Sec. 60502. BROADBAND AFFORDABILITY
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## SEC. 60502 BROADBAND AFFORDABILITY ###
(a)Extension and Modification of Emergency Broadband Benefit ####
(1)Extension **[**[47 U.S.C. 1301 note](/us/usc/t47/s1301)**]** Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended— #####
(A)in the heading, by striking “during emergency period relating to covid-19”; #####
(B)in subsection (a)— ######
(i)by striking paragraph (8); and ######
(ii)by redesignating paragraphs
(9)through
(13)as paragraphs
(8)through (12), respectively; and #####
(C)in subsection (b)— ######
(i)in paragraph (1), by striking “during the emergency period”; ######
(ii)in paragraph (4), by striking “during the emergency period”; and ######
(iii)in paragraph (5), by striking “during the emergency period,”. ####
(2)Change to program name Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by paragraph
(1)of this subsection, is amended— #####
(A)in subsection (a)(7), in the heading, by striking “Emergency broadband” and inserting “Affordable connectivity”; #####
(B)in subsection (b), in the heading, by striking “Emergency Broadband Benefit” and inserting “Affordable Connectivity”; #####
(C)in subsection (i), in the heading, by striking “Emergency Broadband” and inserting “Affordable”; #####
(D)by striking “Emergency Broadband Benefit” each place the term appears and inserting “Affordable Connectivity”; #####
(E)by striking “Emergency Broadband” each place the term appears and inserting “Affordable”; and #####
(F)by striking “emergency broadband” each place the term appears and inserting “affordable connectivity”. ####
(3)Other initial modifications Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by paragraph
(2)of this subsection, is amended— #####
(A)in subsection (a)(7)— ######
(i)by striking “ The term ” and inserting the following: > > ##### “(A) In general > > Subject to subparagraph (B), the term” > ; and ######
(ii)by adding at the end the following: > > ##### “(B) High-cost areas > > The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in section 60102(a)(2) of the Infrastructure Investment and Jobs Act) may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph
(A)for an internet service offering provided on Tribal land upon a showing that the applicability of the lower limit under subparagraph
(A)to the provision of the affordable connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network.” > ; #####
(B)in subsection (b)— ######
(i)by redesignating paragraphs
(7)through
(10)as paragraphs
(12)through (15), respectively; ######
(ii)by inserting after paragraph
(6)the following: > > #### “(7) Requirement to allow customers to apply affordable connectivity benefit to any internet service offering > > > ##### “(A) In general > > A participating provider— > > > ###### “(i) > > shall allow an eligible household to apply the affordable connectivity benefit to any internet service offering of the participating provider at the same terms available to households that are not eligible households; and > > > ###### “(ii) > > may not require the eligible household to submit to a credit check in order to apply the affordable connectivity benefit to an internet service offering of the participating provider. > > > ##### “(B) Nonpayment > > Nothing in subparagraph
(A)shall prevent a participating provider from terminating the provision of broadband internet access service to a subscriber after 90 days of nonpayment. > > > #### “(8) Public awareness > > A participating provider, in collaboration with the applicable State agencies, public interest groups, and non-profit organizations, in order to increase the adoption of broadband internet access service by consumers, shall carry out public awareness campaigns in service areas that are designed to highlight— > > > ##### “(A) > > the value and benefits of broadband internet access service; and > > > ##### “(B) > > the existence of the Affordable Connectivity Program. > > > #### “(9) Oversight > > The Commission— > > > ##### “(A) > > shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program; > > > ##### “(B) > > shall require a participating provider to supply information about the existence of the complaint process described in subparagraph
(A)to subscribers who participate in the Affordable Connectivity Program; > > > ##### “(C) > > > ######
(i)> > shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause
(ii)of this subparagraph; and > > > ###### “(ii) > > in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (47 U.S.C. 503); and > > > ##### “(D) > > shall regularly issue public reports about complaints regarding the compliance of participating providers with the Affordable Connectivity Program. > > > #### “(10) Information on affordable connectivity program > > > ##### “(A) Participating providers > > When a customer subscribes to, or renews a subscription to, an internet service offering of a participating provider, the participating provider shall notify the customer about the existence of the Affordable Connectivity Program and how to enroll in the Program. > > > ##### “(B) Federal agencies > > The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program. > > > ##### “(C) Commission outreach > > > ###### “(i) In general > > The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program. > > > ###### “(ii) Activities > > In carrying out clause (i), the Commission may— > > > ###### “(I) > > facilitate consumer research; > > > ###### “(II) > > conduct focus groups; > > > ###### “(III) > > engage in paid media campaigns; > > > ###### “(IV) > > provide grants to outreach partners; and > > > ###### “(V) > > provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph
(1)(as that paragraph was in effect on the day before the date of enactment of the Infrastructure Investment and Jobs Act) to the Affordable Connectivity Program. > > > #### “(11) Consumer protection issues > > > ##### “(A) In general > > The Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, United States Code, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from— > > > ###### “(i) > > inappropriate upselling or downselling by a participating provider; > > > ###### “(ii) > > inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the Affordable Connectivity Program; > > > ###### “(iii) > > inappropriate restrictions on the ability of a consumer to switch internet service offerings or otherwise apply support from the Affordable Connectivity Program to a different internet service offering with a participating provider; > > > ###### “(iv) > > inappropriate restrictions on the ability of a consumer to switch participating providers, other than a requirement that the customer return any customer premises equipment provided by a participating provider; and > > > ###### “(v) > > similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity Program. > > > ##### “(B) Exceptions > > In complying with this paragraph, the Commission may take advantage of the exceptions set forth in subsections
