FCC Modifies Ex Parte Rules in Affordable Connectivity Fund Proceeding

In November 2021, the Federal Communications Commission's Wireline Competition Bureau sought comment on a range of issues related to modifications and changes in transitioning the EBB Program to the Affordable Connectivity Program established by Congress in the Infrastructure Investment and Jobs Act. To create a record that would allow the FCC to promulgate rules by the statutory deadline of January 14, 2022, and consistent with congressional directive, the Bureau established a “permit-but-disclose” proceeding with comments due December 8, 2021, and reply comments due December 28, 2021. In light of the approaching statutory deadline and the FCC’s desire to receive targeted and timely input from a broad cross-section of the affected public, Chairwoman Rosenworcel announced that extraordinary circumstances exist to warrant the discretionary release of a draft Report and Order and Further Notice of Proposed Rulemaking, including draft rules, which will be available to the public soon. Accordingly, the Bureau made modifications to how the ex parte rules will apply to this proceeding given the forthcoming public release of the draft Report and Order and Further Notice of Proposed Rulemaking. The FCC modifies the ex parte rules in the Affordable Connectivity Program proceeding to prohibit any presentations after January 11, 2022, at 5 pm EST. Summaries of oral presentations made on Jan 10-11 must be filed no later than 12 pm EST on Jan 12, 2022.