FCC Addresses Petitions for Waiver of Affordable Connectivity Program Non-Usage Rules

The Federal Communications Commission's Wireline Competition Bureau (Bureau) addresses the petitions of NTCA–The Rural Broadband Association (NTCA) and AT&T Services Inc. (AT&T) for limited waivers of the FCC’s non-usage rules applicable to Affordable Connectivity Program (ACP) subscribers who receive free-to-the-end-user service. The Bureau grants NTCA’s request for (1) an extension until September 15, 2022 for small broadband internet access service providers that serve Tribal ACP customers to track usage on a rolling thirty-day basis for ACP subscribers who receive free-to-the-end-user service, including ACP/Lifeline subscribers who receive both benefits on the same service and (2) a retroactive waiver to January 1, 2022 of the Lifeline requirement to track usage on a rolling thirty-day basis to the extent that this subset of providers apply both the Lifeline and ACP benefit to the same service resulting in free-to-the-end-user service. However, we deny NTCA’s request for an indefinite waiver of this requirement for small broadband providers that serve Tribal ACP subscribers. The Bureau also grants AT&T a temporary sixty-day waiver to August 13, 2022 of the non-usage rules for AT&T’s customers who receive free-to-the-end-user ACP service that uses Asymmetric Digital Subscriber Line (ADSL) technology. However, the Bureau denies AT&T’s petition requesting an indefinite waiver of these rules for this subset of AT&T’s subscribers. During the waiver period AT&T may only claim ACP support for those subscribers that have used their service during a given service month.