to 
designate ETCs. Thus, the Commission believes the provision in the CAA 
that relies on existing ETC designations and automatically qualifies 
ETCs to participate in the EBB Program supports the proposition that 
ETCs should be limited in the EBB Program to the jurisdictions in which 
they have already been designated. Moreover, had the CAA intended to 
allow ETCs to offer supported service everywhere regardless of the 
designation, Congress would not have needed to provide a path for non-
ETC providers to participate in the EBB program. As identified in the 
record, providers with existing ETC designations or affiliated with 
ETCs have significant relevant experience with the policies and 
procedures needed to carry out the EBB Program obligations. However, in 
states where a provider is not designated as an ETC, the Commission has 
less confidence that the provider has established procedures and 
compliance processes necessary for EBB Program participation in that 
state. This decision is further bolstered by the CAA's requirement that 
participating providers would be eligible to receive reimbursement for 
``internet service offerings'' offered in the ``same manner, and on the 
same terms, as described in any of such provider's offerings for 
broadband internet access service to [eligible] household, as on 
December 1, 2020.'' Approving a provider to participate in a 
jurisdiction where it previously did not offer service would render 
this statutory provision moot.
    16. Provider Election Process to Participate in the Emergency 
Broadband Benefit Program. The Commission directs USAC, under the 
supervision of and in coordination with the WCB, to establish and 
administer a process to enable all participating EBB Program providers 
to file election notices containing information sufficient to 
effectively administer the program. The Commission directs USAC to 
collect information in such notices that includes: (1) The states in 
which the provider plans to participate in the EBB Program; (2) a 
statement that, in each such state, the provider was a ``broadband 
provider'' as of December 1, 2020; (3) a list of states where the 
provider is an existing ETC, if any; (4) a list of states where the 
provider received FCC approval, whether automatic or expedited, to 
participate, if any; (5) whether the provider intends to distribute 
connected devices under the EBB Program; (6) a description of the 
internet service offerings for which the provider plans to seek 
reimbursement from the EBB Program in each state; (7) documentation 
demonstrating the standard rates for those services; and (8) any other 
administrative information necessary for USAC to establish 
participating providers in the EBB Program. In addition to these 
criteria, participating providers must certify under penalty of perjury 
that the information set forth in the election notice is true, 
accurate, and complete; they understand and will comply with all 
statutory and regulatory obligations described within the RO, including 
the public interest conditions of offering EBB Program services 
throughout the provider's designated service area; and all terms and 
conditions and other requirements applicable to using the National 
Verifier, NLAD, RAD, and other USAC systems. Providing materially false 
information in the election notice will disqualify a provider from 
participation in the EBB Program. The Commission finds support in the 
record for adopting these requirements and certifications. These 
requirements also align with the CAA's requirements for provider 
participation and eligibility.
    17. Provider elections must include the following information to 
establish that the provider has met the criteria and can provide enough 
information to allow USAC to administer the EBB Program. The Commission 
directs USAC, under the supervision of and in coordination with the 
WCB, to establish and administer this election process consistent with 
the RO.
    (a) List of states in which the provider plans to participate in 
the EBB Program. A provider must list each state in which it will offer 
EBB Program services.

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Consistent with USAC's existing processes, providers should be prepared 
to identify to USAC the postal ZIP code(s) or Census Block(s) where the 
provider will offer EBB Program service to obtain Service Provider 
Identification Number(s) (SPINs) or Study Area Codes (SACs) to the 
extent necessary.
    (b) A statement that, in each such state, the provider was a 
``broadband provider'' as of December 1, 2020. Consistent with the 
Commission's broadband data reporting rules, participating providers 
will be able to establish that they provided broadband internet access 
service and reimbursable internet service offerings on December 1, 2020 
through reference to previous FCC Form 477 filings. Providers are 
required to submit data as of December 31, 2020, and reference to an 
FCC Form 477 filing for the December data submission will demonstrate 
the provider offered broadband services. Providers that are not 
required to file FCC Form 477 must certify that they provided retail 
broadband internet access service to end users as of December 1, 2020 
and identify the underlying carrier providing the network facilities.
    (c) A statement identifying where the provider is an existing ETC. 
A provider who is an ETC or is affiliated with an ETC seeking to begin 
offering the Emergency Broadband Benefit must submit to USAC 
documentation demonstrating that it is a participating provider in 
specific states. While ETCs are automatically eligible to participate 
and likely have already obtained administrative numbers from USAC, such 
as SPINs or SACs, requiring demonstration of ETC status, filing this 
statement with USAC will allow for better processing of elections.
    (d) A statement identifying where the provider received FCC 
approval to participate in the EBB Program. Providers seeking approvals 
outside of states where they are existing ETCs or are affiliated with 
existing ETCs will need to identify those states and submit to the WCB 
approval to participate in the EBB Program.
    (e) A statement confirming whether the provider intends to 
distribute connected devices under the EBB Program. Providers seeking 
reimbursement for connected devices must submit a statement of intent 
to distribute connected devices as part of their election notice. These 
providers should also include documentation detailing the equipment, 
rates, and applicable costs of the laptop, desktop or tablet. Connected 
devices should be accessible to and usable by users with disabilities. 
To the extent the provider will offer connected devices that are also 
generally available to the public, it may provide summary information 
regarding the devices, rates, and costs, such as a link to a public 
website or screenshots.
    (f) Description and documentation of the internet service offerings 
for which the provider plans to seek reimbursement from the EBB Program 
in each state. Providers must submit documentation for the internet 
service offerings they will offer through the EBB Program. The 
participating provider should provide information detailing each 
service offering for which it plans to seek reimbursement from the EBB 
Program. This information and documentation should identify the service 
plan, details about the service such as speed and data caps, the 
service offering standard rate, equipment costs, jurisdiction where it 
is offered, and documentation establishing the rate was available on 
December 1, 2020. The provider can provide this information and 
documentation through the submission of price lists, rack rates, rate 
cards, or similar documentation. For service offerings that are 
publicly available a website or screenshot can be provided. For 
offerings that cannot be publicly viewed the provider should submit 
documentation demonstrating the offering was available on December 1, 
2020, such as customer bills or publicly available advertisements. The 
provider can provide aggregated summaries of service offerings and 
standard rates made available to eligible households, if those 
offerings and rates are the same for multiple jurisdictions. This will 
reduce the administrative burden for both participating providers and 
the Commission in producing and reviewing voluminous service offering 
descriptions that are substantially similar.
    18. In addition, providers must also be able to provide or 
otherwise obtain the necessary administrative registrations to utilize 
Commission and USAC processes. These processes include the Commission 
Registration System (CORES), FCC Registration Number (FRN), Service 
Provider Identification Number(s) (SPINs), Study Area Codes (SACs), 
System for Award Management (SAM), and/or Dun & Bradstreet DUNS number 
for all entities the provider anticipates seeking reimbursement. 
Providers should be prepared to provide this administrative information 
during the election process to USAC.
    19. Processing of Elections. The Commission directs USAC in 
coordination with the WCB to expeditiously process election notices. 
USAC should establish necessary systems and processes to systematically 
review election notices as quickly as possible, and at least ensure all 
elections filed by existing ETCs and elections from providers seeking 
approvals in the priority application window are processed prior to the 
commencement of the EBB Program. USAC should notify a provider promptly 
if its election notice is incomplete or otherwise contains errors that 
prevent USAC from processing the election notice. USAC shall process 
election notices received during the priority application window prior 
to the uniform reimbursement start date. USAC will only reject election 
notices that are materially incomplete, and that the provider fails to 
update.
    20. Non-ETC Provider Application and Approval Process. The CAA 
established that providers not already designated as an ETC that wish 
to participate in the EBB Program can seek either an automatic or 
expedited approval from the Commission based on certain criteria. 
Specifically, the CAA required the Commission to establish an expedited 
process for such approval and ``to automatically approve as a 
participating provider a broadband provider that has an established 
program as of April 1, 2020, that is widely available and offers 
internet service offerings to eligible households and maintains 
verification processes that are sufficient to avoid fraud, waste, and 
abuse.'' Consistent with this Congressional directive, the Commission 
establishes both an automatic approval and an expedited approval 
process for non-ETC providers seeking to participate in the EBB 
Program. The Commission delegates to the WCB the authority to establish 
the process by which providers seek these approvals, including through 
appropriate direction to USAC. Eligible providers that have submitted 
complete applications by the priority application deadline will know 
prior to the start date of the EBB Program if they are eligible to 
participate. Applications from providers filed after priority 
application deadline will be reviewed on an expedited, rolling basis.
    21. Some commenters suggested the Commission provide an opportunity 
for states to assist in the decisions to approve non-ETC providers for 
the EBB Program. After due consideration, the Commission declines to 
provide a formal role in the approval process to state public utilities 
commissions (PUCs). First, the Commission acknowledges the states' 
traditional and essential role in designating ETCs as provided in 
section 214 of the

[[Page 19536]]

Communications Act of 1934. It is well-established that states have the 
primary responsibility for designating ETCs, and the Commission is only 
to designate an ETC where a state lacks jurisdiction over the carrier 
applying for designation. In fact, in the CAA, Congress recognized the 
importance of states' roles in the selection of providers for the EBB 
Program by permitting ETCs designated by states automatic entry. 
However, the CAA also specifically requires that non-ETC providers be 
approved for participation by the Commission and does not provide a 
role for the states. The Commission also recognizes this is a 
temporary, emergency program with limited funding and it is essential 
the Commission moves quickly in establishing the EBB Program and 
approving the participating providers. While the Commission declines to 
establish a formal role for states in the approval of those non-ETC 
providers, the Commission recognizes the states' interest in knowing 
the providers who are or will be providing the supported broadband 
service in their jurisdiction and thus will make publicly available the 
names of approved providers in each state, along with other information 
related to the Commission approvals.
    22. Automatic Approval Process for Providers with Existing Support 
Programs. The Commission adopts an automatic approval process 
consistent with the CAA to enable non-ETC broadband providers with ``an 
established program as of April 1, 2020, that is widely available and 
offers internet service offerings to eligible households and maintains 
verification processes that are sufficient to avoid fraud, waste, and 
abuse'' to be automatically approved upon the filing of information 
meeting the criteria. Any non-ETC broadband provider seeking to qualify 
for such automatic approval must file an application describing: (1) 
The jurisdiction in which it plans to participate, (2) the service 
areas in which the provider has the authority, if needed, to operate in 
each state, but has not been designated an eligible telecommunications 
carrier, and (3) a description, supported by documentation, of the 
established EBB Program with which the provider seeks to qualify for 
automatic admission to the EBB Program.
    23. Established Program as of April 1, 2020. To facilitate provider 
participation in the EBB Program, the Commission adopts a broad 
interpretation of what constitutes an ``established program'' that is 
``widely available.'' The Commission finds that this requirement 
encompasses any eligible broadband provider that maintains an existing 
program that was made available by April 1, 2020 to subscribers meeting 
at least one of the criteria in the CAA's definition of an eligible 
household. Specifically, providers offering broadband subscribers 
discounted rates based on criteria such as low-income, loss of income, 
participation in Federal, state, or local assistance programs, or other 
means-tested eligibility criteria qualify for this automatic approval 
process. Additionally, providers that made commitments to keep 
subscribers connected during the pandemic and offered widely available 
bill forbearance or forgiveness programs beginning no later than April 
1, 2020, and continuing through the end of this EBB Program, will be 
eligible for automatic approval. The Commission finds that providing 
automatic approval for providers that actively offer targeted low-
income programs or programs in which providers otherwise engaged in 
systematic and ongoing billing practices, like forbearance or 
forgiveness, that actively reduced costs for struggling subscribers is 
consistent with the CAA's requirements. These actions reduced the 
financial burden on struggling households consistent with the 
Congressional intent of the EBB Program. The principal consideration in 
determining an ``established program'' for automatic approval is 
whether subscribers receive or were eligible to receive a financial 
benefit through either reduced rates or rate forbearance.
    24. Consistent with such a broad interpretation, the Commission 
finds that a program is ``widely established'' when it was offered to 
subscribers in a substantial portion of the service provider's service 
area in a particular state. The Commission declines to adopt an 
interpretation that a program must be offered throughout the provider's 
national or multi-state service territory to be widely available. The 
Commission finds support in the record that many considerations factor 
into offering such programs that are not consistent across 
jurisdictions, such as state and local privacy laws, access to 
eligibility information, broadband carrier requirements, or the lack of 
consistent assistance programs. The Commission believes Congress's use 
of ``widely available'' in lieu of more sweeping alternatives expresses 
the intent to have this term apply to service offerings made publicly 
available even if the existing program was not available throughout a 
provider's entire service area. Further, the public interest favors an 
interpretation of this requirement that broadly defines the type of 
qualifying programs, supports expeditious entry where possible and in 
turn makes EBB Program support available as quickly as possible.
    25. Required Verification Processes. The CAA also requires that 
providers seeking automatic approval to participate in the EBB Program 
have established programs that maintain verification processes that are 
``sufficient to avoid fraud, waste, and abuse.'' The Commission finds 
that applying this requirement in a forward-looking manner strikes the 
appropriate balance between responsible stewardship of the funds and 
ensuring broad provider participation. Providers that have been 
offering a broadband program for eligible households have generally 
foregone collecting revenue they might otherwise have assessed from 
participating subscribers. Those providers therefore already have 
incentive to prevent enrollment in their programs by ineligible 
households. Providers submitting applications for automatic approval 
must describe only the established program and participation 
requirements to meet the approval criteria.
    26. Providers that receive automatic approval to participate in the 
EBB Program will use the Lifeline National Verifier and NLAD to verify 
household eligibility or their own alternative household eligibility 
verification processes, or the combination of both before seeking 
reimbursement. Even if a provider has its own existing broadband 
program for determining eligible households, it may decide to use the 
National Verifier for some or all applications to the EBB Program, 
although it is not required to do so. The Commission finds that 
permitting automatically approved providers to use USAC's eligibility 
determination systems in a manner consistent with the CAA as described 
in the following further bolsters program protections against waste, 
fraud, and abuse.
    27. Timing of Approvals. Providers that file applications 
certifying to and making necessary demonstrations for the criteria 
outlined in the document will receive approval automatically upon 
filing once the WCB confirms all required information was submitted. 
The Commission agrees with commenters in the record who argue the 
intent of Congress was to create an automatic presumption of approval 
for providers with existing support programs. Thus, the Commission 
delegates to the WCB the authority to create and administer an 
application process that will automatically approve provider 
applications meeting the

[[Page 19537]]

criteria described in the document. Additionally, once approved, all 
providers must file with USAC an election to participate in the EBB 
Program to gain access to USAC systems.
    28. Expedited Review Process for Non-ETC Providers. The Commission 
adopts an expedited review process for non-ETC providers that do not 
qualify for automatic application processing and are not affiliated 
with an ETC in the same jurisdiction. Such providers must file an 
application for expedited review to receive approval from the WCB to 
participate in the EBB Program. As proposed in the Public Notice, DA 
21-6, each non-ETC broadband provider seeking to participate must file 
an application describing: (1) The state(s) in which it plans to 
participate, (2) the service areas in which the provider has the 
authority, if needed, to operate in each state but has not been 
designated an eligible telecommunications carrier, and (3) 
documentation of the provider's plan to combat waste, fraud, and abuse. 
These requirements align with the CAA's requirements for provider 
participation and eligibility.
    29. Provider applications for review must establish a sufficient 
showing that the provider has met the criteria for expedited review and 
approval, as outlined in the following. The Commission directs the WCB 
to establish and administer this expedited application review process 
consistent with the RO.
    (a) A list of states or territories where the provider will offer 
EBB Program services. A provider seeking approval must list each 
jurisdiction in which it seeks to be approved to offer EBB Program 
services. While the provider need only identify the state or territory 
where it plans to offer qualifying services for purposes of its 
submission to the WCB, providers should be prepared to identify to USAC 
in their election the postal ZIP code(s) or Census Block(s) where EBB 
Program service will be offered to obtain Service Provider 
Identification Number(s) (SPINs) or Study Area Codes (SACs), as 
necessary.
    (b) A statement identifying the jurisdiction in which the provider 
requires FCC approval and jurisdictions in which the provider is an 
existing ETC. Providers that are designated as an ETC or affiliated 
with an ETC in some states or territories must submit an application 
and obtain WCB approval to participate in the EBB Program in states or 
territories where the provider is not designated as an ETC. Providers, 
even if already designated as an ETC in some states or territories, 
must seek WCB approval to offer EBB Program services in states or 
territories in which the provider is not designated as an ETC. Because 
such applications will be reviewed on either an automatic or expedited 
basis, the Commission does not expect such a requirement to impose a 
significant burden on providers. Providers without an ETC designation 
or unaffiliated with an ETC must certify that they are authorized to 
provide broadband services as of December 1, 2020.
    (c) Documentation of the provider's plan to combat waste, fraud, 
and abuse. Participating provider applications must include a 
certification that the provider understands and complies with all 
statutory and regulatory obligations, including those described within 
the RO, as public interest conditions of offering EBB Program services. 
Specifically, a provider must certify that it will:
    (i) Confirm a household's eligibility for the EBB Program through 
either the National Verifier or a Commission-approved eligibility 
verification process prior to seeking reimbursement for the respective 
subscriber;
    (ii) follow all enrollment requirements and obtain all 
certifications as required by the EBB Program, including providing 
eligible households with information describing the Program's 
eligibility requirements, one-per-household rule, and enrollment 
procedures;
    (iii) interact with the necessary USAC systems, including the 
National Verifier, NLAD, and RAD, before submitting claims for 
reimbursement, including performing the necessary checks to ensure the 
household is not receiving duplicative benefits within the EBB Program;
    (iv) de-enroll from the EBB Program any household it has a 
reasonable basis to believe is no longer eligible to receive the 
benefit consistent with Program requirements;
    (v) comply with the EBB Program's document retention requirements 
and agree to make such documentation available to the Commission or 
USAC, upon request or any entities (for example, auditors) operating on 
their behalf; and
    (vi) agree to the Commission's enforcement and forfeiture 
authority.
    30. Timing of Approvals. Providers that have filed an application 
satisfying the criteria outlined in the document will receive expedited 
review. The Commission declines to adopt a deemed granted date or other 
specific application review deadlines for the expedited review process. 
Providers submitting applications by the priority application deadline 
will receive a determination prior to the start of the EBB Program. 
Accordingly, the Commission believes specific application review 
deadlines are unnecessary. The Commission delegates to the WCB the 
authority to create and administer an application review process that 
will expeditiously consider provider applications meeting the criteria 
described in the document. Additionally, all approved providers must 
file an election with USAC to participate in the EBB Program.
    31. Conditions and Requirements for Participating Providers. The 
Commission finds there is authority within the CAA to require 
participating providers to offer the EBB Program benefit throughout the 
provider's approved service area. Additionally, the Commission finds 
that use of existing USAC databases is the most efficient way to begin 
the program quickly while ensuring adequate safeguards to prevent 
waste, fraud, and abuse. Accordingly, the Commission authorizes USAC to 
make available the appropriate databases to administer the EBB Program 
including the National Verifier, NLAD, RAD, and LCS. The Commission 
directs USAC to take the appropriate actions to update, modify, or 
create the necessary USAC systems to administer the EBB Program in line 
with the Commission's direction in the RO. The Commission further 
delegates authority to the WCB and the Office of Managing Director () 
to supervise and coordinate with USAC all actions necessary to make 
USAC databases and systems available for the EBB Program.
    32. Public Interest Conditions of Approvals. The Commission adopts 
its proposal to require providers to offer the EBB Program discount on 
at least one service offering across all of its approved service areas 
in each of the states in which it is approved to participate. The 
Commission finds that such an approach is consistent with the CAA's 
requirements regarding the establishment of the EBB Program to 
reimburse providers for discounts provided to subscribers and supports 
the public interest in ensuring subscribers have access to the EBB 
Program. Further, the CAA grants the authority to the Commission to 
determine whether a provider meets the requirements to participate in 
the EBB Program. The Commission agrees with commenters that providers 
should not have to extend service offerings into areas where they 
currently do not exist and should not be mandated to offer a certain 
quality of service for the reasons further explained in the following. 
Requiring providers to expand or

