The Affordable Connectivity Program

The Infrastructure Investment and Jobs Act allocates $65 billion to support various broadband initiatives. Keller & Heckman previously examined the $42.45 billion Broadband Equity, Access and Deployment (“BEAD”) Program and the $1 Billion Middle Mile Grant Program, each of which focuses on deploying broadband networks to unserved and underserved areas. This entry reviews the Act’s program aimed at making broadband services more affordable and accessible through a $14 billion subsidy for low-income households, the Affordable Connectivity Program. Essentially, the Affordable Connectivity Program (“ACP”) expands and makes permanent the temporary Emergency Broadband Benefit (“EBB”) program created in response to COVID-19. Under the ACP, participating broadband providers will receive up to $30/month to provide discounted broadband service to low-income households (households on tribal lands and in “high-cost areas” are eligible for up to $75/month). The ACP will be subject to the regulations of the Federal Communications Commission and administered by the Universal Service Administrative Company (“USAC”). On November 18, 2021, the FCC issued a Public Notice seeking comments on how to implement the new program requirements. Initial comments were due December 8, 2021, with reply comments due December 28, 2021.