FCC Announces Effective Dates for Affordable Connectivity Program Rules and Comment and Reply Comment Deadlines for Related Further Notice

On January 21, 2022, the Federal Communications Commission released the Affordable Connectivity Program Order and Further Notice of Proposed Rulemaking (ACP Order and Further Notice) providing the final rules to implement the Affordable Connectivity Program (ACP). The ACP Order and Further Notice was published in the Federal Register on February 14, 2022. As set forth in the ACP Order and Further Notice, all adopted rules have the effective dates listed here.

Rules that will become effective on March 16, 2022: 

• § 54.1800 – Definitions
• § 54.1801 – Participating providers
• § 54.1802(a) – Affordable connectivity benefit
• § 54.1803 – Affordable Connectivity Program support amounts
• § 54.1805 – Household qualifications for the Affordable Connectivity Program
• § 54.1806 – Household eligibility determinations and annual recertifications
• § 54.1807(a) – Enrollment representative registration
• § 54.1808(a)-(g) – Reimbursement
• § 54.1809(a)-(b), (d)-(e) – De-enrollment from the Affordable Connectivity Program
• § 54.1810(c)-(i) – Credit checks, Non-Payment, Upselling and down selling prohibition, Extended service
• § 54.1811 – Recordkeeping requirements
• § 54.1812 – Validity of electronic signatures

Rules that will become effective on April 15, 2022:

• § 54.1802(b) – Availability of service plans
• § 54.1804 – Participating provider obligation to offer the Affordable Connectivity Program
• § 54.1807(b) – Prohibition of commissions for enrollment representatives
• § 54.1808(c)(1)-(2) – Usage requirement for provider reimbursement, Provider certification requirements
• § 54.1809(c) – De-Enrollment for non-usage
• § 54.1810(a) – Disclosures and consents for enrollment
• § 54.1810(b)– Transfers in the Affordable Connectivity Program

In the Further Notice, the FCC seeks comment on the structuring of an outreach grant program, and implementation of a mechanism for determining the application of the enhanced benefit for providers serving “high cost” areas as determined by the National Telecommunications and Information Administration. The FCC also seeks comment on a potential pilot program focused on increasing awareness of and enrollment in the ACP for households receiving federal public housing assistance. The FCC set deadlines for filing comments and reply comments at 30 and 60 days, respectively, after publication of the Further Notice in the Federal Register. The Further Notice was published in the Federal Register on February 14, 2022. Comments should therefore be submitted no later than March 16, 2022. Reply Comments must be submitted no later than April 15, 2022.