[[Page 19538]]

otherwise deploy service offerings or existing programs into areas 
where they currently do not exist increases provider burdens and delays 
implementation for providers seeking to quickly offer EBB Program 
services. Approved providers must offer at least one EBB Program-
reimbursed service to each of its eligible households within its 
service area. However, the Commission also encourages participating 
providers to make EBB Program support available for all its service 
offerings for eligible households. Additionally, pursuant to the CAA, 
participating providers must not deny an eligible household the ability 
to participate in the EBB Program based on any past or present 
arrearages with that provider, may not require an eligible household to 
pay an early termination fee if the household enters into a contract 
for its EBB Program-supported service and later terminates that 
contract, and may not subject EBB Program-supported service to a 
mandatory waiting period based on a household having previously 
received service from that provider.
    33. Notice to Consumers. Providers also play an important role in 
ensuring that their customers are informed about the EBB Program at the 
point of application and enrollment. Providers will have a direct 
relationship with their customers, and as such, have a responsibility 
to ensure that these customers have the information they need to make 
an informed decision about the broadband service product they subscribe 
to supported by the EBB Program. Accordingly, the Commission requires 
participating providers to collect and retain documentation 
demonstrating that, prior to enrolling an existing subscriber in the 
EBB Program, the provider clearly disclosed to the household that the 
EBB Program is a government program that reduces the customer's 
broadband internet access service bill, is temporary in nature, that 
the household will be subject to the provider's undiscounted rates and 
general terms and conditions at the end of the program if they continue 
to receive service, that the household may obtain broadband service 
supported by the EBB Program from any participating provider of their 
choosing, and that the household may transfer their EBB Program benefit 
to another provider at any time. The provider must also retain 
documentation demonstrating that, having received such disclosures, the 
household provided affirmative consent to applying their EBB Program 
benefit to the service received from the EBB Program provider. The 
Commission believes that this disclosure and consent process will help 
ensure that low-income households are aware of their choices in the EBB 
Program without creating overly burdensome application requirements for 
those households.
    34. Use of the National Verifier, NLAD, RAD and other USAC 
databases. The Commission finds that, consistent with the CAA's 
provision allowing the Commission to use USAC's systems and services to 
implement the EBB Program, participating providers will be required to 
use certain USAC systems, such as the Lifeline NLAD and RAD, for 
program administration and will be permitted to use the National 
Verifier to determine household eligibility. The Commission adopts its 
proposal to rely on the USAC-administered National Verifier, NLAD, RAD, 
LCS, and other established processes for the EBB Program, including the 
provider reimbursement process, call centers for program support, 
provider and consumer outreach, and conducting program integrity 
reviews. Accordingly, the Commission adopts the applicable part 54 
rules that currently govern Lifeline provider interactions with these 
USAC systems. Specifically, the Commission applies the requirements of 
Sec.  54.400(i) and (o) of the Commission's rules defining the NLAD and 
National Verifier; Sec.  54.404 of the Commission's rules outlining 
carrier interactions with the NLAD; Sec.  54.406 of the Commission's 
rules outlining enrollment agent activities and requiring registration 
with the RAD; Sec.  54.410 of the Commission's rules where appropriate 
in requiring the use of the National Verifier for eligibility 
determinations; and Sec.  54.419 of the Commission's rules allowing the 
use of electronic signatures. The Commission directs the WCB, and USAC 
as directed by the WCB, to issue any further guidance or instruction 
necessary to clarify the obligations of EBB Program providers when 
using USAC databases and the administrative process established for the 
EBB Program.
    35. Safe harbor for participating providers. The CAA provides a 
safe harbor provision stating that the Commission may not enforce a 
violation of the CAA using sections 501, 502, or 503 of the 
Communications Act, or any rules of the Commission promulgated under 
such sections, if a participating provider demonstrates that it relied 
in good faith on information provided to such provider to make any 
verification required by subsection 904(b)(2) of the CAA. Section 
904(b)(2) of the CAA imposes a duty on participating providers to 
verify whether a household is eligible to receive the service and 
connected devices supported by the EBB Program. The Commission 
establishes that this safe harbor will apply to providers who utilize 
the National Verifier for eligibility determinations or any alternative 
eligibility verification process that has received approval from the 
Commission consistent with the RO. The safe harbor applies to providers 
who act in ``good faith'' with respect to these eligibility 
verification processes. The Commission has extensive experience in 
evaluating good faith actions of regulated entities in both negotiation 
and cost reimbursement. In line with this experience, this safe harbor 
applies to participating providers for eligibility determinations who 
act in good faith based on information provided to them in the 
household eligibility and enrollment process. Good faith will be 
determined on the totality of circumstances surrounding the 
participating providers actions or statements. Participating providers 
that reasonably rely upon the documentation regarding eligibility 
determinations provided by eligible households or eligibility 
determinations from the National Verifier will be able to avail 
themselves of this statutory safe harbor for purposes of their 
compliance with the EBB Program rules.
    36. Application and Election Procedures. A provider application to 
participate in the EBB Program will provide information used to 
determine whether the applicant has the legal and technical 
qualifications to participate in the EBB Program. An applicant must 
certify, under penalty of perjury, its qualifications. Non-ETC 
providers must certify under penalty of perjury that the information 
set forth in their application is true, accurate, and complete; they 
understand and will comply with all statutory and regulatory 
obligations described within the RO; and all terms and conditions and 
other requirements applicable to using the National Verifier, NLAD, 
RAD, and other USAC systems. Providing materially false information in 
the application will disqualify a provider from participation in the 
EBB Program. Eligibility to participate in the EBB Program is based on 
an applicant's submission of required information and certifications. A 
potential applicant must take seriously its compliance duties and 
responsibilities and carefully determine before filing an application 
that it is able to meet the obligations associated with EBB Program 
support. An applicant's filing and subsequent approval does not 
guarantee the applicant will receive EBB Program reimbursement. Each 
participating provider must file all

[[Page 19539]]

required forms, information, and certifications with the Commission and 
USAC to receive reimbursement.
    37. A non-ETC provider seeking to participate in the EBB Program 
must file the appropriate application, whether it is eligible for 
expedited or automatic approval, electronically, whether filing for 
automated or expedited approval, through the process announced by the 
WCB following the adoption of the RO. An applicant provider bears full 
responsibility for submitting an accurate, complete, and timely 
application, and should thoroughly review the EBB Program participating 
provider requirements, in addition to any subsequent guidance, to 
ensure all required information is included in its application. An 
applicant provider should be cognizant that submitting an application 
(and any amendments thereto) constitutes a representation by the 
certifying official that he or she is an authorized representative of 
the applicant, that he or she has read the appropriate instructions and 
certifications, and that the contents of the application, its 
certifications, and any attachments are true and correct. Submitting a 
false certification to the Commission may result in penalties, 
including monetary forfeitures, license forfeitures, and ineligibility 
to participate in future Commission auctions or competitions, as well 
as criminal prosecution and/or liability under the False Claims Act.
    38. Household Eligibility--Emergency Broadband Benefit Program 
Eligible Households. The CAA directs that a household will qualify for 
the EBB Program if at least one member of the household: (1) Meets the 
qualifications for participation in the Lifeline program; (2) has 
applied for and been approved to receive benefits under the free and 
reduced price lunch program under the Richard B. Russell National 
School Lunch Act or the school breakfast program under section 4 of the 
Child Nutrition Act of 1966; (3) has experienced a substantial loss of 
income since February 29, 2020 that is documented by layoff or furlough 
notice, application for unemployment insurance benefits, or similar 
documentation or that is otherwise verifiable through the National 
Verifier or the NLAD; (4) has received a Federal Pell Grant under 
section 401 of the Higher Education Act of 1965 in the current award 
year; or (5) meets the eligibility criteria for a participating 
provider's existing low-income or COVID-19 program, subject to approval 
by the Commission and any other requirements deemed by the Commission 
to be necessary in the public interest. A household is eligible for the 
EBB Program regardless of whether any member of the household already 
receives a Lifeline benefit. Further, a household is eligible for the 
EBB Program ``regardless of whether any member of the household has any 
past or present arrearages with a broadband provider.''
    39. While the CAA provides a definition for ``eligible household,'' 
it does not define ``household'' itself, and the Public Notice, DA 21-
6, sought comment on using the definition of ``household'' provided in 
[the] Lifeline rules for purposes of administering the EBB Program. The 
Lifeline rules define ``household'' as:

any individual or group of individuals who are living together at 
the same address as one economic unit. A household may include 
related and unrelated persons. An ``economic unit'' consists of all 
adult individuals contributing to and sharing in the income and 
expenses of a household. An adult is any person eighteen years or 
older. If an adult has no or minimal income, and lives with someone 
who provides financial support to him/her, both people shall be 
considered part of the same household. Children under the age of 
eighteen living with their parents or guardians are considered to be 
part of the same household as their parents or guardians.

    The record contains broad consensus supporting the proposal to use 
Lifeline's definition of household, and the Commission adopts this 
proposal. Other commenters agreed, generally, without reference to the 
Lifeline definition, that multiple people should be able to receive the 
EBB Program benefit at a single address, so long as the people were 
part of different households, similar to Lifeline's definition of a 
household. Some commenters disagree with the Commission proposal to 
permit one benefit per household, noting that often times households 
will have multiple people requiring access to quality broadband and 
devices, and each may need a benefit even though they are part of the 
same household. While the Commission is cognizant of the varying needs 
of households, it read the CAA to allow only a single benefit per 
household. As a result, the Commission will use the Lifeline program's 
definition of household and limit to each economic unit a single 
monthly Emergency Broadband Benefit and single connected device 
reimbursement. To help applicants determine if there is more than one 
household at an address, the Commission made available for the EBB 
Program a Household Worksheet to confirm whether an applicant is part 
of an independent economic household from other existing EBB Program 
subscribers. For providers conducting eligibility determinations 
pursuant to an approved alternative verification process, the 
Commission requires that such processes include measures to confirm 
that a household, under the definition the Commission adopts within, is 
not receiving more than one EBB Program benefit. The Commission also 
directs USAC to conduct periodic program integrity reviews to confirm 
that EBB Program subscribers located at the same address are in 
compliance with these requirements.
    40. Commenters also argue the EBB Program should support broadband 
provided to multiple dwelling units at a single address, such as senior 
and student living, mobile home parks, apartment buildings, and Federal 
housing units, that receive service as part of a bulk billing 
arrangement where the households ``are not directly billed for services 
by their internet service provider, but instead pay a monthly fee for 
broadband services to their landlord.'' Similarly, there may be 
``entities such as school districts, health care providers, assisted 
living or nursing facilities, and local governments who purchase 
service `in bulk' for eligible households.'' The Commission concludes 
on balance to make available the Emergency Broadband Benefit available 
in these arrangements as long as the provider is approved in the EBB 
Program and the household is eligible under the statute. These eligible 
households are otherwise at risk of missing out on broadband services 
supported by the EBB Program because they may not be directly billed by 
the participating provider and may not have a typical relationship with 
the participating provider. As a result, the Commission believes that 
including support in the EBB Program for these eligible households will 
increase the number of struggling households that are able to benefit 
from the EBB Program. In situations where the support is passed through 
as a discount off of the monthly price paid by the eligible household, 
the eligible household must provide consent to the bulk purchaser/
aggregator or participating provider to apply their EBB Program benefit 
to that service, and the participating provider must retain 
documentation of such consent. The participating provider claiming 
reimbursement for the service provided under the bulk arrangement must 
retain documentation demonstrating that the amount claimed by the 
provider from the EBB Program is fully passed through to the eligible 
household as a discount

[[Page 19540]]

off of the monthly price that the eligible household otherwise would 
have paid directly to the bulk purchaser. To ensure compliance with 
these requirements, the Commission requires participating providers 
offering service through such bulk billing arrangements to retain 
documentation demonstrating the identity of the entity or entities 
through which the discount was passed and the eligible households who 
received the subsidized service. As an example, if a bulk purchaser 
typically provides eligible households broadband service for $30 a 
month, each eligible household that receives such service must provide 
consent to the bulk purchaser or participating provider that the 
participating provider can seek reimbursement from the EBB Program for 
the $30 a month service. The participating provider would need to 
retain documentation of such consent, as well as documentation that the 
$30 that the participating provider is seeking reimbursement for will 
be fully passed through to the eligible household. As a result of the 
discount, the bulk purchaser would be paying $30 less to the 
participating provider, and the eligible household would be receiving 
free broadband service and not paying anything to the bulk purchaser. 
In cases where the household does not pay a fee for the service, either 
to the provider or a bulk purchaser/aggregator, but the fee is paid by 
another entity, the service cannot be claimed for EBB Program support.
    41. The Public Notice, DA 21-6, sought comment on whether there 
should be a limitation on the number of benefits per address regardless 
of the number of households. The Commission concludes that the 
Commission will not impose any limitations inconsistent with the 
Lifeline definition of a ``household.'' The Commission also sought 
comments on whether additional enrollments at a single address require 
a separate, more rigorous verification process. Some commenters 
cautioned against using a separate process, and the Commission finds 
that the Household Worksheet as used in Lifeline will help protect 
against duplicate benefits, while not being overly burdensome to 
applicants. The Public Notice, DA 21-6, also sought comment on whether 
an applicant should certify that no other person in the economic 
household is receiving a benefit. The Commission finds that the 
Household Worksheet requires an applicant to confirm their 
understanding of the one-per-household rule and that the person will 
lose their benefit if they break the rule, and the Commission will not 
need any further certification from an EBB Program subscriber regarding 
more than one benefit at a household. The Commission further directs 
USAC to apply its existing periodic Lifeline program integrity reviews 
for addresses with an unusually high number of subscribers to addresses 
enrolled in the EBB Program as well.
    42. The WCB also sought comment on whether the EBB Program should 
adopt the same NLAD processes used for Lifeline. After consideration of 
the record, the Commission concludes that the Commission should use the 
NLAD for a variety of functions for the EBB Program. The CAA, for 
example, contemplates the use of the NLAD by participating providers 
for purposes of determining whether a household is an eligible 
household. The Public Notice, DA 21-6, sought comment on a proposal to 
require all participating providers to track enrollments of eligible 
households in the EBB Program in the NLAD to prevent duplicative 
support. There was broad support in the record supporting the proposal, 
and the Commission adopts it. Further, the Commission finds that all 
providers, including those that use an approved alternative 
verification process or verify eligibility via a school as discussed in 
the following, must enroll their subscribers in the NLAD prior to 
claiming reimbursement for those subscribers, to prevent duplicative 
support between providers.
    43. Finally, the Commission observes that households are eligible 
to participate in both the EBB Program and the Lifeline program, either 
on the same or different services, and the Commission directs USAC to 
enable the NLAD to allow an eligible household to have separate 
subscriber IDs for the EBB Program and Lifeline and to associate such 
subscriber IDs with a respective Lifeline provider or Emergency 
Broadband Benefit provider, as applicable. If a household is enrolled 
only in the Lifeline program, then it will only have a Lifeline 
subscriber ID and be associated with a Lifeline provider. If a 
household is enrolled only in the EBB Program, then it will only have 
an EBB Program subscriber ID and be associated with an EBB Program 
provider. If a household is enrolled in both the Lifeline program and 
the EBB program, then it will have separate Lifeline and EBB Program 
subscriber IDs, and each of those subscriber IDs will be associated 
with their respective Lifeline or EBB Program provider (in some cases, 
a household may choose the same provider for both the Lifeline program 
and the EBB Program).
    44. National Verifier and NLAD Eligibility Determination. The CAA 
provides that participating providers can use one of three methods to 
verify eligibility for the EBB Program. In the following, the 
Commission discusses the first method of verification, use of the 
National Verifier and NLAD. The CAA allows a participating provider to 
use the National Verifier and NLAD to confirm applicants' eligibility. 
The Commission finds that allowing participating providers to use the 
National Verifier will help to stand up the EBB Program quickly and 
provide administrative efficiency, while also serving as an effective 
tool to prevent waste, fraud, and abuse. The Commission directs USAC to 
make available an EBB Program consumer portal and application form 
leveraging the existing National Verifier infrastructure. Commenters 
also requested that the Commission enables a service provider portal or 
eligibility check application programming interface (API) so that 
providers can help consumers with the application process. The 
Commission agrees that these additional application methods would 
enable providers to help enroll consumers, and the Commission directs 
USAC to make available these other application methods as well if 
feasible within the overall timeframe of the EBB Program.
    45. Generally, the National Verifier is a system of systems, with 
computer connections to state and Federal eligibility databases that 
can automatically check and confirm a household's eligibility 
electronically, followed by manual review of eligibility documentation 
for any applicants whose eligibility cannot be verified using an 
automated data source. To assist those participating providers that 
want the National Verifier to be a one-stop shop for determining 
eligibility for the EBB Program and do not to conduct their own 
verification processes, the Commission directs USAC to enable the 
National Verifier to verify three additional eligibility bases that are 
required by the CAA for the EBB Program: (1) Participation in free and 
reduced lunch program under the Richard B. Russell National School 
Lunch Act or the school breakfast program under section 4 of the Child 
Nutrition Act; (2) a substantial loss of income since February 29, 
2020; and (3) receipt of a Federal Pell Grant under section 401 of the 
Higher Education Act of 1965 in the current award year. The CAA 
contemplates substantial loss of income and Federal Pell Grant 
participation would be verified by the National Verifier where 
possible, and commenters agreed with adding those

[[Page 19541]]

eligibility bases to the National Verifier. Commenters also suggested 
that participation in school breakfast or lunch should also be added to 
the National Verifier, and the Commission agrees. Where possible, the 
Commission directs USAC to enable database connections through computer 
matching agreements with the respective government entities for those 
programs. Where not possible, the Commission directs USAC, under the 
direction of the WCB, to allow eligible households to submit 
documentation so that USAC can manually process the eligibility 
information for inclusion in the National Verifier. The Commission 
delegates authority to the WCB to direct USAC in these efforts and to 
provide any additional interpretations of section 904 necessary for 
implementing use of the National Verifier for the EBB Program. Unless 
and until such database connections have been enabled, USAC will verify 
program eligibility based on manual documentation review, consistent 
with the guidelines discussed in the following.
    46. Where the National Verifier cannot verify eligibility through 
any automated data sources, the Commission delegates to the WCB to 
direct USAC to establish documentation criteria for the three added 
eligibility programs. While the Consolidated Appropriations Act 
identified a few types of documentation to demonstrate income loss, 
such as ``layoff or furlough notice, application for unemployment 
benefits, or similar documentation,'' the Commission sought comment on 
other types of documentation. Some commenters argued that other 
documentation for substantial loss of income should be construed 
broadly, or that the Commission has kept in mind the widespread loss of 
income. Consistent with the Commission's clarification of ``substantial 
loss of income since February 29, 2020,'' discussed in the following, 
any documentation must clearly show loss of a job, including due to a 
furlough, that began after February 29, 2020, however documented, as 
well as the household's annual income for 2020. In addition, many 
commenters suggested acceptable documentation for receipt of a Pell 
Grant under section 904(a)(6)(D) of the CAA, including: (1) Written or 
electronic confirmation from a student's Institution of Higher 
Education that the student has received a Pell Grant for the current 
award year; (2) a student's official financial aid award letter 
documenting the amount of a student's Pell Grant award received for the 
current year; (3) a copy of a student's paid invoice that clearly 
documents the student's receipt of a Pell Grant during the current 
award year; and (4) a copy of a student's Student Aid Report that 
clearly documents the student's receipt of a Pell Grant during the 
current award year. USAC should consider these documents when 
establishing documentation criteria for receipt of a Pell Grant.
    47. The CAA allows that current Lifeline enrollees are 
automatically eligible for the EBB Program based on their Lifeline 
eligibility. Many commenters suggested that customers already enrolled 
in Lifeline should not have to also apply for the EBB Program. The 
Commission finds that current Lifeline households will not need to 
apply for the EBB Program or submit new eligibility documentation if 
they are already enrolled in NLAD. Current Lifeline enrollees, however, 
must still opt-in or affirmatively request enrollment in the EBB 
Program. As explained in the document, providers must collect and 
retain documentation demonstrating that, prior to enrolling an existing 
Lifeline household in the EBB Program, the provider made clear 
disclosures regarding the EBB Program benefit and the consumer's 
choices within the EBB Program, and the household provided affirmative 
consent to applying their Emergency Broadband Benefit to the service 
received from the EBB Program provider.
    48. In the Lifeline program, potential households are required to 
provide the last four digits of a Social Security Number to enroll in 
National Verifier and NLAD to verify subscriber identity. Some 
commenters, however, argue that the CAA does not require a Social 
Security Number for enrollment in the EBB Program, and that if the 
Commission imposes a Social Security Number requirement, many of the 
neediest households may not be able to enroll because they may not have 
a Social Security Number, may have difficulty accessing data, or fear 
providing a Social Security Number. Commenters suggested alternative 
forms of identification instead of a Social Security Number, such as an 
Individual Taxpayer Identification Number (ITIN), Government ID, 
current utility bill, or current employment photo identification badge. 
While the Commission permits a consumer to use the last four digits of 
a Social Security Number during enrollment, the Commission was 
persuaded that accepting only a Social Security Number may prevent 
eligible households from enrolling in the EBB Program. Applicants who 
choose not to provide the last four digits of their Social Security 
Number or cannot be verified using a Social Security Number may verify 
their identity using a variety of other types of identity 
documentation, including a government-issued ID, passport, driver's 
license, or Individual Taxpayer Identification Number documentation. 
The Commission directs USAC to work with the WCB to establish approval 
criteria for acceptable identity documentation. In developing that 
criteria, USAC should consider the methods used to verify identity by 
providers with existing low-income programs.
    49. The Public Notice, DA 21-6, proposed that eligible households 
will be required to interact directly with National Verifier as is 
currently required for the Lifeline benefit, and many commenters 
supported this proposal. The Commission adopts this proposal and will 
require households to interact directly with National Verifier. Some 
commenters suggested that the Commission permit service providers to 
submit verification requests through the National Verifier on behalf of 
households even if the households consumers are not physically present 
with the service provider, while others were concerned that consumers 
may not be able to access National Verifier as they do not have 
broadband access, and places such as libraries or community centers 
that typically offer broadband access are closed or operating in a 
limited capacity due to the pandemic. Although allowing service 
providers to remotely submit information on behalf of consumers may 
benefit some consumers, the Commission finds that the risk to program 
integrity and potential for waste, fraud, and abuse outweighs the 
benefit. Further, households that do not have internet access to apply 
electronically through the National Verifier may still apply for the 
EBB Program using a paper application. In addition, verification 
through the National Verifier is not the only way for households to get 
verified in the EBB Program, as service providers may have their own 
approved alternative verification processes to enroll households, while 
other households may be qualified by a provider through verification 
with a school. Given these alternatives, the Commission thought that 
permitting providers to sign up consumers remotely was necessary.
    50. The CAA permits households with members who qualify for free 
and reduced-price school lunch or the school breakfast program to 
enroll in the EBB Program. As a result, the Commission permits 
qualifying