(e)and (f).” > ; and ######
(iii)in paragraph (14), as so redesignated, by striking “paragraph (7)” and inserting “paragraph (12)”. ###
(b)Delayed Amendments to Affordable Connectivity Program ####
(1)In general **[**[47 U.S.C. 1752](/us/usc/t47/s1752)**]** Effective on the date on which the Commission submits the certification required under paragraph (4), or December 31, 2021, whichever is earlier, section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by subsection
(a)of this section, is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (6)— ######
(I)in subparagraph (A), by inserting before the semicolon at the end the following: “except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting ‘200 percent’ for ‘135 percent’ ”; ######
(II)by striking subparagraph (C); ######
(III)by redesignating subparagraphs
(D)and
(E)as subparagraphs
(C)and (D), respectively; ######
(IV)in subparagraph (C), as so redesignated, by striking “or” at the end; ######
(V)in subparagraph (D), as so redesignated— ######
(aa)by striking “or COVID-19”; and ######
(bb)by striking the period at the end and inserting “; or”; and ######
(VI)by adding at the end the following: > > ##### “(E) > > at least one member of the household receives assistance through the special supplemental nutritional program for women, infants, and children established by section 17 of the Child Nutrition Act of 1996 (42 U.S.C. 1786).” > ; ######
(ii)in paragraph (7)— ######
(I)by striking “which shall be no more than the standard rate for an internet service offering and associated equipment,”; and ######
(II)by striking “$50” and inserting “$30”; ######
(iii)in paragraph (8), as so redesignated by subsection
(a)of this section, by striking “, 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”; and ######
(iv)by striking paragraph (12), as so redesignated by subsection
(a)of this section; and #####
(B)in subsection (b)(6)— ######
(i)by striking subparagraph (A); ######
(ii)by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (A), (B), and (C), respectively; and ######
(iii)in subparagraph (A), as so redesignated— ######
(I)by striking clause (i); and ######
(II)by redesignating clauses (ii), (iii), and
(iv)as clauses (i), (ii), and (iii), respectively. ####
(2)Applicability of amendment to eligibility **[**[47 U.S.C. 1752 note](/us/usc/t47/s1752)**]** A household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) before the effective date in paragraph
(1)and, as of that effective date, would, but for this subparagraph, see a reduction in the amount of the affordable connectivity benefit under the Program, shall, during the 60-day period beginning on that effective date, be eligible for the affordable connectivity benefit in the amount in effect with respect to that household, as of the day before that effective date. ####
(3)Transition After the effective date under paragraph (1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) on the day before the date of enactment of this Act and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall continue to have access to an affordable service offering. ####
(4)Certification required On the date on which the amounts appropriated under section 904(i)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) have been fully expended, the Commission shall submit to Congress a certification regarding that fact. ###
(c)Broadband Transparency Rules **[**[42 U.S.C. 1752 note](/us/usc/t42/s1752)**]** ####
(1)Rules Not later than 1 year after the date of enactment of this Act, the Commission shall issue final rules regarding the annual collection by the Commission of data relating to the price and subscription rates of each internet service offering of a participating provider under the Affordable Connectivity Program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) (as amended by this section) to which an eligible household subscribes. ####
(2)Updates Not later than 180 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules. ####
(3)Redundancy avoidance Nothing in this subsection shall be construed to require the Commission, in order to meet a requirement of this subsection, to duplicate an activity that the Commission is undertaking as of the date of enactment of this Act, if— #####
(A)the Commission refers to the activity in the rules issued under paragraph (1); #####
(B)the activity meets the requirements of this subsection; and #####
(C)the Commission discloses the activity to the public. ####
(4)Availability of data #####
(A)Public availability The Commission shall make data relating to broadband internet access service collected under the rules issued under paragraph
(1)available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information or proprietary information, consistent with section 0.459 of title 47, Code of Federal Regulations (or any successor regulation). #####
(B)Determination of personally identifiable information The Commission— ######
(i)shall define the term “personally identifiable information”, for purposes of subparagraph
(A)through notice and comment rulemaking; and ######
(ii)may not make any data available to the public under subparagraph
(A)before completing the rulemaking under clause
(i)of this subparagraph. ###
(d)Guidance **[**[47 U.S.C. 1752 note](/us/usc/t47/s1752)**]** The Commission may issue such guidance, forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section and the amendments made by this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. ###
(e)Coordination **[**[47 U.S.C. 1752 note](/us/usc/t47/s1752)**]** The Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services shall— ####
(1)not later than 60 days after the date of enactment of this Act, enter into a memorandum of understanding with the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by this section; and ####
(2)not later than 90 days after the date of enactment of this Act, begin to share data under the memorandum of understanding described in paragraph
(1)for the purposes described in that paragraph.
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Sec. 60502
BROADBAND AFFORDABILITY
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