[[Page 19542]]

households to apply for the EBB Program and will have USAC enable the 
National Verifier to approve the household based on participation in 
free and reduced lunch program or the school breakfast program. In the 
Public Notice, DA 21-6, the WCB sought comment on the reduced or free 
school breakfast or lunch eligibility from section 904(a)(6)(B) of the 
CAA and how to treat households with students enrolled in the EBB 
Program in schools or school districts that participate in the USDA 
Community Eligibility Provision. Participation in the Community 
Eligibility Provision allows the nation's highest-poverty schools and 
school districts to serve breakfast and lunch at no cost to all 
enrolled students without needing to collect individual household 
applications. Thus, households with a student enrolled in a school or 
school district participating in the Community Eligibility Provision 
will not have ``applied for and been approved to receive'' school lunch 
or breakfast programs but are still beneficiaries of these programs. 
Many commenters support that households with children enrolled in 
largely low-income schools or school districts that participate in the 
Community Eligibility Provision should be eligible for the emergency 
broadband benefit under section 904(a)(6)(B) of the CAA despite not 
individually applying for assistance. The Commission agrees with these 
commenters.
    51. Some commenters argue that accepting participation in the 
Community Eligibility Provision would be overinclusive. On balance, the 
Commission finds that the risk of including otherwise ineligible 
households is outweighed by the importance of making the EBB Program 
accessible and removing barriers to participation. Indeed, because the 
schools that participate in the Community Eligibility Provision are the 
among the highest-poverty schools in the nation, the Commission 
believes that including households with students that attend those 
schools efficiently targets low-income households and excluding such 
schools would counterintuitively effectively remove the National School 
Lunch Program as a qualifying program for households in largely low-
income schools and school districts. The Commission also recognizes 
that allowing use of the Community Eligibility Provision as a 
qualifying program limits disclosure to less sensitive information of 
households. While the CAA does not provide a specific time frame for 
when the member of the household should have been approved for benefits 
under the free and reduced price lunch or breakfast programs, the 
California Emerging Technology Fund proposed that the Commission should 
allow proof of enrollment in these programs for either the 2019-2020 
and 2020-2021 school year, given that many schools have been closed 
since mid-March 2020 due to the pandemic and students may not be 
enrolled in the programs in the current school year. The Commission 
agrees with this proposal. The Commission therefore accepts for 
eligibility determination purposes a household's confirmation that the 
household has dependent children who participated or are participating 
in the Community Eligibility Provision school breakfast or free and 
reduced-price school lunch program in the 2019-2020 or 2020-2021 school 
year. The Commission directs USAC to develop a process for such 
eligibility determinations that has the capability to, after a 
household provides the name of a dependent child's school, 
automatically check for CEP participation against the nationwide lists 
maintained by U.S. Department of Agriculture and/or the Food Research & 
Action Center. The Commission also directs USAC to conduct program 
integrity reviews of a sample of households who enrolled in the EBB 
Program using this eligibility criteria to confirm EBB Program 
compliance.
    52. The Public Notice, DA 21-6, also sought comment on whether a 
school's participation in the E-Rate program would facilitate any 
needed verification. The Commission receives some comments supporting 
the idea that a school participating in E-Rate should be sufficient to 
confirm household eligibility for its students' households. However, 
schools can participate in E-Rate even if less than 1% of its students 
are eligible for the National School Lunch Program. As such, the 
Commission did not find that a school's participation in E-Rate alone 
would provide any help as to the eligibility of households that have 
students enrolled in that school, and the Commission declines to use 
participation in E-Rate as a basis of eligibility for qualifying for 
school lunch or breakfast.
    53. Households with members who have experienced a substantial loss 
of income are also qualified to enroll in the EBB Program according to 
the CAA. The WCB sought comment on how to define a ``substantial loss 
of income since February 29, 2020'' in section 904(a)(6)(C) of the CAA, 
and whether households with an income above a certain level should be 
excluded from the EBB Program. Although the Commission receives 
comments that the Commission should clearly define ``substantial loss 
of income,'' only a few commenters provided criteria for the Commission 
to consider. Consistent with the requirements of the CAA, the 
Commission clarifies that a ``substantial loss of income'' includes the 
loss of a job, including a furlough, that is documented by a layoff or 
furlough notice, application for unemployment insurance benefits, or 
similar documentation. The Commission permits households with such 
members to enroll in the EBB Program through the National Verifier. To 
target eligibility to households most in need, the Commission agrees 
with commenters that the Commission imposes a household income 
limitation, and consistent with the criteria established by the Centers 
for Disease Control to halt evictions, a household that has suffered a 
job loss must not have had an income in 2020 greater than $99,000 for 
single-filers and $198,000 for joint filers to be eligible for the EBB 
Program.
    54. The CAA also permits eligibility into the EBB Program if a 
member of a household has received a Federal Pell Grant under Section 
401 of the Higher Education Act of 1965 in the current award year. 
Commenters supported and welcomed the inclusion of receipt a Pell Grant 
as an eligibility basis for the EBB Program. USTelecom has asked for 
clarification on what constitutes a household for purposes of a Pell 
Grant, given that students that are awarded Pell Grants are typically 
living away from parents, yet that student may be dependent on parental 
support. The Commission clarifies that consistent with the EBB 
Program's adoption of the Lifeline definition of ``household,'' people 
are part of the same household if they share income and expenses and 
live at the same address. If the recipient of a Pell Grant lives at a 
separate address from the recipient's parents, the recipient and the 
family are separate households, and only the recipient of the Pell 
Grant would be eligible for the EBB Program using Pell Grant 
eligibility.
    55. The CAA also allows into the EBB Program a household where at 
least one member meets the eligibility criteria for a participating 
provider's existing low-income or COVID-19 program. For eligibility 
under this provision, commenters suggested that providers should be 
able to continue to operate the EBB Program with the existing 
eligibility requirements. Although this provision of the CAA suggests 
the Commission could impose other eligibility requirements on these 
existing programs that the Commission

[[Page 19543]]

considers necessary for the public interest, given the emergency nature 
of the EBB Program, the Commission declines to modify the programmatic 
or income eligibility requirements of any provider's existing low-
income or COVID-19 program for purposes of eligibility in the EBB 
Program. Some commenters suggested that the Commission work with 
providers to set a baseline eligibility for the provider's existing 
low-income or COVID-19 program. The Commission similarly believes 
imposing baseline criteria on all existing low-income or COVID-19 
programs would be disruptive to those programs and cause undue burden 
on the providers at a time when it is essential those programs continue 
to operate efficiently. Finally, consistent with the CAA's allowance 
that a broadband provider that had an established a low-income or 
COVID-19 program as of April 1, 2020 shall be automatically approved as 
a participating provider, and to ensure that such eligibility 
determinations are made pursuant to well-established verification 
mechanisms, the Commission finds that a participating provider's 
existing low-income or COVID-19 program must have been available as of 
April 1, 2020, and any eligibility criteria for such programs must have 
been established as of April 1, 2020, for use of that program as a 
qualifying program under section 904(a)(6)(E) of the CAA.
    56. Some commenters suggested that although the Commission does not 
allow Lifeline applicants to self-certify, the Commission should allow 
EBB Program applicants to self-certify given the emergency nature of 
the EBB Program. While the Commission recognizes that self-
certification could in some circumstances lessen the burden on some 
households, the Commission declines to allow self-certification. Self-
certification presents a sizable risk of waste fraud and abuse in the 
EBB Program. Further, the Commission finds the CAA contemplates 
documentation and verification to confirm eligibility and permitting a 
household to enroll in the EBB Program while only self-certifying to 
eligibility would run contrary to these statutory requirements. And 
given the many bases of eligibility through which a household is able 
to enroll in the EBB Program and different avenues for verification, 
the Commission finds that these ample opportunities make self-
certification far less urgent.
    57. Participating Provider Alternative Verification Process. The 
CAA also allows a participating provider to ``rely upon an alternative 
verification process of the participating provider,'' subject to 
certain conditions. As set out by the CAA, the ``participating provider 
submits information as required by the Commission regarding the 
alternative verification process prior to seeking reimbursement,'' and 
the Commission has seven days after receipt of the information to 
notify the participating provider if the participating provider's 
``alternative verification process will be sufficient to avoid waste, 
fraud, and abuse.''
    58. The Public Notice, DA 21-6, sought comment on what information 
should be provided to the Commission concerning the alternative 
verification process, and the criteria the Commission should consider 
in determining whether a provider's alternative verification process is 
sufficient to avoid waste, fraud, and abuse. Some commenters suggested 
that the Commission create a model ``alternative verification process'' 
for participating providers to choose, while others suggested that the 
Commission automatically approve the verification processes for 
providers that have low-income programs that are not provided with 
government assistance and instead subsidized by the provider, as those 
providers already have strong incentives to ensure that only qualified 
customers take advantage of those programs. Other commenters proposed 
that local governments may act as the alternative verification process 
for providers. The Navajo Nation Telecommunications Regulatory 
Commission suggested that the Commission should work with providers who 
have worked in Indian Country to get their input as to verification, 
given the challenge that Lifeline has in verifying consumers in Indian 
Country. The Commission also received comments that any alternative 
verification process should be allowed to have different household 
eligibility definitions, but the Commission finds that it cannot expand 
eligibility beyond what the Consolidated Appropriations Act authorizes. 
The Commission notes, however, that under section 904(a)(6)(E) of the 
CAA, a broadband provider's eligibility criteria for their existing 
low-income or COVID-19 program may provide eligibility bases other than 
those explicitly listed in sections 904(a)(6)(A)-(D) of the CAA.
    59. Regardless of how a provider seeks or receives authorization to 
participate in the EBB Program (as an ETC, as a non-ETC with expedited 
approval, or as a non-ETC with automatic approval), a provider must 
submit and receive WCB approval of its alternative verification process 
prior to using such a process to enroll consumers in the EBB Program. 
The Public Notice, DA 21-6, proposes that the Commission delegates to 
the WCB authority to review and approve (or deny) alternative 
verification processes, and the Commission adopts this proposal. The 
Commission directs the WCB to develop a process for submitting proposed 
alternative verification processes and to review and approve or reject 
such submissions within the seven days required by the CAA. For ETCs, 
the Commission directs such providers to submit to the WCB requests for 
approval describing their alternative verification process after 
submitting their notice of election to USAC. The ETC's request for 
approval of its alternative verification process must still go through 
the approval process required by section 904(b)(2)(B) of the CAA and be 
approved by the WCB before the ETC can begin providing EBB Program 
service. For providers seeking a non-ETC approval from the WCB, the 
Commission directed such providers to submit requests for approval 
describing their alternative verification process along with their 
application to participate in the EBB Program, where possible. Although 
the provider application to participate may be granted automatically if 
the provider qualifies for such a grant, the provider's request for 
approval of its alternative verification process must still go through 
the approval process required by section 904(b)(2)(B) of the CAA and be 
approved by the WCB before the provider can begin providing EBB Program 
service.
    60. The Commission also agrees with commenters that non-ETCs that 
are automatically approved as a participating provider based on having 
an established low-income or COVID-19 program as of April 1, 2020 
pursuant to section 904(d)(2)(B) of the CAA should also have the 
alternative verification processes for those programs automatically 
approved. The CAA not only provides an automatic approval for such 
providers but also deems as eligible for the EBB Program households 
with at least one member that meets the eligibility criteria for a 
participating provider's existing low-income or COVID-19 program. The 
Commission finds Congress' heavy reliance on these existing aid 
programs instructive. The Commission is persuaded that such providers 
have strong incentives to ensure that only qualified customers take 
advantage of a provider's own low-income or COVID-19 program, as these 
programs are currently subsidized by the provider. Any such 
automatically approved provider must still submit a

[[Page 19544]]

description of their alternative verification process to the WCB.
    61. The Public Notice, DA 21-6, proposed to allow alternative 
verification methods that are at least as stringent as methods used by 
the National Verifier, and the Commission received comment agreeing 
with this proposal. To be at least as stringent as the National 
Verifier, information collected by participating providers in the 
alternative verification process should at least include the 
applicant's: (1) Full name, (2) phone number, (3) date of birth, (4) 
email address, (5) home and mailing addresses, (6) name and date of 
birth of the benefit qualifying person if different than applicant, (7) 
basis for inclusion in program (e.g., SNAP, SSI, Medicaid, school 
lunch, Pell Grant, income, provider's existing program, etc.) and 
documentation supporting verification of eligibility, and (8) 
certifications from the household that the information included in the 
application is true. The provider must describe the processes it (or a 
third-party) uses to verify the requested preceding information, 
including the applicant's identity and eligibility, and as required by 
the CAA, the provider must explain why the provider's alternative 
process will be sufficient to avoid waste, fraud, and abuse. For 
example, Comcast requires consumers to submit an application to obtain 
proof of identification and establish eligibility for its internet 
Essentials program, which is open to individuals in a high poverty area 
or through participation in a government assistance program. Comcast 
cross-references information from the application against internal 
databases populated with publicly available data from government 
sources to confirm participation in National School Lunch Program, 
residence at a public housing address, or residence in high poverty 
area, and if eligibility cannot be verified through internal databases 
or based on participation in a different government program, Comcast 
requires documentation of proof of participation and the documentation 
is reviewed by a vendor. The provider must also explain how it trains 
its employees and agents to prevent ineligible enrollments, including 
enrollments based on fabricated documents. If the alternative 
verification process fails to include any of the preceding information 
in the document, the provider should explain why it thinks such 
information is not necessary to prevent waste, fraud, and abuse. If a 
provider without an established low-income program seeks approval of an 
alternative verification process, it must explain why it proposes to 
use an alternative verification process instead of the National 
Verifier eligibility determinations. The Commission declines to issue a 
model alternative verification process, and the Commission further 
declines to approve any of the other alternative verification processes 
submitted by commenters.
    62. The Public Notice, DA 21-6, also sought comment on 
documentation and records providers should be required to keep 
complying with audit requirements. Commenters suggested that the 
providers should at least collect and retain documentation of the 
applicant's identity and eligibility criteria. The Commission requires 
that providers keep all documentation provided to them from the 
applicant used to make eligibility determinations, for as long as the 
applicant receives the Emergency Broadband Benefit, and also for no 
less than the six full calendar years following the termination of the 
EBB Program. For example, if a subscriber enrolls in the EBB Program 
through participation in the school breakfast or lunch program or the 
Pell Grant, retained documentation should include the name of the 
school and school year for which the subscriber has claimed 
eligibility. This requirement is similar to the document retention 
requirement used in the Lifeline program but is long enough to cover 
the statute of limitations under the False Claims Act laws for Federal 
wire fraud and ensures that documentation is available to confirm 
program compliance. Commenters also agree with the proposal in the 
Public Notice, DA 21-6, that providers identify the alternative 
verification process used when enrolling a household in the NLAD, and 
the Commission adopts that proposal. The Commission also directs USAC 
to conduct periodic program integrity reviews to ensure that 
subscribers enrolled through a provider's alternative verification 
process are eligible for the emergency broadband benefit.
    63. School-Based Eligibility Verification. The CAA also allows a 
participating provider to rely on a school to verify eligibility under 
the free and reduced price school lunch or school breakfast program. 
The Public Notice, DA 21-6, proposed that a provider identify the 
school it relied on when enrolling a household in NLAD, and commenters 
agreed. The Commission also sought comment on what other information a 
participating provider should be required to submit or maintain. 
Commenters were concerned about the ability of schools to provide 
information about households and individuals enrolled in the EBB 
Program without violating data privacy and confidentiality laws. The 
Commission also received a comment suggesting that the Commission 
create a standard protective order or consent form that providers can 
use. One commenter was also concerned that there may be significant 
administrative burdens and staffing requirements placed on schools if 
they are required to verify students, particularly if schools have a 
large number of students that qualify. One commenter estimated that it 
could take a school district 192 hours a month to process income 
verification requests from service providers. The Commission shares 
those concerns and was sympathetic to the burdens this method could 
impose on schools, especially during the pandemic when so many school 
administrators and teachers are struggling with the challenges of safe, 
in-person education, supporting students in need, and distance 
learning. The Commission concludes that, to comply with the 
requirements of the CAA, for a participating provider to rely on 
information provided by a school when enrolling a household in the EBB 
Program, the participating provider must certify in NLAD that it relied 
on information provided by a school for eligibility verification and 
that it retains documentation indicating: (1) The school providing the 
information, (2) the program(s) that the school participates in, (3) 
the household that qualifies (and qualifying student(s)), (4) and the 
program(s) the household participates in. The Commission believes this 
permits access to the EBB Program for student households through the 
school and also minimizes the burden on the school, especially in light 
of the relevant privacy and consent requirements. At the same time, 
households with students can also verify eligibility for and enroll in 
the EBB Program without relying upon schools, and will be able to use 
on any of the qualifying criteria for eligible households set forth in 
the CAA. And while the Commission declines to create a standard 
protective order or consent form, it recognized that it may be a 
beneficial tool for consumers and providers, and delegate to the WCB 
the authority to create such a form if it is needed for the National 
Verifier's processes.
    64. Covered Services and Devices. The COVID-19 pandemic continues 
to challenge Americans' access to and reliance on broadband connections 
as households try to adapt and ensure that they have the tools to 
succeed in their

[[Page 19545]]

everyday tasks, including telework, telehealth, telemedicine, and 
virtual learning. The CAA permits, in the EBB Program, eligible 
households to receive a discount off the cost of broadband service and 
certain connected devices, and participating providers can receive a 
reimbursement for such discounts during the emergency period.
    65. Services. In describing the services eligible for EBB Program 
support, the CAA defines ``internet service offering'' as a broadband 
internet access service provided to a household, and defines 
``broadband internet access service'' with the meaning given to that 
term in Sec.  8.1(b) of the Commission's rules. The Consolidated 
Appropriations Act further requires that an internet service offering 
must have a ``standard rate'' in order to receive the emergency 
broadband benefit, and that standard rate equals the ``the monthly 
retail rate for the applicable tier of broadband internet access 
service as of December 1, 2020, excluding any taxes or other 
governmental fees.'' The Commission interprets this requirement to mean 
that an internet service offering eligible for EBB Program support must 
have a retail rate that was on offer as of December 1, 2020 and that, 
but for the application of the EBB Program discount, would have been 
charged to the customer on a monthly basis. The Commission interprets 
the CAA's reference to a ``monthly retail rate'' to exclude broadband 
service products that are priced based primarily on the data allowance 
of the product (for example, a purchase 1 GB of data for $5.00) and are 
sold separate from a monthly recurring service plan). This requirement 
also helps to focus limited funding toward more robust broadband 
service offerings to maximize the EBB Program's benefits for enrolled 
households. Additionally, the Commission clarifies that the CAA's 
application of the emergency broadband benefit as a discount off of the 
monthly retail rate charged to the subscriber means that service plans 
that are already offered with no fee to the end user--for example, as a 
result of Lifeline program support or other benefit programs--are not 
eligible for additional or duplicative support from the EBB Program. At 
the same time, the CAA does permit plans where the end result is no fee 
being assessed on the household after the application of the monthly 
benefit.
    66. Some parties asked that the Commission require participating 
providers to make the emergency broadband benefit available on all of 
their service offerings. On balance, the Commission believes that 
dictating the required offerings in a temporary program will discourage 
participation and result in less consumer choice than would otherwise 
be available if it provided participating providers with more 
flexibility. However, the Commission notes that participating providers 
may apply the emergency broadband benefit to any of their eligible 
offerings, including promotional offerings that were available as of 
December 1, 2020. Specifically, pursuant to the CAA, participating 
providers are required to make available to eligible households a 
monthly discount off the standard rate for an internet service offering 
and associated equipment, up to $50.00 per month. For households 
residing on Tribal lands, the monthly discount may be up to $75.00 per 
month. Participating providers will receive reimbursement from the EBB 
Program for the discounts provided.
    67. The Commission provides further clarity on the internet service 
offerings and associated equipment eligible for reimbursement. Internet 
service offering is defined as ``broadband internet access service 
provided by such provider to a household, offered in the same manner, 
and on the same terms, as described in any of such provider's offerings 
for broadband internet access service to such household, as on December 
1, 2020.'' Accordingly, providers who participate in the EBB Program 
are only eligible to receive reimbursement for offerings that were 
available on and include the same terms as those available as of 
December 1, 2020. The majority of commenters do not oppose the service 
offering date of December 1, 2020, but some commenters explain that the 
December 1, 2020 date should not limit the ability of providers to 
offer upgrades on top of such existing service offerings to consumers. 
The Commission agrees and finds that participating providers may offer 
free enhancements of service quality elements of a discount-eligible 
internet service offerings but may not increase the price charged for 
that offering. The Commission believes the December 1, 2020 restriction 
is best understood as a method of avoiding arbitrage opportunities and 
waste in the EBB Program by allowing unscrupulous providers to take 
advantage of the increased subsidy available. By referring to offerings 
that were available prior to the enactment of the law, the CAA prevents 
participating providers from increasing prices above the usual market 
rate for their services for the purpose of claiming the maximum 
reimbursement amount. Interpreting that restriction to also restrict 
the ability of participating providers to offer free upgrades to the 
quality of the broadband services provided to eligible households, 
however, such as speed, data caps, and other non-price elements, would 
be contrary to the law's purpose of supporting robust modern broadband 
service during an unprecedented pandemic. The Commission therefore 
permits provider offerings that were available on and include the same 
terms as those available as of December 1, 2020 to include free 
enhancements in quality with respect to such non-price elements.
    68. Minimum Service Standards. The Commission declines to apply 
minimum service standards to covered services for the EBB Program. The 
Commission finds that qualifying internet service offerings must 
include a broadband connection (as defined in section 904(a)(9) of the 
CAA)--fixed or mobile--that permits households to rely on these 
connections for the purposes essential to participating in society 
during the pandemic, such as telework, remote learning, and telehealth. 
A majority of commenters supported this approach, explaining that 
broadband speeds should be sufficient for telework and distance 
learning, and discount-eligible internet service offerings should 
feature speeds comparable to those offered to market-rate customers. 
The Commission also recognizes that Congress did not limit the discount 
to lower-cost broadband plans. Consumers purchasing discounted services 
under the EBB Program qualify for the same protections as those 
purchasing services at standard rates. Thus, providers that offer 
discounted broadband services pursuant to the EBB Program rules, either 
on a standalone or bundled basis, must comply with the same consumer-
protection requirements that apply to the corresponding services that 
they offered on or before December 1, 2020. Thus, providers must 
disclose accurate information regarding the performance 
characteristics, commercial terms, and other features of their 
discounted broadband services to enable consumers to make informed 
choices regarding the purchase and use of such services.
    69. Some commenters also suggested that participating providers 
should offer services that meet the Commission's definition of 
broadband at 25/3 Mbps or encourage the Commission to require high-
capacity, affordable broadband service. Given the emergency nature of 
the EBB Program and the vital need to maximize consumer choice and 
benefits in a short timeframe, the Commission was not persuaded by such 
arguments. By administering the program within the definition of 
``internet service offering,'' and permitting non-ETCs to

[[Page 19546]]

participate, the Commission obviates the need for lengthy service 
obligations and the risk of slow speeds and maintain consumer choice--
allowing consumers to select offerings that work best for their 
household--as well as permit participating providers to serve eligible 
households as quickly as possible during the emergency period. The 
Commission further declines to apply the Lifeline program's minimum 
service standards to covered services for the EBB Program. The 
Commission recognizes that some commenters encouraged it to use 
Lifeline's minimum service standards or the Lifeline program itself as 
a starting point. Indeed, the Commission understands that low-income 
consumers must have access to reliable broadband connections vital for 
basic education, health care, remote work, disability access and public 
safety, but the CAA does not indicate Congressional intent that the 
Commission applies Lifeline's minimum service standards for the EBB 
Program. The Commission is supported in this decision by the measures 
adopted that clarify that participation in the EBB Program does not 
preclude the same household from participating in the Lifeline program 
or other aid programs offered at the state and local level as long as 
participants meet the requirements for such programs. Even though the 
EBB Program is an emergency, temporary program, it will operate 
concurrently with Universal Service Fund programs and other existing 
programs at the state and local levels so eligible consumers can choose 
a broadband connection that meets their connectivity needs.
    70. The Commission, however, anticipates that providers that elect 
to participate in the EBB Program that are already designated as ETCs 
through their participation in other Universal Service Fund programs, 
particularly the Lifeline program, will draw from that experience and 
offer similar or upgraded broadband services. In the EBB Program, the 
Commission anticipates that existing ETCs will continue to offer 
quality and innovative services, and encouraged other broadband 
providers (non-ETCs) to offer service standards that promote robust 
broadband access to vital services.
    71. Bundled Service Offerings. The Commission also recognizes that 
participating providers in the EBB Program may offer qualifying 
broadband service combined with other services, otherwise known as 
bundled service offerings (e.g., voice, data, texting, associated 
equipment). While the CAA does not explicitly direct the Commission 
regarding how to handle bundled broadband service offerings, the 
Commission finds if such bundled service options were offered ``in the 
same manner, and on the same terms'' on December 1, 2020, participating 
providers should be able to apply the monthly discount of up to $50 per 
month, or up to $75 for Tribal lands, to the entire bundled service. 
The Commission draws this conclusion from record support that viewed 
such offerings as enhancing flexibility between participating providers 
and consumers. Also, the Commission draws from its experience with the 
Lifeline program that participating providers in the EBB Program, 
including ETCs that are already adept at applying such a discount in 
the Lifeline program to bundled services, offer bundled service 
offerings to address consumer demands outside of any Commission 
regulation. In contrast to the record support for permitting EBB 
Program reimbursement for broadband bundled services that include voice 
and/or text messaging, there was not similar support for permitting 
reimbursement for the full price of broadband bundled services that 
include video service. The Commission finds that permitting EBB Program 
reimbursement for the full price of a bundle that includes video 
service is not contemplated by the statute and was not necessary to 
ensure that consumers in the EBB Program have robust service choices, 
and the Commission therefore does not permit support for such bundles 
with video service.
    72. The Commission finds that the CAA's requirement that the 
service offerings be offered ``in the same manner'' as they were on 
December 1, 2020, authorized the Commission to support both standalone 
broadband service offerings and broadband service offerings bundled 
with voice, text messaging, and/or associated equipment. For many fixed 
and mobile internet service offerings, it is common to offer broadband 
service as part of a bundle without separating out the price of the 
broadband component and its associated equipment. By permitting 
participating providers to offer broadband in those same bundles in the 
EBB Program, the Commission permits providers to make available 
internet service offerings ``in the same manner'' as they were on 
December 1, 2020.
    73. Associated Equipment and Other Customer Premises Equipment. The 
CAA requires participating providers to make available to eligible 
households a monthly discount off the rate for an internet service 
offering and associated equipment, up to $50.00 per month, and on 
Tribal lands, the monthly discount may be up to $75 per month. In the 
Public Notice, DA 21-6, the WCB also sought comment on how to define 
associated equipment and whether that undefined term should include, 
for example, the monthly rental costs for modems and/or routers that 
are offered as part and parcel of an internet service offering. The 
record overwhelmingly supported including modems, routers, and hotspot 
devices and antennas, if offered as monthly rental costs or part and 
parcel of an internet service offering as eligible for the EBB Program 
monthly discount as of December 1, 2020. Combined with record support 
and recognizing that the CAA does not specifically define or identify 
any associated equipment as it relates to any particular broadband 
service, the Commission finds that associated equipment includes 
equipment necessary for the transmission functions of internet service 
offerings supported through the EBB Program which households may choose 
to receive. Commenters support the Commission's conclusion by 
encouraging the Commission to define the scope of eligible associated 
equipment ``in a technology-neutral manner'' to accommodate household 
choice and the different types of broadband networks. The Commission 
agrees that a technology-neutral approach is appropriate as long as it 
meets the requirements of the CAA. However, the Commission declines to 
include Wi-Fi extenders or repeaters as associated equipment or any 
other customer premises equipment that enhances or extends a broadband 
signal beyond a participating provider's internet service offering. 
First, any associated equipment that enhances or extends a broadband 
signal from its existing coverage area as outlined in the participating 
provider's internet service offering would not be offered ``in the same 
manner, and on the same terms'' as defined in the CAA. Second, these 
types of devices are typically sold as add-on options to a broadband 
connection or sold separately through major manufacturers and are 
therefore not offered as part and parcel of an internet service 
offering. Accordingly, Congress does not clearly allow the Commission 
to include these devices, and if it had intended to do so, it would 
have included such devices in its definition of ``connected devices.'' 
The Commission also notes that the ``associated equipment'' discussed 
in this paragraph must be billed monthly on the same terms and same 
manner as it would have been in an offering available on December 1, 
2020. The price for such associated equipment

[[Page 19547]]

cannot be frontloaded. For example, if a provider has a $30 monthly 
service offering and would have offered a modem for a monthly rental of 
$5 for a total monthly fee of $35, the provider cannot front-load the 
monthly rental fee and charge $20 for four months of a modem rental in 
the first month in order to maximize reimbursement up to the $50 
monthly discount allowed.
    74. Connected Devices. The CAA clearly and narrowly defines a 
``connected device'' eligible for a separate, one-time reimbursement as 
``a laptop or desktop computer or tablet.'' In the Public Notice, DA 
21-6, the Commission sought comment on whether the Commission should 
provide any further clarity regarding connected devices that are 
eligible for reimbursement. The CAA does not leave room for a broad 
interpretation of ``connected device.'' Congress explicitly declined to 
include mobile phones in its definition, and thus the Commission finds 
that the definition of a tablet does not include devices that can 
independently make cellular calls such as large phones or phablets.
    75. Various commenters urge the Commission to fund additional end-
user devices outside the scope of the CAA, including mobile phones 
(i.e., smartphones) and portable Wi-Fi hot spots arguing that these 
devices are capable of supporting video conferencing platforms and 
other software, and limiting such devices could ``impose more financial 
burdens to a student.'' CTIA, for example, explained that ``mobile 
devices from the 4G era or later should qualify as `tablets' under the 
definition'' while ``mobile phones, including feature phones and 
smartphones from the 3G era or earlier, should not qualify as 
``tablets.'' T-Mobile explained ``that certain mobile phones that 
provide similar functionality as a basic tablet'' should be considered 
a ``connected device.'' TDI et al. proposed that devices that enable 
Video Relay Service or internet Protocol Captioned Telephone Service 
should be eligible for reimbursement. Conversely, other commenters 
supported the exclusion of mobile phones, with one commenter opposing 
the inclusion of tablets, as a connected device. Common Sense Media, in 
its comments, excludes cell phones from its research-based list of 
requirements for a robust learning experience, explaining that 
``students and teachers need laptops or tablets capable of meeting the 
distance learning requirements of their curriculum.'' The record also 
indicated that, while tablets are capable of supporting video 
conferencing platforms and other software, commenters expressed caution 
that tablets may require more specific service standards or a broad 
interpretation. Taking into consideration the record, and the narrow 
and specific language in the CAA's definition of a connected device, 
the Commission is unable to expand the definition of connected device 
and concluded that the EBB Program will provide reimbursement for any 
connected device, defined as ``a laptop or desktop computer or 
tablet.''
    76. The Commission next clarifies that participating providers may 
only receive a single reimbursement of up to $100 for one connected 
device per household, and the eligible household must contribute 
towards the cost of the connected device at least $10 but no more than 
$50. The Public Notice, DA 21-6, sought comment on whether eligible 
households should be able to receive more than one connected device 
through the EBB Program, for example, if the household changes 
providers. The Consolidated Appropriations Act provides that a 
participating provider may receive reimbursement for no more than one 
connected device per eligible household, but it is silent as to whether 
households may receive the connected device reimbursement benefit from 
more than one provider. Although some commenters suggested that 
eligible households should receive more than one connected device, the 
Commission finds no legal basis to do so. In order to preserve limited 
funds, ensure that benefits reach the greatest number of eligible 
households, and avoid wasteful spending, the Commission finds that 
households are limited to a single connected device during the EBB 
Program for which a provider seeks reimbursement. The Commission takes 
this position in order to maintain the integrity of the EBB Program--
ensuring that reimbursements, and the subsequent disbursements, for a 
connected device are only processed for valid claims that comply with 
the CAA.
    77. Minimum System Requirements for Connected Devices. In the 
Public Notice, DA 21-6, the WCB sought comment on whether the 
Commission should impose minimum system requirements for connected 
devices supported by the EBB Program. The Commission adopts its 
proposal that a connected device supported by the EBB Program should be 
expected to support video conferencing platforms and other software 
essential to ensure full participation in online learning, should be 
Wi-Fi enabled, and have video and camera functions. The record 
overwhelmingly supported that, at a minimum, connected devices must be 
able to support video conferencing and camera functionality and online 
learning software. Recognizing however that the ongoing COVID-19 
pandemic has compounded challenges for numerous households to maintain 
broadband services, the Commission finds that setting minimum system 
requirements for connected devices could limit consumer choice and 
exacerbate barriers to broadband service that may have existed prior to 
COVID-19. While some commenters suggested specific standards the 
Commission should adopt for connected devices, the Commission declines 
to adopt such standards and instead encourage participating providers 
and interested stakeholders to explore other opportunities, including 
partnering with school districts and state and local programs that may 
provide funding or other avenues for access to end-user devices and 
equipment due to the COVID-19 pandemic. The Commission also expects 
that connected devices be accessible to and usable by people with 
disabilities.
    78. Benefits for Households on Tribal Lands. The CAA also provides 
a discount up to $75 for internet service offerings to eligible 
households on Tribal Lands. The Commission finds that it was vital to 
utilize the EBB Program in an efficient way to help provide more 
households on Tribal lands with affordable, reliable connectivity. The 
Commission adopts its proposal in the Public Notice, DA 21-6, to use 
the same definition of Tribal lands as used in the Lifeline program, 
including certain lands near the Navajo Nation treated as Tribal lands. 
The Commission also allows members of households on Tribal lands to use 
their participation in the same Tribal programs permitted under the 
Lifeline program to qualify for the EBB Program, in addition to other 
permitted means of qualifying. The Commission also adopts its proposal 
to use the processes USAC has in place for identifying the location of 
a household residence.
    79. Many commenters supported the Commission's proposal to use the 
Lifeline program's definition of Tribal lands as well as existing USAC 
processes for verifying eligibility of households on Tribal lands. The 
Commission finds this to be the best and most efficient approach for 
households and participating providers in the EBB Program because it 
will continue to help the Commission quickly address existing 
impediments to connectivity on Tribal lands and allow providers to 
offer EBB Program benefits to a wide-range of households that will, in 
turn, increase

[[Page 19548]]

the number of subscribers of broadband internet access service. The 
Commission therefore declines to use any other definitions suggested by 
commenters that would expand upon the established definitions in the 
Commission Lifeline rules and would accordingly prevent USAC from using 
the existing Lifeline informational tools to identify whether an 
applicant resides on Tribal lands.
    80. With respect to other accommodations to ensure eligible 
households on Tribal lands are able to participate in the EBB Program, 
some commenters encouraged a flexible approach that would use 
additional methods other than USAC databases (i.e., National Verifier, 
NLAD) to verify addresses. The Commission disagrees with such an 
approach and finds that USAC's databases, especially its mapping tool 
in the National Verifier, offered a sufficiently comprehensive process 
for identifying residences on Tribal lands for the EBB Program. 
Additionally, USAC provides multiple other methods for applicants and 
providers to submit residential location data to confirm whether an 
applicant resides on Tribal lands. Expanding or otherwise modifying the 
USAC systems to accommodate new methods would also require additional 
time. To facilitate timely and efficient processing of participating 
providers and eligible households on Tribal lands, the Commission finds 
the benefits of using USAC's existing mapping tool and other address 
verification methods far outweighs commenters' concerns to this action 
and also eliminates time-consuming or wasteful administrative 
processes. The Commission directs USAC to make available its existing 
comprehensive address verification methods to applicants and providers 
in the EBB Program, including providers using their own alternative 
verification process pursuant to the CAA.
    81. Budget and Reimbursement--Emergency Broadband Connectivity Fund 
and Reimbursement for the Emergency Broadband Benefit. The EBB Program 
is funded through the $3.2 billion Emergency Broadband Connectivity 
Fund in the CAA, and does not rely on contributions to the Universal 
Service Fund. The CAA further provides that no more than 2% of the 
Emergency Broadband Connectivity Fund (Fund) or $64 million is to be 
used for the administration of the EBB Program, and funding for the EBB 
Program will remain available until the Fund is expended or six months 
after the end of the Emergency Period as defined in the CAA, whichever 
comes first. The Commission recognizes that while Congress allocated 
that a portion of the Fund be used for the administration of the EBB 
Program, the primary purpose of the Fund is to provide support for the 
households enrolled in the program. To that end, the Commission directs 
USAC, in coordination with the OMD, to re-evaluate no later than three 
months after the start of the EBB Program to determine if there are any 
of its administrative funds that can be used to fund reimbursements for 
service and connected device claims. Moreover, the Commission directs 
USAC to continue to regularly report to the OMD its projected budget 
for its administration of the EBB Program. Based on USAC's initial 
estimates provided to the OMD, USAC's EBB Program administrative costs 
will be under the 2 percent cap, which includes costs associated with 
business process outsourcing, project management, IT professional fees, 
and call center activities. Pursuant to the terms of the Memorandum of 
Understanding between USAC and the Commission, USAC and the Commission 
will not incur administrative costs beyond the $64 million cap.
    82. The emergency nature of the EBB Program requires a prompt 
processing of claims that ensures participating providers, including 
those who currently have no relationship with USAC, receive 
reimbursement for valid claims for services and connected devices 
provided to eligible households. To ensure that there is a mechanism 
for disbursing funds to providers that balances the need to guard 
against waste, fraud, and abuse in the EBB Program with the need to 
reimburse valid claims quickly and efficiently, the Commission adopts 
the following requirements for the reimbursement process.
    83. Lifeline Claims System. The Commission recognizes the 
importance of using existing, functional systems such as the NLAD and 
the Lifeline Claims System to ensure that EBB Program providers can 
submit timely reimbursement claims yet are not claiming support for the 
same household. The NLAD plays a vital role in ensuring that providers 
can only claim subscribers enrolled in NLAD on the first of each month 
and the information captured in NLAD serves as the basis for claims in 
the Lifeline Claims System. As with Lifeline, the Commission requires 
providers in the EBB Program to transmit to the NLAD the required 
information necessary to uniquely identify households. To help maintain 
the integrity of the EBB Program and to facilitate efficient processing 
of reimbursement claims, the Commission adopts the proposal in the 
Public Notice, DA 21-6, to use USAC's Lifeline Claims System to 
reimburse providers for the provision of covered devices, services and 
associated equipment to eligible households. The Lifeline Claims System 
is the online filing system hosted by USAC that service providers use 
to submit claims for reimbursement for service they provide to Lifeline 
customers. In the Lifeline program, providers are required to submit a 
reimbursement request through the Lifeline Claims System based on the 
number of subscribers enrolled in the NLAD on a specific date each 
month, called a snapshot date. Providers are instructed to review the 
snapshot report from NLAD for all of the provider's households in NLAD 
as of that date, validate the households for which they wish to seek 
reimbursement, or indicate a reason for not claiming reimbursement for 
other households on the report, and review, correct, and certify the 
requested reimbursement amount. The Commission employs the same process 
for reimbursing providers in the EBB Program. The Commission directs 
USAC to make the Lifeline Claims System available to EBB Program 
providers, once they are approved to participate in the program, 
subject to USAC system access requirements.
    84. Commenters generally support the WCB's proposal to use the 
Lifeline Claims System for managing reimbursements, stating that the 
use of an existing USAC platform will avoid unnecessary delays that 
would result from developing a new reimbursement platform for use in 
the EBB Program. Some noted the importance of issuing reimbursements 
quickly, particularly for smaller providers that may find it 
financially difficult to wait months for reimbursement. The Information 
Technology and Innovation Foundation (ITIF) contends that using the 
Lifeline Claims System for managing reimbursements will ``expedite[ ] 
financial recovery by providers to ensure stability while also 
leveraging a tested, already established system with Lifeline.'' Other 
commenters, such as the National Consumer Law Center and the United 
Church of Christ OC, Inc. (NCLC and UCC) noted that using the Lifeline 
Claims System will provide integrity to the EBB Program by helping to 
ensure that the funds are directed to providers and consumers for 
eligible services and connected devices.
    85. Uniform snapshot date. The disbursement of EBB Program claims 
will be based on the number of Program subscribers enrolled with a 
provider in the NLAD as of the first of each month. The first of the 
month will serve as the

[[Page 19549]]

uniform snapshot date. When establishing the uniform snapshot date for 
Lifeline, the Commission finds that the practice would (1) reduce the 
risk that the EBB Program would reimburse multiple providers for 
serving the same customer in a month; (2) assist with the adoption of 
uniform audit procedures; and (3) aid in the calculation of support 
based on the number of subscribers that a service provider has listed 
in NLAD. Commenters also recognized the value of establishing a uniform 
snapshot date for use in the EBB Program. For example, T-Mobile stated 
that applying the uniform snapshot date will simplify the enrollment 
and reimbursement process in the EBB Program as it currently does for 
Lifeline. The Commission agrees that the uniform snapshot date brings 
efficiencies to the reimbursement process by restricting support to 
those eligible subscribers that are enrolled in NLAD on the first of 
each month and removing any uncertainty that would come with a 
requirement for providers to claim subscribers on a pro-rata basis in 
the event households receive service for less than the full month. On 
the other hand, employing a method that allows for partial claims would 
be cumbersome to administer and would make it difficult for USAC to 
track disbursements from the Emergency Broadband Connectivity Fund. The 
Commission finds it most efficient to require providers to claim 
subscribers that are enrolled in NLAD as of the first of the month 
regardless of how many days in the month the provider was providing 
service to the subscriber.
    86. Program-wide use of NLAD for reimbursements. The Commission 
also establishes that NLAD will be used as a tool for reimbursement 
calculations and duplicate checks in all states, territories and the 
District of Columbia, regardless of a state's NLAD opt-out status for 
purposes of the Lifeline Program. Uniformity in the ways providers 
interact with the Lifeline Claims System and other USAC systems is 
essential in ensuring that the EBB Program operates efficiently, which 
is a priority given the emergency and temporary nature of the Program. 
Asking USAC to develop and administer different reimbursement processes 
for different states would delay the implementation of this emergency 
program and potentially burden state administrators. Moreover, the 
Commission recognizes the need for non-ETC providers to quickly become 
familiar with the reimbursement process to ensure that claims are made 
correctly and to reduce the need for revisions. Having multiple 
reimbursement processes would further complicate the EBB Program and 
lead to confusion among providers who are not familiar with existing 
Lifeline processes, particularly in opt-out states. This uniform 
approach and program-wide reliance on the NLAD for the generation of 
the snapshot report is important in facilitating the swift processing 
of reimbursement claims.
    87. Certification requirements. To submit their reimbursement 
claims for broadband internet access service provided to eligible 
households, the Commission requires participating providers to review 
their snapshot report and validate the eligible households for which 
they are requesting reimbursement. The provider shall confirm that the 
reimbursement amount matches the amount of the monthly service or 
connected device for which the participating provider is permitted to 
seek reimbursement and make any corrections to the amount as necessary. 
The Commission also requires providers to review the snapshot report 
and to confirm that households receiving a fully subsidized service 
have used the service during the relevant period. If a household has 
not used their service during the relevant period, then the provider 
shall not submit a reimbursement claim for service provided to that 
household until the service is used and the non-usage is cured. To add 
more accountability and to help ensure that only service that 
subscribers are using is funded through the EBB Program, the Commission 
requires that providers certify that their EBB Program service claims 
for reimbursement meet the usage requirements. To ensure that the 
Program is supporting broadband service that is actually being used, 
the Commission will not permit providers to seek reimbursement for a 
service month in which a household did not meet the usage requirements, 
even if the household meets the usage requirements in subsequent 
months.
    88. Additionally, the Commission requires providers to make the 
certifications, including those set forth in the CAA when submitting a 
reimbursement claim. The CAA requires that in order to receive 
reimbursement from the Emergency Broadband Connectivity Fund, the 
providers shall make several certifications regarding the accuracy of 
their claims, compliance with the requirements of the EBB Program and 
various consumer protection-related provisions. Specifically, the CAA 
requires that providers certify that the amount for which they are 
seeking reimbursement from the Emergency Broadband Connectivity Fund is 
not more than the standard rate, and that each eligible household for 
which the provider is seeking reimbursement for providing internet 
service has not or will not be charged (1) for that offering if the 
standard rate for that offering is less than or equal to the amount of 
the EBB Program benefit for that household; or (2) more for that 
offering than the difference between the standard rate for that 
offering and the amount of the EBB Program benefit for that household. 
The provider is also required to certify that each eligible household 
for which it is seeking reimbursement will not be required to pay an 
early termination fee, was not after December 27, 2020, subject to a 
mandatory waiting period for the covered broadband internet service, 
and will otherwise be subject to the provider's generally applicable 
terms and conditions as they are applied to other customers. Moreover, 
providers are required to certify that each household for which they 
are seeking a reimbursement for a connected device has been charged 
more than $10 and less than $50 for the connected device. Finally, for 
providers that are claiming households that they determined to be 
eligible to enroll in the EBB Program through the alternative 
verification process, providers must provide a description of that 
verification process and certify that the process was designed to avoid 
waste, fraud, and abuse and has been approved by the Commission as 
required by section III(B) of the RO.
    89. The Public Notice, DA 21-6, proposed that these certifications 
accompany each reimbursement claim, in addition to an annual 
certification submitted by participating providers. Commenters did not 
object to this certification, although some asked for additional 
certifications while others requested that the Commission not require 
certifications beyond those listed in the CAA. The Commission finds 
that certifications, along with the possibility of audits, are a vital 
tool for managing waste, fraud, and abuse. While the certifications 
required by the CAA address many of the Program requirements, the 
Commission finds that additional certifications are necessary to ensure 
compliance with Commission's requirements that it finds essential to 
help guard against waste, fraud, and abuse in the EBB Program. 
Accordingly, the Commission directs USAC to make any adjustments 
necessary to the Lifeline Claims System to ensure that providers are 
prompted to certify that their reimbursement claims meet the usage 
requirements and to

[[Page 19550]]

certify the statements included in section 904(b)(6) of the CAA. The 
Commission further directs USAC, in coordination with the WCB, to 
develop an annual certification for all participating providers and a 
process for its submission. As discussed in the following, the 
Commission also adopts additional certifications to accompany 
reimbursement claims for connected devices distributed through the EBB 
Program.
    90. As well-established in the record, the Emergency Broadband 
Connectivity Fund has limited funding and the Commission must make 
every effort to ensure that the Commission maximizes the use of these 
funds to serve as many eligible households as possible, including 
responsibly leveraging EBB Program funding with other sources of 
support. To that end the Commission requires participating providers 
that are applying both the Lifeline discount and the Emergency 
Broadband Benefit to a household's supported broadband service to apply 
the full Lifeline discount first before calculating the reimbursement 
amount claimed under the EBB Program. This approach responsibly 
stewards limited EBB Program funding where Lifeline support is 
available and is consistent with the requirements of Sec.  54.403(b) of 
the Commission's rules regarding the application of the Lifeline 
support amount.
    91. Reimbursement for Connected Devices. EBB Program providers can 
also seek up to $100 reimbursement for a connected device provided to a 
household satisfying the requirements set forth in the RO and as long 
as the household has been charged more than $10 but less than $50 for 
the device. To facilitate the efficient review and processing of 
reimbursement claims for connected devices, the Commission directs USAC 
to modify the Lifeline Claims System to manage these claims. Because 
the Consolidated Appropriations Act limits the connected device 
reimbursement to providers who are providing the EBB Program benefit to 
the household, the Commission requires that claims for connected 
devices must be made concurrent with or after the provider's first 
reimbursement claim for service for that household. To ensure that a 
household does not receive more than one connected device for which a 
provider has received reimbursement from the EBB Program, providers are 
also required to confirm in NLAD that no reimbursement claim for a 
connected device has been made for that household.
    92. Some commenters agreed with the proposal in the Public Notice, 
DA 21-6, to require providers to certify that the household receiving 
the device is an EBB Program beneficiary and that the household has 
been charged the required co-pay for the device. To help make the 
Emergency Broadband Connectivity Fund last as long as possible, Public 
Knowledge urged the Commission to require providers to prove the retail 
value of the connected device to ensure that the provider is not 
receiving a reimbursement that exceeds the value of the device. The 
Commission acknowledges the need to balance speedy and efficient 
processing of reimbursement claims with the need to protect the 
integrity of the EBB Program by ensuring the reimbursements are only 
processed for valid claims that comply with the requirements of this 
Order. To that end, to ensure the quick reimbursement of valid claims 
for connected devices, USAC will not be required collect and review 
documentation before processing a reimbursement claim. Instead, the 
Commission requires providers, under penalty of perjury, to certify 
that the connected device meets the Commission's requirements, that the 
reimbursement claim amount reflects the market value of the device, 
that the household has been charged a compliant co-pay amount, and that 
the connected device has been delivered to the household. Providers are 
instructed to retain any materials that document compliance with these 
requirements, including the device type (e.g., laptop, tablet, mobile 
hotspot, modem, gateway, router, antenna, receiver, or satellite dish) 
and device make and model. The Commission finds that requiring 
certifications under penalty of perjury along with the possibility of 
an audit will help to encourage compliance with EBB Program 
requirements and reduce the incidence of improper payments.
    93. Timing of Reimbursement Claims. The EBB Program is a limited 
duration program with limited funds, and it is important that the 
Commission is able to project accurately when those funds will run out. 
To this end, USAC must have actual reimbursement claims information 
from providers as soon as possible after each service month. USAC will 
use this claims information for reporting the disbursement information 
to the public and for creating a forecast for the projected final month 
of the EBB Program, both of which are discussed in the following. To 
ensure that this claims information is submitted to USAC by providers 
in a timely manner so that it can be used to administer the program 
efficiently, and so providers can receive timely reimbursement for the 
discount they provide to households, the Commission established a 
limited time period during which providers can submit reimbursement 
claims. The process for submitting a reimbursement claim will largely 
track the process in the Lifeline program, where a snapshot report of a 
provider's enrolled subscribers as of the first of the month is sent to 
the provider. Providers will then have until the 15th of each month, or 
the following business day in the event the 15th falls on a weekend or 
holiday, in which to submit to USAC their reimbursement claims for both 
service and connected device support for households captured on the 
snapshot report. For those providers seeking to have their 
reimbursement claim processed quicker, they must review and certify 
their reimbursement claims sooner, as established by USAC.
    94. The record was clear that there is universal support for 
accurate and timely reporting of reimbursement information so that 
providers and the public can make informed decisions regarding their 
participation in the EBB Program. Providers can help the Commission 
ensure that USAC is collecting nearly real-time claims information by 
submitting their accurate reimbursement claims as soon as possible and 
within that 15-day period. Moreover, given the importance of the 
projection of the program's end date as it relates to the smooth 
administration of the end of the EBB Program, the Commission trusts 
that providers will do their part in ensuring that USAC has 
reimbursement claims information as soon as possible. The Commission 
also believes providers will be motivated to receive reimbursements as 
soon as possible. To that end, to ensure the timely filing of 
reimbursement claims so that USAC's projections are reliable and based 
on current activity in the EBB Program, the Commission finds it 
necessary to restrict the processing of reimbursement claims to those 
submitted by the deadline set for each month--either the 15th of that 
month or the following business day in the event that the 15th falls on 
a holiday or weekend. Reimbursement claims submitted after that 
deadline will not be processed. Therefore, providers are strongly 
encouraged to submit their claims as soon as possible.
    95. To further support the Commission effort to track disbursements 
and to provide a projection for the depletion of the Fund that is based 
on the most accurate and up-to-date household and disbursement 
information, the Commission is

[[Page 19551]]

prohibiting providers from revising previously submitted claims 
associated with the provision of EBB Program services and connected 
devices. The Commission expects that this limitation will encourage 
providers to be especially cautious when reviewing reimbursement claims 
prior to submission to ensure accuracy. Moreover, preventing changes to 
prior disbursements will give the Commission, USAC, providers and 
households confidence in the reported disbursement amounts. Providers 
are required to certify to the accuracy of reimbursement claims and 
that the United States, the Commission, and USAC retain the right to 
pursue recoveries as well as take enforcement action for any claims 
improperly disbursed from the Fund. Additionally, to help support 
USAC's efforts to project the end of the EBB Program, the Commission 
sought participating providers' cooperation and request that they 
transmit to NLAD the amount they intend to claim for service and 
connected device support for each household they enroll in NLAD. While 
the reimbursement amount processed for the provider will be based on 
the amount contained in the provider's certified reimbursement claim 
submitted through the Lifeline Claims System, the information 
transmitted to NLAD will, in part, be relied upon for calculating the 
EBB Program's projected end date. The Commission encourages providers 
to transmit a good faith estimate of the monthly support amount for 
service and any device provided to the household through the EBB 
Program within seven days of enrolling the household in NLAD.
    96. USAC training and support. Finally, the Commission recognizes 
that the EBB Program will attract a variety of broadband providers, 
including those with no prior experience with USAC and its systems. To 
provide guidance on the reimbursement claims process, the Commission 
directs USAC, subject to the oversight of the OMD and the WCB, to 
conduct extensive training, including webinars, to distribute 
instructions, and otherwise to provide support to broadband providers 
considering participation in the EBB Program. The Commission further 
directs USAC to ensure that interested providers are given access, 
subject to system and USAC requirements, to the USAC systems essential 
for the management and processing of reimbursement claims.
    97. Payment Administration. While USAC will be administering the 
EBB Program, as permitted under section 904(i)(5) of the CAA, and 
pursuant to the terms of the MOU between the Commission and USAC that 
authorizes the use of USAC for the administration of the EBB Program, 
the Commission must authorize the payments from the Emergency Broadband 
Connectivity Fund in the United States Treasury to providers who have 
submitted valid claims for reimbursement. In the RO, the Commission 
describes steps to remove impediments to participation in the EBB 
Program for those providers that would otherwise be prohibited from 
receiving reimbursements due to unpaid debts to the Commission or which 
the Commission has referred to the United States Department of the 
Treasury (Treasury). The Commission also provides guidance on the 
information providers must be prepared to provide to ensure timely 
payment of reimbursement claims from the Fund.
    98. Red Light Rule. The Commission finds that there is good cause 
to suspend the Commission's red light rule for the EBB Program and that 
doing so will serve the public interest. To implement the requirements 
of the Debt Collection Improvement Act of 1996, the Commission 
establishes what is commonly referred to as the ``red light rule,'' 
although the red light rule itself is not a statutory requirement and 
therefore can be waived by the Commission. Under the red light rule, 
the Commission will not take action on applications or other requests 
by an entity that is finds to owe debts to the Commission until full 
payment or resolution of that debt.
    99. Generally, the Commission's rules may be waived for good cause 
shown. The Commission may exercise its discretion to waive a rule where 
the particular facts make strict compliance inconsistent with the 
public interest. In addition, the Commission may take into account 
considerations of hardship, equity, or more effective implementation of 
overall policy on an overall basis.
    100. The Commission finds that the temporary nature of this 
emergency program and the enduring disruption caused by the COVID-19 
pandemic justify a waiver of the red light rule. In order to encourage 
provider participation and facilitate consumer choice in the EBB 
Program, the Commission finds that it is in the public interest and 
that good cause exists to waive the red light rule with respect to 
providers submitting otherwise valid claims for reimbursement in the 
EBB Program. Allowing more providers to participate in the EBB Program, 
even those who may be in red light status, is a crucial step in 
expanding the broadband service options available to low-income 
consumers through the EBB Program. The Commission issues this waiver to 
ensure that otherwise eligible broadband providers are not discouraged 
from participating in the EBB Program for fear that a debt owed to the 
Commission would prevent them from receiving reimbursement. To be 
clear, this waiver is limited only to participation of providers in the 
EBB Program and does not affect the Commission's right or obligation to 
collect any debt owed by an applicant by any other means available to 
the Commission, including by referral to the Treasury for collection.
    101. Treasury Offset. The Treasury has a number of collection 
tools, including its offset program, known as the Treasury Offset 
Program (TOP), pursuant to which it collects delinquent debts owed to 
Federal agencies and states by individuals and entities, by offsetting 
those debts against Federal monies owed to the debtors. EBB Program 
providers that owe past-due debt to a Federal agency or a state may 
have all or part of their EBB Program payments offset by Treasury to 
satisfy such debt. Prior to referral of its debt to Treasury, a 
provider is notified of the debt owed, including repayment 
instructions. If the referred debt of an EBB Program participating 
provider remains outstanding at the time of a payment from the EBB 
Program to that provider, the provider will be notified by Treasury 
that some or all of its EBB Program payment has been offset to satisfy 
an outstanding Federal or state debt. EBB Program providers are 
required to pass the EBB Program discount to the customer for the 
service or connected device claimed even if Treasury offsets the 
payment for such service or device against debt owed by the provider. 
EBB Program providers that owe past due Federal or state debts are 
encouraged to resolve such debts and in doing so, consult the TOP 
Frequently Asked Questions for the Public, available at https://fiscal.treasury.gov/top/faqs-for-the-public.html, for delinquent debt 
that has been referred to Treasury, and for delinquent debt that the 
Commission has not yet referred to Treasury, consult https:/
www.fcc.gov/general/red-light-frequently-asked-questions.
    102. Additional Requirements. To be eligible to receive 
disbursements from the Emergency Broadband Connectivity Fund, providers 
must obtain and report an FCC Registration Number (FRN). Persons or 
entities doing business with the Commission are required to obtain an 
FRN, a unique identifier that is obtained through the Commission 
Registration System (CORES).

[[Page 19552]]

Participating providers are directed to obtain an FRN if they do not 
already have one and report it as directed by USAC or the Commission.
    103. All entities that intend to provide service through the EBB 
Program must also register with the System for Award Management (SAM). 
SAM is a web-based, government-wide application that collects, 
validates, stores, and disseminates business information about the 
Federal Government's partners in support of Federal awards, grants, and 
electronic payment processes. Registration in the SAM provides the 
Commission with an authoritative source for information necessary to 
provide funding to applicants and to ensure accurate reporting pursuant 
to the Federal Funding Accountability and Transparency Act of 2006, as 
amended by the Digital Accountability and Transparency Act of 2014 
(collectively the Transparency Act or FFATA/DATA Act). Only those 
providers registered in SAM will be able to receive reimbursement from 
the Emergency Broadband Connectivity Fund. EBB Program providers that 
are already registered with SAM do not need to re-register with that 
system in order to receive payment from the Emergency Broadband 
Connectivity Fund. Broadband providers not yet registered with SAM may 
still elect to participate in the EBB Program, enroll eligible 
customers and receive program commitments. Active SAM registration, 
however, is required for an eligible provider to receive a payment from 
the EBB Program. Furthermore, participating providers may be subject to 
reporting requirements. To the extent that participating providers 
subaward the payments they receive from the EBB Program, as defined by 
FFATA/DATA Act regulations, providers may be required to submit data on 
those subawards.
    104. Do Not Pay. Pursuant to the requirements of the Payment 
Integrity Information Act of 2019 (PIIA), the Commission is required to 
ensure that a thorough review of available databases with relevant 
information on eligibility occurs to determine program or award 
eligibility and prevent improper payments before the release of any 
Federal funds. To meet this requirement, the Commission and USAC will 
make full use of the Do Not Pay system administered by the Treasury's 
Bureau of the Fiscal Service. If a check of the Do Not Pay system 
results in a finding that an EBB Program provider should not be paid, 
the Commission will withhold issuing commitments and payments. USAC may 
work with the EBB Program provider to give it an opportunity to resolve 
its listing in the Do Not Pay system if the provider can produce 
evidence that its listing in the Do Not Pay system should be removed. 
However, the EBB Program provider will be responsible for working with 
the relevant agency to correct its information before payment can be 
made by the Commission.
    105. Tracking and Reporting of Available Funding. While the 
Commission considers carefully many of the details of the 
implementation of the EBB Program, the amount of appropriated funds is 
finite and it must also prepare for a transition when funds are 
exhausted. The CAA provides that the EBB Program will conclude upon the 
earlier of six months after the end of the emergency period or when the 
amount in the Fund is exhausted. At the conclusion of the EBB Program 
when the discount is eliminated, participating households will be 
subject to their provider's ``generally applicable terms and 
conditions.'' The Commission agrees with commenters that the Emergency 
Broadband Connectivity Fund may well be depleted before the end of the 
emergency period, which means that the benefit on which households have 
been relying to afford broadband service may disappear while the public 
health emergency is ongoing. To prepare providers and households for 
the end of the program and the benefit, commenters stressed the 
importance of transparency regarding the financial state of the EBB 
Program and have urged the Commission to track and report disbursements 
from the program at frequent intervals so that the public can 
anticipate the end of the program.
    106. Commenters recommended the creation of a tracker that displays 
the number of enrollments and amounts of disbursements made from the 
Emergency Broadband Connectivity Fund. Some commenters suggested that 
the tracker be updated either in real-time, or on a weekly or monthly 
basis. Commenters also urged the Commission to display disbursements 
and enrollment activity by different geographic levels or by provider, 
and to provide additional information about the programs through which 
EBB Program customers are qualifying. Commenters argued that providers 
need this information prepare their customers for the elimination of 
the benefit.
    107. The Commission agrees that tracking and reporting on 
disbursement and program enrollment activity will be an essential tool 
for managing the EBB Program and for developing an informed forecast of 
the end of the EBB Program. Given the anticipated limited duration of 
the EBB Program, the Commission further agrees with commenters that 
clear and frequent updates on the remaining funds available will help 
give participating providers the data they need to begin the process of 
providing notice to subscribers about the end of the benefit and 
preparing them for a potential transition to other broadband options. 
The Commission will develop and publish online a tracker that, at a 
minimum, displays (1) the number of EBB Program households enrolled in 
NLAD; (2) the number of net new households enrolling into the EBB 
Program each week; and (3) the total dollar amount of the reimbursement 
claims approved to date, disaggregated by monthly amounts for internet 
access service and associated equipment, as well as connected devices, 
with historical data remaining so that the public can monitor any 
trends in the disbursement rates between updates. The Commission 
directs USAC, subject to the oversight of the WCB and the OMD, to 
develop this tracker and make it available on USAC's website as well as 
the Commission's website. The posted information shall be updated at 
least every two weeks by USAC, with the goal of weekly updates as the 
EBB Program ramps up.
    108. The Commission declines to require that USAC post detailed 
information about EBB Program activities by geographic region, finding 
that such information would not be essential for informing providers 
and the public about the status of the program, which is the 
Commission's more immediate goal. USAC should focus its resources on 
what is necessary to successfully administer the implementation of the 
EBB Program and its wind-down. However, the Commission agrees that more 
information about the communities the EBB Program serves could help the 
Commission evaluate the success of this program and could inform future 
broadband-related initiatives. Therefore, to be transparent about 
participation in the EBB Program, the Commission directs USAC to submit 
a report to the Commission that provides information about how 
households qualified for the EBB Program, the claimed support amounts 
for connected devices and services, the geographic locations of 
consumers at the county level, and other information that the WCB, in 
consultation with USAC, believes would be essential for evaluating the 
program. This report shall be filed with the WCB no more than six 
months after the initiation of the EBB Program, with

[[Page 19553]]

updates submitted as necessary to capture additional information about 
the EBB Program and participating households obtained after the 
submission of the report.
    109. Program Sunsetting. The Commission goal is to provide an 
informed projection of the exhaustion of funds for the EBB Program so 
USAC and the Commission can effectively manage the disbursement of the 
remaining funds and ample notice is provided to households, providers 
and other stakeholders. The Commission is especially concerned about 
the elimination of the benefit and the impact it could have on 
households, including unexpected or larger bills, and disruption or 
even termination of the broadband service. Accordingly, the Commission 
adopts procedures designed to ensure that households are informed that 
the program is temporary and the benefit will terminate at the end of 
the program, to provide notice to all stakeholders of the forecasted 
end of the program, and to manage the program to ensure that the 
remaining funds are disbursed equally to providers and allow for a 
transition for households off the EBB Program.
    110. The first step in administering the end of the EBB Program is 
to predict fund exhaustion based on enrollment activity, disbursement 
levels, and other relevant information. Commenters argued that 
stakeholders will require advanced notice of the end of the program, in 
addition to the EBB Program activity posted on a tracker, to prepare 
their customer service representatives, billing systems, and customers 
for the elimination of the subsidy. The Commission cannot predict at 
this time when the Emergency Broadband Connectivity Fund will be 
depleted, but as households enroll in the EBB Program and providers 
begin to submit claims for reimbursement, the Commission anticipates a 
clearer picture of the interest in the program and the rate at which 
funds will be withdrawn. The Commission recognizes that a greater 
understanding of the timing of the end of the EBB Program and the 
procedures the Commission and USAC will employ to manage the remaining 
funds and reimbursement claims will create greater confidence in the 
EBB Program and help households navigate the end of the subsidy.
    111. First, the Commission directs USAC to develop a method, 
subject to the oversight of the Office of Managing Director, the Office 
of Economics and Analytics, and the WCB, to forecast when the Fund will 
be able to pay out reimbursement claims only for another 75 to 90 days. 
The forecast shall take into account the Commission commitment that in 
the final month of disbursements, the remaining balance in the Fund 
will be able to provide at least 50% of each claim for service or 
connected devices to assist households and providers with the 
transition. Once USAC has identified when the Fund will be depleted 
using submitted claims and other relevant information, USAC will notify 
providers and the public of the expected exhaustion of the Fund and the 
month in which USAC expects to pay out final claims. Administering this 
finite Fund presents administrative challenges, particularly given that 
the Commission is unable to predict at this time the demand in the EBB 
Program and the rate of at which households will enroll in the program 
in the beginning weeks of the program. Given these challenges, the 
Commission has endeavors to provide at least 60 days' notice before the 
end of the Program. This notice will be posted on the USAC and 
Commission websites at least 60 days prior to the final snapshot date 
that coincides with the forecasted final month of the Program. This 
notice should be sufficient to allow providers to make an informed 
decision about whether to plan to claim their EBB Program subscribers 
in the final month and possibly receive a partial reimbursement claim 
for the service provided, or to transition those subscribers off their 
service.
    112. Some commenters suggested 30 days' notice of the end of the 
program would be adequate whereas others argued that 90 days are needed 
to ensure that providers have ample time to provide notice to their 
customers. CTIA suggested that providers have at least 60 days' notice 
to wind down their participation in the EBB Program. The Commission 
finds that 60 days' notice of the termination of the EBB Program 
strikes a balance between the need for USAC to have enough data to 
accurately forecast the end of the program with the need to offer 
enough time for providers to notify their customers and work with them 
on a post-program broadband solution. This is an emergency program and 
as such, requires all stakeholders to work expeditiously in ensuring 
that the Commission is serving low-income households and helping to 
meet their broadband needs during the pandemic. Moreover, the 
Commission finds that 60 days' notice is reasonable given other 
existing Commission requirements for service providers to notify their 
subscribers in advance of a possible change or disruption in their 
service, and the Commission expects that providers will be able to 
adjust their systems as necessary to provide such notice just as they 
would need to in these other contexts.
    113. Second, in the event that reimbursement claims in the final 
month exceed the amount of remaining funds, reimbursements for both 
service and connected device claims will be paid out on a reduced, pro-
rata basis, but in no circumstances will the reimbursement be less than 
50% of the provider's claim for that final month. For example, if the 
remaining balance in the Fund is sufficient to pay 80% of each 
reimbursement claim submitted in that final month, the Fund will pay 
out 80% of each claim on a pro-rata basis, thus depleting the Fund and 
ending the EBB Program. In this scenario, a provider can expect to 
receive a $40 disbursement if they would otherwise submit a service 
claim for $50, and the subscriber would be responsible for payment of 
the additional $10 for that service month. While the Commission took 
steps in the RO to ensure that USAC has the most up-to-date claims 
information available to support its projection analysis and to avoid a 
scenario where the amount in the Fund will be insufficient to offer a 
reimbursement of at least 50% on claims in that final month, the 
Commission recognizes that in order to responsibly manage the Fund, the 
Commission must prepare for this scenario. In the final months of the 
EBB Program, after the end date has been forecast, the Commission 
directs USAC to continue to monitor Program activity to determine 
whether the Fund will be able to support at least 50% of the claims, 
paid out on a pro-rata basis, in the expected final month of the EBB 
Program. If USAC's analysis indicates that the Fund will not be able to 
meet this 50% threshold, USAC shall immediately notify the WCB, the 
Office of Economics and Analytics, and the Office of Managing Director. 
If Commission staff agrees with USAC's analysis, the WCB will direct 
USAC to pause the reimbursement process for that final month. For 
example, in the event that the remaining balance in the Fund could only 
pay 30% of each anticipated claim for support, the Fund will not issue 
any disbursements in that month. In that situation where the remaining 
funds cannot guarantee at least a 50% disbursement on claims in that 
final month, the Commission will determine how best to use the 
remaining funds consistent with the CAA.
    114. The Commission recognizes that uncertainty in the subsidy 
amount for the final month presents challenges for households and for 
providers as they

[[Page 19554]]

manage their participation in the EBB Program and as providers 
communicate to households regarding expectations for the final month. 
By establishing a 50% floor for the final month of reimbursement, the 
Commission balances the compelling interest in avoiding extreme price 
increases for eligible households while transitioning households off 
the subsidy, with its obligation to maximize the effectiveness of EBB 
Program funds by ensuring that as much of the Fund supports services to 
the greatest number of low-income households. Reimbursing each claim on 
a pro-rata basis in the final month of the program, regardless of the 
amount the provider would be entitled to, helps the Commission fulfill 
that mandate. The Commission recognizes the 50% floor could result in 
some funds being left unspent for a short while, and would require 
additional Commission direction on the use of the remaining funds, but 
by implementing this approach it is ensuring that the final month of 
the program provides a substantial subsidy to help households 
transition off the program. The Commission also anticipates that USAC's 
projections will provide enough advance notice of this possibility to 
allow both households and providers to plan accordingly.
    115. The Commission declines to adopt a policy suggested by 
commenters that would structure the subsidy so eligible households 
would receive the benefit for a determined time period. The Commission 
finds that such a mechanism would restrict household participation in 
the EBB Program in order to guarantee benefits to a more limited number 
of households for the set period, and would also require USAC to deny 
enrollment to otherwise eligible households. Given its obligation to 
maximize the effectiveness of the EBB Program, the Commission finds it 
could not adopt a regime that would limit the low-income households 
benefitting from this program. Maximizing the number of households 
while guaranteeing at least a 50% benefit in the final month balanced 
the need to serve as many households as possible while ensuring that 
households can rely on a substantial benefit in the final month of the 
EBB Program.
    116. Relatedly, several commenters suggested that the Commission 
reserve a portion of the funding for households that do not already 
have broadband service connections. Education Super Highway noted that 
funding is unlikely to meet the demand for the EBB Program, and that 
those without a broadband connection may have a more difficult path and 
be at a disadvantage in applying for the program given the provider-
centric design of the EBB Program. While the Commission understands 
these concerns, the Commission declines to set aside any portion of the 
funding for unconnected households. The CAA does not include any 
prioritization for how funding should be distributed to eligible 
households, and the Commission finds that it is appropriate to provide 
the benefit to eligible households without regard to their current 
level of broadband service. Moreover, the Commission expects the 
outreach efforts discussed in the following would help unconnected 
households enroll in the EBB Program.
    117. Because of the uncertainty in the reimbursement amount for the 
final month, once notice of the projected end date has been issued, the 
Commission must limit volatility in the program claims that could 
materially change the projected end date. As a result, the Commission 
will freeze enrollments of new households at the time the notice is 
issued. To more smoothly administer the end of the program, providers 
and households must have confidence that the Fund can support claims 
made up until the forecasted end date. The Commission recognizes that 
this enrollment freeze will restrict access to the program for 
households wishing to enroll in the program's waning weeks, but the 
Commission notes that the EBB Program will operate without any cap on 
the number of eligible households that will be able to enroll before 
that time. The Commission finds that an enrollment freeze at the end of 
the program allows the Commission to serve the greatest number of 
eligible low-income households while responsibly managing the remaining 
funds in the final weeks of the program. Therefore, the Commission 
directs USAC, under the oversight of the OMD and the WCB, to develop 
procedures for implementing this enrollment freeze.
    118. Notice to consumers. In the Public Notice, DA 21-6, the WCB 
acknowledged that customers will need to be notified prior to or upon 
enrollment in the EBB Program of the temporary nature of the program 
and that they will be subject to the general terms and conditions of 
the broadband service they receive through the EBB Program if they 
continue to take that service after the program's conclusion.
    119. Commenters agreed that notice at the time of enrollment is 
essential especially given that no one can state with confidence at the 
outset how long the program will last. Public Knowledge stated that 
providers must be ``fully transparent with consumers, at the time of 
sign-up, about these factors.'' Hughes Network Systems agreed that 
providers must have a responsibility in notifying subscribers at the 
time of enrollment that the program will end when the funds are 
depleted or when the emergency period ends. To ensure that customers 
are given notice at or before initial enrollment that the EBB Program 
benefit provides a temporary discount on their broadband service bill, 
that discount will not be applied to their bill, the Commission directs 
USAC, in consultation with the WCB, to publish language describing the 
limited duration of the benefit and the potential impact on the 
customer's bill at the end of the program on USAC's relevant consumer-
facing websites, any USAC-provided application and the National 
Verifier, and other educational materials.
    120. Providers also play an important role in ensuring that their 
customers are informed about the temporary nature of the EBB Program. 
Providers will have a direct relationship with their customers, and as 
such, have a responsibility to ensure that these customers have the 
information they need to make an informed decision about the broadband 
service product they subscribe to supported by the EBB Program. 
Accordingly, the Commission directs USAC and providers to include on 
their EBB Program consumer applications a certification for the 
household to affirm that they understand that the EBB Program is a 
temporary Federal Government subsidy that reduces the customer's 
broadband internet access service bill and at the conclusion of the EBB 
Program, the household will be subject to the provider's undiscounted 
general rates, terms, and conditions if the household continues to 
subscribe to the service.
    121. The Commission also requires providers to include information 
about the limited duration of the Program and the impact of its 
termination on any EBB Program advertising materials, including, but 
not limited to billing inserts; websites; flyers; television, radio, 
and newspaper advertising; mailers; and posters. The Commission directs 
providers to use their best judgment in developing language that will 
clearly communicate the duration and impact of the program's end to the 
prospective low-income households, but at a minimum that language 
should comply with the relevant EBB Program rules the Commission adopts 
herein. Providers have an interest in communicating the terms of the 
Program clearly to their customers to manage expectations and to 
preserve the relationship. It is important as both a consumer 
protection measure and to

[[Page 19555]]

ensure that low-income consumers continue to have access to broadband 
services during this pandemic, that providers assist customers by 
transitioning them to other available products in the event that the 
broadband service plan they were subscribing to becomes unaffordable 
after the EBB Program ends and the benefit is eliminated.
    122. The Commission is persuaded by commenters' arguments that 
customer bills offer an opportunity to communicate the limited duration 
of the EBB Program and the impact on the monthly bill when the subsidy 
ends. Commenters representing aging and public housing advocacy groups 
recommended that providers submit notices on consumer bills that 
provides ``information on billing after the conclusion of the EBB 
Program, when the first bill at a higher rate will be due, an 
explanation of any partial month charges and information on any 
additional resources.'' The San Francisco Department of Technology 
contended that the temporary discount should be clearly characterized 
as such on consumer bills, and the Benton Institute for Broadband and 
Society urged the Commission to adopt requirements that providers be in 
clear communication with consumers about the end of the subsidy and the 
amount of the monthly bill that a customer is responsible for. MMTC NUL 
recommended that providers should inform customers that ``they will be 
eligible to transition to an alternative, lower-priced broadband plan 
at the conclusion of the emergency program, making clear the price, 
service levels, and other terms and conditions that will apply.''
    123. The Commission agrees that provider-supplied communication is 
important and will help guard against unexpected bill-shock and 
confusion throughout the EBB Program. Therefore, the Commission 
requires providers participating in the EBB Program to deliver at the 
time of enrollment and on a monthly basis, either in the form of a 
monthly bill, or other monthly communication if the benefit covers the 
entire rate of the qualified plan, to its EBB Program household, 
documentation that prominently and clearly states in easy to understand 
terms that the EBB Program is a temporary subsidy that reduces the 
customer's broadband internet access service bill and at the conclusion 
of the benefit, the customer will be subject to the provider's general 
rates, terms, and conditions if the customer continues to subscribe to 
that broadband service. This initial disclosure, monthly bill or 
communication must also prominently and clearly set forth the rate that 
the customer should be expected to pay, including fees, taxes, and 
equipment rental charges once the EBB Program ends and the benefit 
expires. Once USAC and the WCB announce a forecasted end of the EBB 
Program, the provider must provide notice to its customer in a 
prominent manner on the customer's bill, or other monthly communication 
if the benefit covers the entire rate of the qualified plan, about the 
last date or service month that the full benefit will apply to their 
bill, the last date or service month that the partial, final-month 
benefit will apply to their bill, and the expected rate of the 
broadband service once the benefit expires.
    124. The Commission recognizes that providers will need some time 
to adjust their billing and other systems in order to communicate the 
EBB Program end date to their customers. Therefore, providers should 
send this notice to their customers as soon as practicable after the 
notice is posted on USAC and the Commission websites, but no less than 
15 days after the notice from USAC and the Commission is posted. The 
Commission encourages providers to send this notification to households 
electronically, consistent with any consumer expressed preferences for 
receiving electronic notices and other communications and to the same 
email or phone number that bills or other monthly communications are 
sent, in addition to a mailed notice to ensure that customers have 
multiple opportunities to receive information regarding the end of the 
EBB Program and alternative broadband plans if it will be unaffordable 
without the benefit. Commenters recognized that advance notice to 
households is important so they can make informed choices regarding 
broadband service for their household. The Commission finds that 
providers are in the best position to explain to their customers what 
will happen to their bill once the benefit is exhausted.
    125. Household transition to other services or discounts. The 
Commission recognizes that the end of the EBB Program means that 
households will need to evaluate available options to determine how 
their household can continue to subscribe to broadband services. Rather 
than limit participation in the program to a predetermined number of 
customers, as some commenters suggest, the Commission structures the 
EBB Program to ensure that it serves the greatest number of households 
possible. But this more inclusive approach presents some administrative 
challenges. For example, the Commission cannot predict at this time how 
long the EBB Program will last and when a customer's last month of EBB 
Program-discounted service will be. The Commission commits to ensuring 
that the Commission is transparent about the enrollment and 
disbursement activity in the EBB Program. The Commission knows that 
there is a connection between a household's income level and whether 
they have a home broadband connection, and EBB Program customers will 
need a smooth transition to affordable broadband options at the 
conclusion of the EBB Program if they wish to maintain broadband 
service. Commenters noted that it is vital that consumers be 
transitioned to affordable broadband services at the conclusion of the 
EBB Program. Ensuring that these households can continue accessing the 
broadband they need to participate in virtual learning, complete their 
homework, and communicate with employers and healthcare providers will 
be a group effort. The Commission encourages providers and community 
groups to communicate the availability of affordable broadband options, 
including any broadband adoption initiatives in their communities.
    126. The Commission also hopes that providers consider ways in 
which they can financially support their customers as the benefit ends 
and the households look to transition to comparable broadband services 
or continue with the same broadband service offered at a discounted 
rate subsidized by the provider. The Commission also recognizes that 
requiring providers to directly subsidize a household's broadband 
service, either fully or partially, once the Emergency Broadband 
Connectivity Fund is depleted would likely be considered to be to an 
unfunded mandate. While the Commission cannot and does not require that 
providers offer a discount to households at that time, the Commission 
hopes that providers are able to identify the ways in which they can 
use their experience with the EBB Program and the Federal support they 
received to help households continue to access high quality, low-cost 
broadband service during the course of this public health emergency. At 
a minimum, providers with existing low-cost and income restricted 
programs should not preclude EBB Program recipients from enrolling in 
those programs based on current or recent customer (for example, 
service within the last 90 days) eligibility restrictions. Consumers 
previously in an existing low-cost

[[Page 19556]]

program and using the EBB Program benefit to receive a higher tier of 
service should be allowed to transition back to the low-cost offering 
at the conclusion of the benefit program.
    127. Due to their relationship with their EBB Program customers, 
providers play an essential role in helping to protect households from 
bill shock and to ensure that households understand that they ``shall 
be subject to a participating provider's generally applicable terms and 
conditions'' after the expiration of the EBB Program. Therefore, the 
Commission requires that providers obtain an affirmative opt-in from 
households at any time while the household is participating in the EBB 
Program and before they can be charged an amount higher than they would 
pay under the full EBB Program reimbursement amount permitted by the 
Commission rules, including any potential increased payment as a result 
of a partial reimbursement during the EBB Program's final month. The 
Commission agrees with commenters that an opt-in from households will 
help guard against unexpected charges by reducing the likelihood that 
households will receive broadband service absent the EBB Program 
benefit without their permission. To that end, consistent with the 
notice requirements the Commission adopts in the RO, with respect to 
provider communications to households, the provider shall clearly state 
that it will stop providing broadband service to the household at the 
conclusion of the EBB Program unless the household agrees to continue 
to receive broadband service. At least 30 days before the end of the 
EBB Program, the provider must also notify households of the upcoming 
increase to their monthly bills (or as soon as practicable if there is 
a scenario in which providers do not have 30 days' notice prior to the 
expiration of the program). The Commission encourages providers to 
ensure that households have the opportunity to make an informed 
decision about the continuation of broadband service absent the EBB 
Program benefit. EBB Program households that subscribed to the 
provider's broadband service before the commencement of the EBB Program 
must also opt-in to the continuation of broadband service. The 
Commission finds that requiring providers to obtain permission from 
households before continuing to provide broadband service after the end 
of the EBB Program is another tool that helps ensure that households 
have the information they need to make decisions about their broadband 
services and to ensure that the same households are protected from 
unexpected bills related to their broadband services.
    128. Promoting Awareness. The Commission recognizes that for the 
EBB Program to achieve its full potential and serve as many eligible 
households as possible during the COVID-19 pandemic, low-income 
households must be clearly informed of the program's existence, 
benefits, eligibility qualifications, and how to apply. Participating 
providers, some of whom may not have experience with the Lifeline 
program, USAC, and USAC's processes, will also require information both 
on how to participate in the EBB Program and on how to educate 
consumers. The record overwhelmingly reflected the importance of 
publicizing the program to new and existing consumers through national 
and local campaigns that use diverse spokespeople and languages. For 
the EBB Program to reach as many eligible consumers as possible, 
including disconnected low-income consumers, individuals with 
disabilities, and households of color, it is important to implement a 
broad, collaborative outreach, including the Federal Government, state, 
local, and Tribal governments, broadband internet access providers, 
community groups, trade associations, Tribal communities, 
philanthropists, educators, and other trusted institutions. The record 
also recognized the importance of educating participating providers on 
the EBB Program. To this end, the Commission encourages EBB Program 
participating providers to engage in consumer marketing with basic 
requirements and encourage them to consider communications strategies 
proposed in the record. The Commission also directs the Commission 
staff and USAC to develop comprehensive provider education and training 
programs, as well as consumer outreach plans. Finally, the Commission 
strongly encourages other civic entities to publicize the EBB Program 
to eligible households.
    129. The Commission next encourages providers that file an election 
notice with USAC to publicize the availability of the EBB Program 
service in a manner reasonably designed to reach those consumers likely 
to qualify and in a manner that is accessible to individuals with 
disabilities. The record overwhelmingly confirmed that participating 
providers should publicize, including in languages other than English, 
the availability of the EBB Program. To ensure that consumers receive 
comprehensive information explaining the EBB Program, the Commission 
recommends that provider marketing materials describe in clear, easily-
understandable language in, if feasible, the dominant languages of the 
communities that the provider serves: (1) The eligibility requirements 
for consumer participation; (2) the monetary charges to the customer; 
(3) the available upload/download speeds, data caps, and connected 
devices, if any, with descriptions; (4) a provider customer service 
number, prominently displayed on all promotional materials, that is 
associated with an adequately staffed phone line; and (5) that the EBB 
Program is a temporary emergency Federal Government benefit program 
operated by the FCC and, upon its conclusion, customers will be subject 
to the provider's regular rates, terms, and conditions.
    130. The Commission declines to mandate that providers engage in 
more prescriptive forms of EBB Program promotion. Instead, the 
Commission grants providers the flexibility to develop their own 
marketing plans. The Commission finds that providers are in the best 
position to understand how to market a new program to the communities 
they serve. However, the Commission encourages participating providers 
to consider and implement some of the numerous consumer outreach 
strategies described in the record. For instance, many commenters urged 
providers to engage in outreach and partner with local government 
agencies, through institutions providing basic needs to eligible 
populations, such as housing, food and transportation and healthcare, 
schools eligible for free or reduced lunch, school breakfast, and 
E[hyphen]Rate, libraries, and Tribal organizations. The City of 
Seattle, Washington State Broadband Office, Seattle Public Schools 
District and Seattle Housing Authority recommended that providers 
without retail locations where they serve low[hyphen]income customers 
partner with a commercial, nonprofit, or other community organizations 
to offer site[hyphen]based information about low[hyphen]cost offers for 
low[hyphen]income communities. Additionally, some commenters, 
recognizing that eligible households may not currently have access to 
broadband, encouraged providers to use a variety of media outlets that 
target minority and low-income populations--including newspapers, 
television and radio stations, billboards, and internet 
advertisements--to promote the EBB Program through Public Service 
Announcements and crawls that direct listeners and viewers specifically 
to where they can find local information

[[Page 19557]]

on the program, learn which local providers are participating, and ways 
to contact those providers. Partnerships with disability organizations 
and other entities that frequently provide internet access and 
technical assistance to people with disabilities are further encouraged 
by other commenters to publicize the EBB Program.
    131. The Commission also directs the Consumer and Governmental 
Affairs Bureau (CGB) to both to educate service providers on the EBB 
Program and to engage in consumer outreach to the largest possible 
number of eligible consumer participants. The Commission further 
directs CGB and the Office of Native Affairs and Policy (ONAP) to 
coordinate to develop educational and informational communications and 
materials to advertise the EBB Program, such as a web page and digital 
toolkit, in a printable format and translated into other languages, 
that can easily be accessed by service providers, organizations, and 
the public. The record demonstrated support for Commission-developed 
marketing materials--including charts, posters, flyers and messaging--
that providers and other organizations can customize and share through 
email, social media and other channels. The Commission also supports 
the idea raised by commenters that to promote the EBB Program, the 
Commission should work closely with, among others, Congressional 
offices, other Federal agencies, state and local governments, community 
organizations, schools, and libraries.
    132. The Commission also directs USAC to develop and implement a 
communications strategy, under the oversight of the WCB and CGB, to 
provide training and information necessary to successfully participate 
in the EBB Program to service providers--both ETCs and non-ETCs, Tribal 
communities and organizations, associations and consumer advocates, the 
E-Rate community, potential eligible consumers, and the public at 
large. The objective for the communications plan should be to ensure 
that both current and new stakeholders can learn about and successfully 
participate in the EBB Program and ensure discounts on broadband 
service and connected devices are efficiently and effectively provided 
to eligible consumers. The Commission anticipates that USAC's 
communications strategy will include a dedicated, regularly updated web 
page and other outreach methods including webinars, bulletins, email 
campaigns, and direct outreach to providers, eligible consumers, Tribal 
communities, schools, libraries, and other organizations that serve EBB 
Program eligible populations. The record overwhelmingly supported such 
wide-ranging communications efforts. To help ensure that households are 
aware of affordable broadband services for which they may likely 
qualify, the Commission directs USAC to coordinate with state and 
Federal partners, and community support organizations such as food 
banks to promote the availability of Lifeline as a supplement to the 
EBB Program or as an option when the benefit is eliminated. Indeed, 
commenters urged the Commission and USAC to work closely with 
congressional offices, coordinate with other Federal agencies, state 
and local organization, Tribes, consumer-facing agencies, trade 
associations, schools, libraries, and hospitals that could assist with 
educating low-income consumers about the program and the provider 
options that are available as a result. The Commission strongly 
encourages CGB, WCB, and USAC to incorporate these recommendations into 
their outreach efforts.
    133. Lastly, the Commission strongly encourages other Federal 
agencies, state and local governments, groups, and broadband offices, 
youth groups and organizations, schools and libraries to promote the 
EBB Program to eligible households. The Colorado Communications and 
Utility Alliance (CCUA) emphasized that ``local governments have 
ability to promote the EBBP through bill inserts, electronic 
notification to customers, company websites and social media.'' The 
CCUA, as well as the National Association of Telecommunications 
Officers and Advisors, pointed to the recent success of local 
governments and community organizations to provide a wide range of 
pandemic related information to citizens. Similarly, the City of 
Longmont, Colorado reported that it ``has an arsenal of tools at its 
disposal to promote the availability of the EBBP, and is prepared to 
utilize them to the fullest extent.'' Therefore, the Commission agrees 
with commenters that these entities that work with program eligible 
populations would be highly effective in raising awareness about the 
EBB Program.
    134. Audits. The CAA requires the Commission to adopt audit 
requirements to ensure that participating providers are in compliance 
with the program rules and to prevent waste, fraud, and abuse in the 
EBB Program. A finding of waste, fraud, or abuse or an improper payment 
identified by the Commission or the Inspector General of the Commission 
must include (1) the name of the participating provider; (2) the amount 
of funding made available from the EBB Program to the provider; (3) the 
amount of funding determined to be an improper payment to the provider; 
(4) a description of to what extent funding made available from the EBB 
Program that was an improper payment was used for a reimbursement for a 
connected devise or a reimbursement for an internet service offering; 
(5) whether, in the case of a connected device, such device, or the 
value thereof, has been recovered; (6) whether any funding from the EBB 
Program was made available to a participating provider for an emergency 
broadband benefit for a person outside the eligible household; and (7) 
whether any funding from the EBB Program was made available to 
reimburse a participating provider for an emergency broadband benefit 
made available to an eligible household in which all members of such 
household necessary to satisfy the eligibility requirements were 
deceased. Within one year of the date of the enactment of the CAA, the 
Commission's Office of Inspector General must conduct an audit of the 
disbursements made to a representative sample of participating 
providers. The record generally supported the use of audits to ensure 
compliance and accountability in the EBB Program. Multiple commenters 
urged the Commission to adopt audit requirements similar to those 
procedures used in the Lifeline program ``to ensure compliance and to 
prevent waste, fraud, and abuse,'' and to focus its audit and fraud-
prevention efforts on rule violations that occur at scale and that 
impact the largest number of consumers.'' Others contend that the 
current Lifeline audit process requires substantial reform or support a 
more simplified version of the process that does not impede 
participation by households and providers or have an adverse impact on 
customer privacy and data security. Commenters agreed that 
participating providers should be required to collect and retain 
documentation sufficient to support compliance with any certifications 
and that such record keeping requirements should be clearly defined.
    135. The Commission agrees with the commenters that it is 
imperative to require audits to confirm the integrity of the EBB 
Program and prevent fraud, waste, and abuse in the program. To that 
end, the Commission delegates authority to the OMD to develop and 
implement an audit process of participating providers that complies 
with all requirements in sections 904(b)(7) and (8) of the CAA. OMD may

[[Page 19558]]

obtain the assistance of third parties, including but not limited to 
USAC, in carrying out this effort. Consistent with the Commission 
experience regarding the Universal Service Fund, the Commission finds 
that audits are the most effective way to ensure compliance with the 
Commission rule requirements.
    136. Enforcement. The CAA provides that a violation of its section 
904, which establishes the EBB Program, or any regulation promulgated 
under that section ``shall be treated as a violation of the 
Communications Act of 1934 or a regulation promulgated under such 
Act.'' The Commission is compelled to enforce this section and the 
associated regulations ``in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Communications act of 1934 were 
incorporated into and made a part of this section.'' In the Public 
Notice, DA 21-6, the WCB sought comment on the authority of the 
Commission to impose administrative forfeitures and other penalties on 
program participants found to be in violation of the program rules and 
requirements. The record largely supported the application of the 
Commission's existing enforcement powers, including imposing 
administrative forfeitures and other penalties on participating 
providers that violate the program rules and requirements, to protect 
the integrity of the EBB Program. The National Lifeline Association 
urged that ``[a]ny proposed forfeitures under the [EBB Program] rules 
should be based on reasonable recoveries for rule violations and three 
times the amount of harm to the [EBB Program] (treble damages) for 
cases of actual fraud.'' T-Mobile argued that in order to avoid 
discouraging providers from participating in the EBB Program, the 
Commission should not treat a violation of its other rules as a basis 
for withholding EBB Program funding from participants. Consistent with 
this statutory direction and the record, the Commission decides to use 
the Commission's existing, statutorily permitted enforcement powers to 
initiate investigations and impose administrative forfeitures. In 
addition, the Commission would apply the Commission's suspension and 
debarment rules currently applicable to the USF program to EBB Program 
participating providers. The Commission would also withhold EBB Program 
funds from participants found to be in violation of the EBB Program 
rules, if appropriate, and will also seek to recoup improperly 
disbursed funds, in addition to appropriate enforcement penalties. The 
Commission finds that these enforcement mechanisms sufficiently balance 
the need for widespread participation in the EBB Program with the 
importance of maintaining the program's integrity.
    137. Application of Other Part 54 Regulations. The Commission uses 
the authority granted by the CAA to apply portions of 47 CFR part 54--
pertaining to definitions, de-enrollment, program integrity, and the 
use of USAC--to the EBB Program.
    138. Subpart E. Due to similarities between the programs and the 
use of certain USAC Lifeline systems to administer the EBB Program, the 
Commission elects to apply select portions of the regulations that 
control the Lifeline program to the EBB Program. Specifically, the 
Commission applies the following definitions in Sec.  54.400 of the 
Commission's rules to the EBB Program, subject to the further 
interpretations expounded upon in the RO: (f) Income; (g) duplicative 
support; (h) household; (i) National Lifeline Accountability Database 
of Database; (j) Qualifying assistance program; (k) Direct service; (l) 
Broadband internet access service; (o) National Lifeline Eligibility 
Verifier; and (p) Enrollment representatives. Maintaining uniform 
definitions across the two programs will facilitate a quick launch and 
efficient administration for the Commission, USAC, and participating 
providers. What is more, the Commission limits application of the 
Lifeline rules to those specifically enumerated in the Order to balance 
the need of ensuring that the EBB Program has adequate guidelines and 
parameters with the concern of chilling participation by providing a 
complex framework that may be unfamiliar to new providers or serve as a 
bar to participation in this temporary program.
    139. The Commission also elects to apply relevant subsections of 
Sec.  54.404 of the Commission's rules, outlining carrier interactions 
with the NLAD, and portions of Sec.  54.405 of the Commission's rules 
to the EBB Program concerning carrier obligations and de-enrollment. 
Specifically, the Commission applies Sec.  54.405(e)(1), (2), and (5) 
of the Commission's rules, for de-enrollments generally, de-enrollments 
for duplicative support, and de-enrollments requested by the 
subscriber, respectively. In the definition for de-enrollment requested 
by the subscriber, the Commission directs USAC to accept and process 
de-enrollment requests directly from EBB Program subscribers, and to 
notify the subscriber's provider when such a de-enrollment occurs. This 
additional method for de-enrollment by subscribers will assist in 
administering funds efficiently and provide further certainty to 
participants regarding their ability to transition out of this 
temporary program.
    140. For de-enrollment for non-usage, however, the Commission 
adopts a modified requirement--as permitted by the CAA--to adapt to the 
unique circumstances provided by the pandemic, the limited duration of 
the EBB Program, and the participation of non-ETC providers that may 
not have already designed processes to comport with the specific 
Lifeline usage requirements. Accordingly, the Commission requires that 
providers submit a certification in their reimbursement claim that 
every subscriber claimed has used their supported service, as defined 
in Sec.  54.407(c)(2) of the Commission's rules, at least once during 
the service month being claimed. Providers must retain documentation 
demonstrating the subscriber monthly usage amounts to support this 
certification. The Commission does not adopt for the EBB Program the 
notice and de-enrollment process required in the Lifeline program 
rules, but participating providers that fail to resolve non-usage by 
households enrolled in the EBB Program will be unable to claim the 
program benefit for those households. This modification ensures that 
the limited funds provided by the CAA will reach those whose needs are 
greatest by protecting against supporting unused service.
    141. Additionally, the Commission adopts for the EBB Program a 
modification of the subscriber eligibility determination and 
certification found in Sec.  54.410 of the Commission's rules, and 
require all participating providers to implement policies and 
procedures for ensuring that their EBB Program households are eligible 
to receive the Emergency Broadband Benefit. Accordingly, a provider may 
not provide a consumer with an activated device that it represents 
enables use of Emergency Broadband Benefit-supported service, nor may 
it activate service that it represents to be Emergency Broadband 
Benefit-supported service, unless and until it has: (1) Confirmed that 
the household is an eligible household pursuant to section III(B) of 
the RO, and; (2) Completed the eligibility determination and 
certification required by section III(B) of the RO, and any other 
necessary enrollment steps expounded upon in the RO. We find that these 
preventative measures provide a front-end guard against the improper 
use of the limited

[[Page 19559]]

funds provided by the CAA, and protect against waste, fraud, and abuse.
    142. To further ensure program integrity, the Commission applies 
the following sections of the Lifeline rules to the EBB Program: Sec.  
54.407(a), (c)(2)(i) through (v), (d) and (e) of the Commission's 
rules, pertaining to the number of participants as of the first of the 
month (snapshot), the definition of service usage, reimbursement 
certifications, and records; Sec.  54.417 of the Commission's rules, 
pertaining to recordkeeping requirements; and, Sec.  54.419 of the 
Commission's rules, pertaining to the validity of e-signatures. The 
Commission notes that these rule sections, as applied to the EBB 
Program, are the subject of more detailed discussions in the RO. We 
also require participating providers that use enrollment 
representatives to comply with the Representative Accountability 
Database registration requirement established in Sec. Sec.  54.400(p) 
and 54.406(a) of the Commission's rules. Requiring registration for 
employees, agents, contractors, or subcontractors of participating 
providers or their third-party entities prior to those personnel 
providing information to the USAC systems will bolster the security of 
the system and help monitor for suspected non-compliance in program 
activity. However, the Commission declines to apply Sec.  54.406(b) of 
the Commission's rules to avoid discouraging provider participation and 
diminishing consumer choice in the EBB Program.
    143. The record supports the use of these Lifeline rules in 
implementing the EBB Program, including the use of the National 
Verifier, NLAD, RAD, snapshot dates and process, and de-enrollment 
requirements and deadlines. The Commission agrees with commenters that 
these established processes will assist in the quick and efficient 
implementation of the EBB Program while protecting against waste, 
fraud, and abuse.
    144. Use of USAC. The Commission also uses the authority granted by 
the CAA to avail ourselves of USAC's services to implement the EBB 
Program, including administering approvals and elections of 
participating providers and determinations of household eligibility, 
including whether a household resides on Tribal lands, by relying upon 
USAC-administrated processes and systems, including the National 
Verifier, NLAD, RAD, and LCS for the provider reimbursement process, 
call centers for program support, provider and consumer outreach, and 
conducting program integrity reviews. The record supported using USAC 
and its processes for the efficient and effective administration of the 
program, and the Commission believes USAC's experience administering 
the Lifeline program makes USAC uniquely situated to be the 
administrator of the EBB Program.
    145. Subpart H. The Commission next applies Sec.  54.702(c) of the 
Commission's rules to the EBB Program as well, preventing USAC from 
making policy, interpreting unclear statutes or rules relied upon to 
implement the EBB Program, or interpreting the intent of Congress. 
Additionally, the Commission grants USAC the authority to conduct 
program audits of contributors and providers, as provided in Sec.  
54.707 of the Commission's rules. This grant, however, is subject to 
the further direction as set forth in section III(G) of the RO.
    146. Subpart I. Lastly, the Commission provides a path for recourse 
to parties aggrieved by decisions issued by USAC. Specifically, the 
Commission requires review of decisions issued by USAC to follow the 
requirements set forth in 47 CFR Subpart I. The Commission finds these 
existing processes sufficient to provide meaningful review of decisions 
issued by USAC during the EBB Program.
    147. Delegations to the Bureau and Office of Managing Director. The 
Commission delegates authority to the WCB and OMD to make necessary 
adjustments to the program administration and to provide additional 
detail and specificity to the requirements of the EBB Program to 
conform with the intent of the RO and ensure the efficient functioning 
of the program.
    148. In addition, the Commission delegates financial oversight of 
the EBB Program to the Commission's Managing Director and directs the 
OMD to work in coordination with the WCB to ensure that all financial 
aspects of the program have adequate internal controls. These duties 
fall within OMD's current delegated authority to ensure that the 
Commission operates in accordance with Federal financial statutes and 
guidance. Such financial oversight must be consistent with the rules 
adopted in the RO. OMD performs this role with respect to USAC's 
administration of the Commission's Universal Service programs, and the 
Covid-19 Telehealth program, and the Commission anticipates that OMD 
will leverage existing policies and procedures, to the extent 
practicable and consistent with section 904 of the CAA, to ensure the 
efficient and effective management of the program. Finally, the 
Commission notes that OMD is required to consult with the WCB on any 
policy matters affecting the program, consistent with Sec.  0.91(a) of 
the Commission's rules. OMD, in coordination with the WCB, may issue 
additional directions to USAC and program participants in furtherance 
of its responsibilities.
    149. In its administration of the EBB Program, USAC is directed to 
comply with, on an ongoing basis, all applicable laws and Federal 
government guidance on privacy and information security standards and 
requirements, such as the Privacy Act, relevant provisions in the 
Federal Information Security Modernization Act of 2014, National 
Institute of Standards and Technology publications, and Office of 
Management and Budget guidance.
    150. The Commission recognizes that, once implementation of the EBB 
Program begins, the Commission or USAC may encounter unforeseen issues 
or problems with the administration that will need to be resolved. To 
achieve widespread participation by eligible households in the EBB 
Program, the Commission delegates this authority to Commission staff to 
address and resolve such issues.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    151. Pursuant to section 904(h)(2) of the Consolidated 
Appropriations Act, the collection of information sponsored or 
conducted under the regulations promulgated in the Report and Order is 
deemed not to constitute a collection of information for the purposes 
of the Paperwork Reduction Act, 44 U.S.C. 3501-3521.

B. Congressional Review Act

    152. The Commission has determined, and the Administrator of the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), concurs, that the regulations implementing the EBB 
Program are a ``major rule'' under the Congressional Review Act, 5 
U.S.C. 804(2). By exempting this rulemaking proceeding from the notice 
and comment provisions of the Administrative Procedure Act, 5 U.S.C. 
553(b), the Commission concludes that Congress has determined notice 
and public procedure under the Administrative Procedure Act to be 
impracticable, unnecessary, or contrary to the public interest. In 
addition, the exemption of this proceeding from the Administrative 
Procedure Act requirement that rules cannot become effective until 30 
days after publication in the Federal Register, 5 U.S.C. 553(d), 
demonstrates Congressional intent that the rules the Commission adopt 
shall become effective without delay.

[[Page 19560]]

Accordingly, the Commission finds for good cause that notice and public 
procedure on the rules adopted herein are impracticable, unnecessary, 
or contrary to the public interest, and therefore the Report and Order 
would become effective April 13, 2021 pursuant to 5 U.S.C. 808(2). The 
Commission will send a copy of the Report and Order to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

C. Regulatory Flexibility Act

    153. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that an agency prepare a final regulatory flexibility analysis 
``whenever an agency promulgates a final rule under [5 U.S.C. 553], 
after being required by that section or any other law to publish a 
general notice of proposed rulemaking.'' Pursuant to the Consolidated 
Appropriations Act, section 553 does not apply to the rulemaking 
proceeding implementing the EBB Program. Accordingly, no Final 
Regulatory Flexibility Analysis was required for the Report and Order.

IV. Ordering Clauses

    154. Accordingly, it is ordered that, pursuant to the authority 
contained in Section 904 of Division N, Title IX of the Consolidated 
Appropriations Act, 2021, Pub. L. No 116-260, 134 Stat. 1182, the 
Report and order is adopted.
    155. It is further ordered that the Commission shall send a copy of 
the Report and Order to the Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

List of Subjects in 47 CFR Part 54

    Communications common carriers, Health facilities, Infants and 
children, internet, Libraries, Reporting and recordkeeping 
requirements, Schools, Telecommunications, Telephone.

Federal Communications Commission
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
229, 254, 303(r), 403, 1004, 1302, and 1601-1609 unless otherwise 
noted.


0
2. Add subpart P to read as follows:
Subpart P--Emergency Broadband Benefit Program
Sec.
54.1600 Definitions.
54.1601 Participating providers.
54.1602 Emergency Broadband Benefit.
54.1603 Emergency Broadband Benefit Program support amount.
54.1604 Participating provider obligation to offer Emergency 
Broadband Benefit Program.
54.1605 Household qualification for Emergency Broadband Benefit 
Program.
54.1606 Household eligibility determinations.
54.1607 Enrollment representative registration.
54.1608 Reimbursement for providing Emergency Broadband Benefit 
Program discount.
54.1609 De-enrollment from the Emergency Broadband Benefit Program.
54.1610 Expiration of Emergency Broadband Benefit Program.
54.1611 Recordkeeping requirements.
54.1612 Validity of electronic signatures.

Subpart P--Emergency Broadband Benefit Program


Sec.  54.1600  Definitions.

    (a) Broadband internet access service. The term ``broadband 
internet access service'' has the meaning given such term in 47 CFR 
8.1(b), or any successor regulation.
    (b) Broadband provider. The term ``broadband provider'' means a 
provider of broadband internet access service.
    (c) Commission. The term ``Commission'' means the Federal 
Communications Commission.
    (d) Connected device. The term ``connected device'' means a laptop 
or desktop computer or a tablet.
    (e) Designated as an eligible telecommunications carrier. The term 
``designated as an eligible telecommunications carrier'', with respect 
to a broadband provider, means the broadband provider is designated as 
an eligible telecommunications carrier under section 214(e) of the 
Communications Act of 1934 (47 U.S.C. 214(e)).
    (f) Direct service. As used in this subpart, direct service means 
the provision of service directly to the qualifying low-income 
consumer.
    (g) Duplicative support. ``Duplicative support'' exists when an 
Emergency Broadband Benefit subscriber is receiving two or more 
Emergency Broadband Benefit services concurrently or two or more 
subscribers in a household have received a connected device with an 
Emergency Broadband Benefit discount
    (h) Eligible household. The term ``eligible household'' means, 
regardless of whether the household or any member of the household 
receives support under subpart E of 47 CFR part 54 (or any successor 
regulation), and regardless of whether any member of the household has 
any past or present arrearages with a broadband provider, a household 
in which--
    (1) At least one member of the household meets the qualifications 
47 CFR 54.409(a) or (b) (or any successor regulation);
    (2) At least one member of the household has applied for and been 
approved to receive benefits under the free and reduced price lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) or the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773);
    (3) At least one member of the household has experienced a 
substantial loss of income since February 29, 2020, that is documented 
by layoff or furlough notice, application for unemployment insurance 
benefits, or similar documentation or that is otherwise verifiable 
through the National Verifier or National Lifeline Accountability 
Database;
    (4) At least one member of the household has received a Federal 
Pell Grant under section 401 of the Higher Education Act of 1965 (20 
U.S.C. 1070a) in the current award year, if such award is verifiable 
through the National Verifier or National Lifeline Accountability 
Database or the participating provider verifies eligibility under 47 
CFR 54.1606(a)(2); or
    (5) At least one member of the household meets the eligibility 
criteria for a participating provider's existing low-income or COVID-19 
program, subject to the requirements of 47 CFR 54.1606(a)(2).
    (i) Emergency broadband benefit. The term ``emergency broadband 
benefit'' means a monthly discount for an eligible household applied to 
the actual amount charged to such household, which shall be no more 
than the standard rate for an internet service offering and associated 
equipment, in an amount equal to such amount charged, but not more than 
$50, or, if an internet service offering is provided to an eligible 
household on Tribal land, not more than $75.
    (j) Emergency period. The term ``emergency period'' means the 
period that--
    (1) Begins on the date of the enactment of the Consolidated 
Appropriations Act; and
    (2) Ends on the date that is 6 months after the date on which the 
determination by the Secretary of Health and Human Services pursuant to 
section

[[Page 19561]]

319 of the Public Health Service Act (42 U.S.C. 247d) that a public 
health emergency exists as a result of COVID-19, including any renewal 
thereof, terminates.
    (k) Enrollment representative. An employee, agent, contractor, or 
subcontractor, acting on behalf of an eligible telecommunications 
carrier or third-party entity, who directly or indirectly provides 
information to the Administrator for the purpose of eligibility 
verification, enrollment, subscriber personal information updates, 
benefit transfers, or de-enrollment.
    (l) Household. A ``household'' is any individual or group of 
individuals who are living together at the same address as one economic 
unit. A household may include related and unrelated persons. An 
``economic unit'' consists of all adult individuals contributing to and 
sharing in the income and expenses of a household. An adult is any 
person eighteen years or older. If an adult has no or minimal income, 
and lives with someone who provides financial support to him/her, both 
people shall be considered part of the same household. Children under 
the age of eighteen living with their parents or guardians are 
considered to be part of the same household as their parents or 
guardians.
    (m) Income. ``Income'' means gross income as defined under section 
61 of the Internal Revenue Code, 26 U.S.C. 61, for all members of the 
household. This means all income actually received by all members of 
the household from whatever source derived, unless specifically 
excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 
101 et seq.
    (n) Internet service offering. The term ``internet service 
offering'' means, with respect to a broadband provider, broadband 
internet access service provided by such provider to a household, 
offered in the same manner, and on the same terms, as described in any 
of such provider's offerings for broadband internet access service to 
such household, as on December 1, 2020.
    (o) Lifeline qualifying assistance program. A ``Lifeline qualifying 
assistance program'' means any of the Federal or Tribal assistance 
programs the participation in which, pursuant to 47 CFR 54.409(a) or 
(b), qualifies a consumer for Lifeline service, including Medicaid; 
Supplemental Nutrition Assistance Program; Supplemental Security 
Income; Federal Public Housing Assistance; Veterans and Survivors 
Pension Benefit; Bureau of Indian Affairs general assistance; Tribally 
administered Temporary Assistance for Needy Families (Tribal TANF); 
Head Start (only those households meeting its income qualifying 
standard); or the Food Distribution Program on Indian Reservations 
(FDPIR).
    (p) National Lifeline Accountability Database. The ``National 
Lifeline Accountability Database'' is an electronic system, with 
associated functions, processes, policies and procedures, to facilitate 
the detection and elimination of duplicative support, as directed by 
the Commission.
    (q) National Lifeline Eligibility Verifier or National Verifier. 
The ``National Lifeline Eligibility Verifier'' or ``National Verifier'' 
is an electronic and manual system with associated functions, 
processes, policies and procedures, to facilitate the determination of 
consumer eligibility for the Lifeline program and Emergency Broadband 
Benefit Program, as directed by the Commission.
    (r) Participating provider. The term ``participating provider'' 
means a broadband provider that--
    (1)(i) Is designated as an eligible telecommunications carrier; or
    (ii) Meets requirements established by the Commission for 
participation in the Emergency Broadband Benefit Program and is 
approved by the Commission under 47 CFR 54.1601(b); and
    (2) Elects to participate in the Emergency Broadband Benefit 
Program.
    (s) Standard rate. The term ``standard rate'' means the monthly 
retail rate for the applicable tier of broadband internet access 
service as of December 1, 2020, excluding any taxes or other 
governmental fees.
    (t) Tribal lands. For purposes of this subpart, ``Tribal lands'' 
include any Federally recognized Indian tribe's reservation, pueblo, or 
colony, including former reservations in Oklahoma; Alaska Native 
regions established pursuant to the Alaska Native Claims Settlement Act 
(85 Stat. 688); Indian allotments; Hawaiian Home Lands--areas held in 
trust for Native Hawaiians by the state of Hawaii, pursuant to the 
Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et 
seq., as amended; and any land designated as such by the Commission for 
purposes of subpart E of 47 CFR part 54 (or any successor regulation) 
pursuant to the designation process in 47 CFR 54.412.


Sec.  54.1601  Participating providers.

    (a) Eligible telecommunications carriers. A broadband provider that 
is designated as an eligible telecommunications carrier may participate 
in the Emergency Benefit Broadband Program as a participating provider.
    (b) Other broadband providers. A broadband provider that is not 
designated as an eligible telecommunications carrier may seek approval 
from the Wireline Competition Bureau to participate in the Emergency 
Broadband Benefit Program as a participating provider.
    (1) The Wireline Competition Bureau shall review and act on 
applications to be designated as a participating provider on an 
expedited basis. Such applications shall contain:
    (i) The states or territories in which the provider plans to 
participate;
    (ii) The service areas in which the provider has the authority, if 
needed, to operate in each state or territory, but has not been 
designated an eligible telecommunications carrier; and,
    (iii) Certifications and documentation of the provider's plan to 
combat waste, fraud, and abuse.
    (2) Notwithstanding paragraph (b)(1) of this section, the Wireline 
Competition Bureau shall automatically approve as a participating 
provider a broadband provider that has an established program as of 
April 1, 2020, that is widely available and offers internet service 
offerings to eligible households and maintains verification processes 
that are sufficient to avoid fraud, waste, and abuse. Such applications 
seeking automatic approval shall contain:
    (i) The states or territories in which the provider plans to 
participate;
    (ii) The service areas in which the provider has the authority, if 
needed, to operate in each state or territory, but has not been 
designated an Eligible Telecommunications Carrier; and,
    (iii) A description, supported by documentation, of the established 
program with which the provider seeks to qualify for automatic 
admission to the Emergency Broadband Benefit Program.
    (c) Election notice. All participating providers must file an 
election notice with the Administrator. The election notice must be 
submitted in a manner and form consistent with the direction of the 
Wireline Competition Bureau and the Administrator. At a minimum the 
election notice should contain:
    (1) The states or territories in which the provider plans to 
participate in the Emergency Broadband Benefit Program;
    (2) A statement that, in each state or territory, the provider was 
a ``broadband provider'' as of December 1, 2020;
    (3) A list of states or territories where the provider is an 
existing Eligible Telecommunications Carrier, if any;
    (4) A list of states or territories where the provider received 
Wireline

[[Page 19562]]

Competition Bureau approval, whether automatic or expedited, to 
participate, if any;
    (5) Whether the provider intends to distribute connected devices;
    (6) A description of the internet service offerings for which the 
provider plans to seek reimbursement in each state or territory; and,
    (7) Documentation demonstrating the standard rates for those 
services in each state; and any other information necessary to 
establish participating providers in the Administrator's systems.
    (d) Suspension and debarment. The prohibition on participation and 
suspension and debarment rules established in 47 CFR 54.8, shall apply 
to activities associated with or related to the Emergency Broadband 
Benefit Program.


Sec.  54.1602  Emergency Broadband Benefit.

    (a) The Emergency Broadband Benefit Program shall provide 
reimbursement to a participating provider for providing a discount on 
the price of broadband internet access service (and associated 
equipment), a connected device, or both, to an eligible household 
during the emergency period.
    (b) Participating providers may allow consumers whose households 
qualify for the Emergency Broadband Benefit Program pursuant to 47 CFR 
54.1605, to apply the Emergency Broadband Benefit to any residential 
service plan that includes broadband internet access service or a 
bundle of broadband internet access service along with fixed or mobile 
voice telephony service, text messaging service, or both.


Sec.  54.1603  Emergency Broadband Benefit Program support amount.

    (a) The Emergency Broadband Benefit Program support amount for all 
participating providers shall equal the actual discount provided to an 
eligible household off of the actual amount charged to such household, 
which shall be no more than the standard rate for an internet service 
offering and associated equipment, but not more than $50.00 per month, 
if that provider certifies that it will pass through the full amount of 
support to the eligible household, or not more than $75.00 per month, 
if that provider certifies that it will pass through the full amount of 
support to the eligible household on Tribal lands, as defined in 47 CFR 
54.1600(t).
    (b) A participating provider that, in addition to providing the 
Emergency Broadband Benefit Program to an eligible household, supplies 
such household with a connected device may be reimbursed up to $100.00 
for such connected device, if the charge to such eligible household is 
more than $10.00 but less than $50.00 for such connected device, except 
that a participating provider may receive reimbursement for no more 
than one (1) connected device per eligible household.
    (c) If the amount of funding remaining in the Emergency Broadband 
Connectivity Fund is less than the total amount of valid reimbursement 
claims in the Emergency Broadband Benefit Program, the support amount 
for all participating providers submitting valid reimbursement claims 
for a month may be less than the full support amount permitted under 
this section.


Sec.  54.1604  Participating provider obligation to offer Emergency 
Broadband Benefit Program.

    (a) All participating providers in the Emergency Broadband Benefit 
Program must make available the Emergency Broadband Benefit Program to 
qualifying low-income consumers.
    (b) All participating providers in the Emergency Broadband Benefit 
Program are encouraged to:
    (1) Publicize the availability of the Emergency Broadband Benefit 
Program in a manner reasonably designed to reach those likely to 
qualify for the service.
    (2) Indicate on all materials describing the Emergency Broadband 
Benefit Program, using easily understood language in the dominant 
languages of the communities the provider serves:
    (i) The eligibility requirements for consumer participation;
    (ii) That the Emergency Broadband Benefit is non-transferable and 
is limited to one discount per household;
    (iii) The monetary charges to the customer;
    (iv) The available upload/download speeds and data caps for the 
covered services, and a list of connected devices, if any, with 
descriptions;
    (v) The provider's customer service telephone number, which must be 
prominently displayed on all promotional materials and adequately 
staffed by customer service representatives; and
    (vi) That the Emergency Broadband Benefit Program is a temporary 
emergency Federal Government benefit program operated by the Federal 
Communications Commission and, upon its conclusion, customers will be 
subject to the provider's regular rates, terms, and conditions.


Sec.  54.1605  Household qualification for Emergency Broadband Benefit 
Program.

    (a) To constitute an eligible household:
    (1) The household income as defined in 47 CFR 54.1600(m) must be at 
or below 135% of the Federal Poverty Guidelines for a household of that 
size; or
    (2) At least one member of the household must receive benefits from 
one of the following Federal assistance programs: Medicaid; 
Supplemental Nutrition Assistance Program; Supplemental Security 
Income; Federal Public Housing Assistance; or Veterans and Survivors 
Pension Benefit; or
    (3) At least one member of the household has applied for and been 
approved to receive benefits under the free and reduced price lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) or the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773); or
    (4) At least one member of the household has experienced a 
substantial loss of income since February 29, 2020, that is documented 
by layoff or furlough notice, application for unemployment insurance 
benefits, or similar documentation or that is otherwise verifiable 
through the National Verifier; or
    (5) At least one member of the household has received a Federal 
Pell Grant under section 401 of the Higher Education Act of 1965 (20 
U.S.C. 1070a) in the current award year, if such award is verifiable 
through the National Verifier or the participating provider verifies 
eligibility under 47 CFR 54.1606(a)(2); or
    (6) At least one member of the household meets the eligibility 
criteria for a participating provider's existing low-income or COVID-19 
program, subject to the requirements of 47 CFR 54.1606(a)(2); or
    (7) If the household is located on Tribal lands, at least one 
member of the household participates in one of the following Tribal-
specific Federal assistance programs: Bureau of Indian Affairs general 
assistance; Tribally administered Temporary Assistance for Needy 
Families; Head Start (only those households meeting its income 
qualifying standard); or the Food Distribution Program on Indian 
Reservations.
    (b) In addition to meeting the qualifications provided in paragraph 
(a) of this section, in order to constitute an eligible household, no 
member of the household may already be receiving an Emergency Broadband 
Benefit Program discount.

[[Page 19563]]

Sec.  54.1606  Household eligibility determinations.

    (a) Eligibility verification processes. To verify whether a 
household is an eligible household, a participating provider shall--
    (1) Use the National Verifier; or
    (2) Rely upon an alternative verification process of the 
participating provider, if--
    (i) The participating provider submits information as required by 
the Commission regarding the alternative verification process prior to 
seeking reimbursement; and
    (ii) Not later than 7 days after receiving the information required 
under paragraph (a)(2)(i) of this section, the Wireline Competition 
Bureau--
    (A) Determines that the alternative verification process will be 
sufficient to avoid waste, fraud, and abuse; and
    (B) Notifies the participating provider of the determination under 
paragraph (a)(2)(ii)(A) of this section; or
    (3) Rely on a school to verify the eligibility of a household based 
on the participation of the household in the free and reduced price 
lunch program or the school breakfast program as described in 47 CFR 
54.1600(h)(2). The participating provider must retain documentation 
demonstrating the school verifying eligibility, the program(s) that the 
school participates in, the qualifying household, and the program(s) 
the household participates in.
    (b) Provider policies and procedures. All participating providers 
must implement policies and procedures for ensuring that their 
Emergency Broadband Benefit Program households are eligible to receive 
the Emergency Broadband Benefit. A provider may not provide a consumer 
with service that it represents to be Emergency Broadband Benefit-
supported service or seek reimbursement for such service, unless and 
until it has:
    (1) Confirmed that the household is an eligible household pursuant 
to 47 CFR 54.1605;
    (2) Completed any other necessary enrollment steps, and;
    (3) Securely retained all information and documentation it receives 
related to the eligibility determination and enrollment, consistent 
with 47 CFR 54.1611.
    (c) One-Per-Household Worksheet. If the prospective household 
shares an address with one or more existing Emergency Broadband Benefit 
Program subscribers according to the National Lifeline Accountability 
Database or National Verifier, the prospective subscriber must complete 
a form certifying compliance with the one-per-household rule prior to 
initial enrollment.
    (d) The National Lifeline Accountability Database. In order to 
receive Emergency Broadband Benefit Program support, participating 
providers must comply with the following requirements:
    (1) All participating providers must query the National Lifeline 
Accountability Database to determine whether a prospective subscriber 
is currently receiving an Emergency Broadband Benefit-supported service 
from another participating provider; and whether anyone else living at 
the prospective subscriber's residential address is currently receiving 
an Emergency Broadband Benefit-supported service.
    (2) If the National Lifeline Accountability Database indicates that 
a prospective subscriber who is not seeking to transfer his or her 
Emergency Broadband Benefit, is currently receiving an Emergency 
Broadband Benefit-supported service, the participating provider must 
not provide and shall not seek or receive Emergency Broadband Benefit 
reimbursement for that subscriber.
    (3) Participating providers may query the National Lifeline 
Accountability Database only for the purposes provided in paragraphs 
(e)(1) and (2) of this section, and to determine whether information 
with respect to its subscribers already in the National Lifeline 
Accountability Database is correct and complete.
    (4) Participating providers must transmit to the National Lifeline 
Accountability Database in a format prescribed by the Administrator 
each new and existing Emergency Broadband Benefit Program subscriber's 
full name; full residential address; date of birth; the telephone 
number associated with the Emergency Broadband Benefit Program service; 
the date on which the Emergency Broadband Benefit Program discount was 
initiated; the date on which the Emergency Broadband Benefit Program 
discount was terminated, if it has been terminated; the amount of 
support being sought for that subscriber; and the means through which 
the subscriber qualified for the Emergency Broadband Benefit Program.
    (5) All participating providers must update an existing Emergency 
Broadband Benefit Program subscriber's information in the National 
Lifeline Accountability Database within ten business days of receiving 
any change to that information, except as described in paragraph (d)(7) 
of this section.
    (6) All participating providers must obtain, from each new and 
existing subscriber, consent to transmit the subscriber's information. 
Prior to obtaining consent, the participating provider must describe to 
the subscriber, using clear, easily understood language, the specific 
information being transmitted, that the information is being 
transmitted to the Administrator to ensure the proper administration of 
the Emergency Broadband Benefit Program, and that failure to provide 
consent will result in subscriber being denied the Emergency Broadband 
Benefit.
    (7) When a participating provider de-enrolls a subscriber from the 
Emergency Broadband Benefit Program, it must transmit to the National 
Lifeline Accountability Database the date of Emergency Broadband 
Benefit Program de-enrollment within one business day of de-enrollment.
    (8) All participating providers must securely retain subscriber 
documentation that the participating provider reviewed to verify 
subscriber eligibility, for the purposes of production during audits or 
investigations or to the extent required by National Lifeline 
Accountability Database or National Verifier processes, which require, 
inter alia, verification of eligibility, identity, address, and age.
    (9) A participating provider must not enroll or claim for 
reimbursement a prospective subscriber in the Emergency Broadband 
Benefit Program if the National Lifeline Accountability Database or 
National Verifier cannot verify the subscriber's status as alive, 
unless the subscriber produces documentation to demonstrate his or her 
identity and status as alive.
    (e) Connected device reimbursement and the National Lifeline 
Accountability Database. In order to receive Emergency Broadband 
Benefit Program reimbursement for a connected device, participating 
providers must comply with the following requirements:
    (1) Such participating provider must query the National Lifeline 
Accountability Database to determine whether a prospective connected 
device benefit recipient has previously received a connected device 
benefit.
    (2) If the National Lifeline Accountability Database indicates that 
a prospective subscriber has received a connected device benefit, the 
participating provider must not seek a connected device reimbursement 
for that subscriber.
    (3) Such participating provider shall not seek a connected device 
reimbursement for a subscriber that is not receiving the Emergency 
Broadband Benefit for service provided by the same participating 
provider.

[[Page 19564]]

    (4) Where two or more participating providers file a claim for a 
connected device reimbursement for the same subscriber, only the 
participating provider whose information was received and processed by 
the National Lifeline Accountability Database or Lifeline Claims System 
first, as determined by the Administrator, will be entitled to a 
connected device reimbursement for that subscriber.
    (5) All participating providers must obtain from each subscriber 
consent to transmit the information required under paragraph (e)(1) of 
this section. Prior to obtaining consent, the participating provider 
must describe to the subscriber, using clear, easily understood 
language, the specific information being transmitted, that the 
information is being transmitted to the Administrator to ensure the 
proper administration of the Emergency Broadband Benefit Program 
connected device benefit, and that failure to provide consent will 
result in the subscriber being denied the Emergency Broadband Benefit 
Program connected device benefit.


Sec.  54.1607  Enrollment representative registration.

    Enrollment representative registration. A participating provider 
must require that enrollment representatives register with the 
Administrator before the enrollment representative can provide 
information directly or indirectly to the National Lifeline 
Accountability Database or the National Verifier.
    (a) As part of the registration process, participating providers 
must require that all enrollment representatives provide the 
Administrator with identifying information, which may include first and 
last name, date of birth, the last four digits of his or her social 
security number, email address, and residential address. Enrollment 
representatives will be assigned a unique identifier, which must be 
used for:
    (1) Accessing the National Lifeline Accountability Database;
    (2) Accessing the National Verifier;
    (3) Accessing any eligibility database; and
    (4) Completing any Emergency Broadband Benefit Program enrollment 
or verification forms.
    (b) Participating providers must ensure that enrollment 
representatives shall not use another person's unique identifier to 
enroll Emergency Broadband Benefit Program subscribers, recertify 
Emergency Broadband Benefit Program subscribers, or access the National 
Lifeline Accountability Database or National Verifier.
    (c) Participating providers must ensure that enrollment 
representatives shall regularly recertify their status with the 
Administrator to maintain their unique identifier and maintain access 
to the systems that rely on a valid unique identifier. Participating 
providers must also ensure that enrollment representatives shall update 
their registration information within 30 days of any change in such 
information.


Sec.  54.1608  Reimbursement for providing Emergency Broadband Benefit 
Program discount.

    (a) Emergency Broadband Benefit Program support for providing a 
qualifying broadband internet access service shall be provided directly 
to a participating provider based on the number of actual qualifying 
low-income households listed in the National Lifeline Accountability 
Database that the participating provider serves directly as of the 
first of the month.
    (b) For each eligible household receiving Emergency Broadband 
Benefit-supported service, the reimbursement amount shall equal the 
appropriate support amount as described in 47 CFR 54.1603, except as 
otherwise provided by 47 CFR 54.1603(c). The participating provider's 
Emergency Broadband Benefit Program reimbursement shall not exceed the 
participating provider's standard rate for that offering.
    (c) A participating provider offering an Emergency Broadband 
Benefit Program service with a standard rate that does not require the 
participating provider to assess and collect a monthly fee from its 
subscribers must certify that every subscriber claimed has used their 
supported service, as defined by 47 CFR 54.407(c)(2), at least once 
during the service month being claimed prior in order to claim that 
subscriber for reimbursement in that month.
    (d) A participating provider that, in addition to providing the 
Emergency Broadband Benefit to an eligible household, provides such 
household with a connected device may be reimbursed up to $100.00 for 
such connected device, if the charge to such eligible household is more 
than $10.00 but less than $50.00 for such connected device, except that 
a participating provider may receive reimbursement for no more than one 
(1) connected device per eligible household.
    (e) In order to receive Emergency Broadband Benefit Program 
reimbursement, an officer of the participating provider must certify, 
as part of each request for reimbursement, that:
    (1) The officer is authorized to submit the request on behalf of 
the participating provider;
    (2) The officer has read the instructions relating to 
reimbursements and the funds sought in the reimbursement request are 
for services and/or devices that were provided in accordance with the 
Emergency Broadband Benefit Program rules and requirements;
    (3) The participating provider is in compliance with all of the 
rules in this subpart;
    (4) The participating provider has obtained valid certification and 
application forms as required by the rules in this subpart for each of 
the subscribers for whom it is seeking reimbursement;
    (5) The amount for which the participating provider is seeking 
reimbursement from the Emergency Broadband Connectivity Fund is not 
more than the standard rate;
    (6) Each eligible household for which the participating provider is 
seeking reimbursement for providing an internet service offering--
    (i) Has not been and will not be charged--
    (A) For such offering, if the standard rate for such offering is 
less than or equal to the amount of the emergency broadband benefit for 
such household; or
    (B) More for such offering than the difference between the standard 
rate for such offering and the amount of the emergency broadband 
benefit for such household;
    (ii) Will not be required to pay an early termination fee if such 
eligible household elects to enter into a contract to receive such 
internet service offering if such household later terminates such 
contract;
    (iii) Was not, after the date of the enactment of the Consolidated 
Appropriations Act, subject to a mandatory waiting period for such 
internet service offering based on having previously received broadband 
internet access service from such participating provider; and
    (iv) Will otherwise be subject to the participating provider's 
generally applicable terms and conditions as applied to other 
customers.
    (7) Each eligible household for which the participating provider is 
seeking reimbursement for supplying such household with a connected 
device was charged by the provider more than $10.00 but less than 
$50.00 for such connected device;

[[Page 19565]]

    (8) That the connected device claimed meets the Commission's 
requirements, that the reimbursement claim amount reflects the market 
value of the device, and that the connected device has been delivered 
to the household;
    (9) The process used by the participating provider to verify that a 
household is eligible for the Emergency Broadband Benefit Program, if 
the provider elects an alternative verification process and that such 
verification process was designed to avoid waste, fraud, and abuse.
    (10) The provider has retained the relevant supporting documents 
that demonstrate the connected devices requested are eligible for 
reimbursement;
    (11) All documentation associated with the reimbursement form, 
including all records for services and/or connected devices provided, 
will be retained for a period of at least six years after the last date 
of delivery of the supported services and/or connected devices provided 
through the Emergency Broadband Benefit Program, and are subject to 
audit;
    (12) The provider neither received nor paid kickbacks, as defined 
by 41 U.S.C. 8701, in connection with the Emergency Broadband Benefit 
Program;
    (13) The information contained in this form is true, complete, and 
accurate to the best of the officer's knowledge, information, and 
belief, and is based on information known to the officer or provided to 
officer by employees responsible for the information being submitted;
    (14) The officer is aware that any false, fictitious, or fraudulent 
information, or the omission of any material fact, may subject the 
officer to criminal, civil, or administrative penalties for fraud, 
false statements, false claims, or otherwise. (18 U.S.C. 286-287, 1001, 
1341, 31 U.S.C. 3729-3730, 3801-3812.); and
    (15) No service costs or devices sought for reimbursement have been 
waived, paid, or promised to be paid by another entity, including any 
Federal program.
    (f) In order to receive Emergency Broadband Benefit Program 
reimbursement, a participating provider must keep accurate records of 
the revenues it forgoes in providing Emergency Broadband Benefit-
supported services. Such records shall be kept in the form directed by 
the Administrator and provided to the Administrator at intervals as 
directed by the Administrator or as provided in this subpart.
    (g) In order to receive reimbursement, participating providers 
shall submit certified reimbursement claims through Lifeline Claims 
System by the 15th of each month, or the following business day in the 
event the 15th is a holiday or falls on a weekend. If the participating 
provider fails to submit a certified reimbursement claim by the 
deadline for that month, the reimbursement claim will not be processed.


Sec.  54.1609  De-enrollment from the Emergency Broadband Benefit 
Program.

    (a) De-enrollment generally. If a participating provider has a 
reasonable basis to believe that an Emergency Broadband Benefit Program 
subscriber does not meet or no longer meets the criteria to be 
considered an eligible household under 47 CFR 54.1605, the 
participating provider must notify the subscriber of impending 
termination of his or her Emergency Broadband Benefit discount. 
Notification of impending termination must be sent in writing separate 
from the subscriber's monthly bill, if one is provided, and must be 
written in clear, easily understood language. The participating 
provider must allow a subscriber 30 days following the date of the 
impending termination letter to demonstrate continued eligibility. A 
subscriber making such a demonstration must present proof of continued 
eligibility to the National Verifier or the participating provider 
consistent with the participating provider's approved alternative 
verification process. A participating provider must de-enroll any 
subscriber who fails to demonstrate eligibility within five business 
days after the expiration of the subscriber's deadline to respond.
    (b) De-enrollment for duplicative support. Notwithstanding 
paragraph (a) of this section, upon notification by the Administrator 
to any participating provider that a subscriber is receiving the 
Emergency Broadband Benefit discount from another participating 
provider, or that more than one member of a subscriber's household is 
receiving the Emergency Broadband Benefit discount and that the 
subscriber should be de-enrolled from participation in that provider's 
Emergency Broadband Benefit program, the participating provider must 
de-enroll the subscriber from participation in that provider's 
Emergency Broadband Benefit discount within five business days. A 
participating provider shall not claim any de-enrolled subscriber for 
Emergency Broadband Benefit reimbursement following the date of that 
subscriber's de-enrollment.
    (c) De-enrollment requested by subscriber. If a participating 
provider receives a request from a subscriber to de-enroll, it must de-
enroll the subscriber within two business days after the request.


Sec.  54.1610  Expiration of Emergency Broadband Benefit Program.

    (a) Prior to the conclusion of the Emergency Broadband Benefit 
Program, the Administrator will notify participating providers of the 
projected final service month for which participating providers will be 
eligible to receive reimbursement for valid reimbursement claims 
submitted pursuant to 47 CFR 54.1608. In that final month when valid 
reimbursement claims exceed remaining funds, the amount disbursed for 
both service and connected device claims to participating providers 
will be reduced on a pro-rata basis but will be no less than 50% of the 
total support amount for timely filed claims for service and connected 
devices provided to households.
    (b) Concurrent with release of the notice by the Administrator 
pursuant to paragraph (a) of this section, no new households shall be 
enrolled in the Emergency Broadband Benefit Program.
    (c) No later than 15 days after the Administrator provides notice 
pursuant to paragraph (a) of this section, participating providers 
shall give notice to subscribers receiving the Emergency Broadband 
Benefit of the last date or service month that the full benefit will 
apply to the household's bill, the last date or service month that the 
partial, final-month benefit will apply to their bill, and the expected 
rate of the broadband service once the benefit expires.
    (d) At least 30 days before the end of the Emergency Broadband 
Benefit Program, as indicated in the notice sent by the Administrator 
pursuant to paragraph (a) of this section, participating providers must 
notify households about the upcoming end to the Emergency Broadband 
Benefit Program and clearly state that the household will be subject to 
the participating provider's generally applicable terms and conditions 
at the conclusion of the Emergency Broadband Benefit Program if the 
household elects to continue receiving broadband service from the 
participating provider.


Sec.  54.1611  Recordkeeping requirements.

    Participating providers must maintain records to document 
compliance with all Commission requirements governing the Emergency 
Broadband Benefit Program for the six full preceding calendar years and 
provide that documentation to the Commission or Administrator upon 
request.

[[Page 19566]]

Participating providers must maintain the documentation related to the 
eligibility determination and reimbursement claims for an Emergency 
Broadband Benefit Program subscriber for as long as the subscriber 
receives the Emergency Broadband Benefit discount from that 
participating provider, but for no less than the six full preceding 
calendar years.


Sec.  54.1612   Validity of electronic signatures.

    (a) For the purposes of this subpart, an electronic signature, 
defined by the Electronic Signatures in Global and National Commerce 
Act, as an electronic sound, symbol, or process, attached to or 
logically associated with a contract or other record and executed or 
adopted by a person with the intent to sign the record, has the same 
legal effect as a written signature.
    (b) For the purposes of this subpart, an electronic record, defined 
by the Electronic Signatures in Global and National Commerce Act as a 
contract or other record created, generated, sent, communicated, 
received, or stored by electronic means, constitutes a record.

[FR Doc. 2021-07456 Filed 4-12-21; 8:45 am]
BILLING CODE 6712-01-P