§ 1308. Interagency agreement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2020

   Consolidated Appropriations Act, 2021

   Pub. L. 116–260 div. FF title IX § 904 · 134 Stat. 1182

   Enacted · 47 U.S.C. § 1308

   (Pub. L. 116–260, div. FF, title IX, § 904, Dec. 27, 2020, 134 Stat. 3214.)

   Source evidence

   Code source credit
   (Pub. L. 116–260, div. FF, title IX, § 904, Dec. 27, 2020, 134 Stat. 3214.)

   Enacted provision · exact public law section
   SEC. 904. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY PERIOD RELATING TO COVID–19. (a) Definitions.— In this section: (1) Broadband internet access service.— The term “broadband internet access service” has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (2) Broadband provider.— The term “broadband provider” means a provider of broadband internet access service. (3) Commission.— The term “Commission” means the Federal Communications Commission. (4) Connected device.— The term “connected device” means a laptop or desktop computer or a tablet. (5) Designated as an eligible telecommunications carrier.— The term “designated as an eligible telecommunications carrier”, with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)). (6) Eligible household.— The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which— (A) at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation); (B) at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); (C) at least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database; (D) at least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under subsection (a)(2)(B); or (E) at least one member of the household meets the eligibility criteria for a participating provider’s existing low-income or COVID–19 program, subject to the requirements of subsection (a)(2)(B) and any other eligibility requirements the Commission may consider necessary for the public interest. (7) Emergency broadband benefit.— The term “emergency broadband benefit” means a monthly discount for an eligible household applied to the actual amount charged to such household, which shall be no more than the standard rate for an internet service offering and associated equipment, in an amount equal to such amount charged, but not more than $50, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75. (8) Emergency period.— The term “emergency period” means the period that— (A) begins on the date of the enactment of this Act; and (B) ends on the date that is 6 months after the date on which the determination by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) that a public health emergency exists as a result of COVID–19, including any renewal thereof, terminates. (9) Internet service offering.— The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household, 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. (10) National lifeline accountability database.— The term “National Lifeline Accountability Database” has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation). (11) National verifier.— The term “National Verifier” has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation. (12) Participating provider.— The term “participating provider” means a broadband provider that— (A) (i) is designated as an eligible telecommunications carrier; or (ii) meets requirements established by the Commission for participation in the Emergency Broadband Benefit Program and is approved by the Commission under subsection (d)(2); and (B) elects to participate in the Emergency Broadband Benefit Program. (13) Standard rate.— The term “standard rate” means the monthly retail rate for the applicable tier of broadband internet access service as of December 1, 2020, excluding any taxes or other governmental fees. (b) Emergency Broadband Benefit Program.— (1) Establishment.— The Commission shall establish a program, to be known as the “Emergency Broadband Benefit Program”, under which the Commission shall, in accordance with this section, reimburse, using funds from the Emergency Broadband Connectivity Fund established in subsection (i), a participating provider for an emergency broadband benefit, or an emergency broadband benefit and a connected device, provided to an eligible household during the emergency period. (2) Verification of eligibility.— To verify whether a household is an eligible household, a participating provider shall— (A) use the National Verifier or National Lifeline Accountability Database; (B) rely upon an alternative verification process of the participating provider, if— (i) the participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and (ii) not later than 7 days after receiving the information required under clause (i), the Commission— (I) determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and (II) notifies the participating provider of the determination under subclause (I); or (C) rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program described in subsection (a)(6)(B). (3) Use of national verifier and national lifeline accountability database.— The Commission shall— (A) expedite the ability of all participating providers to access the National Verifier and National Lifeline Accountability Database for purposes of determining whether a household is an eligible household, without regard to whether a participating provider is designated as an eligible telecommunications carrier; and (B) ensure that the National Verifier and National Lifeline Accountability Database approve an eligible household to receive the emergency broadband benefit not later than 2 days after the date of the submission of information necessary to determine if such household is an eligible household. (4) Reimbursement.— From the Emergency Broadband Connectivity Fund established in subsection (i), the Commission shall reimburse a participating provider in an amount equal to the emergency broadband benefit with respect to an eligible household that receives such benefit from such participating provider during the emergency period. (5) Reimbursement for connected device.— A participating provider that, during the emergency period, in addition to providing the emergency broadband benefit to an eligible household, supplies such household with a connected device may be reimbursed up to $100 from the Emergency Broadband Connectivity Fund established in subsection (i) for such connected device, if the charge to such eligible household is more than $10 but less than $50 for such connected device, except that a participating provider may receive reimbursement for no more than 1 connected device per eligible household. (6) Certification required.— To receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following: (A) That the amount for which the participating provider is seeking reimbursement from the Emergency Broadband Connectivity Fund established in subsection (i) for providing an internet service offering to an eligible household is not more than the standard rate. (B) That each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the emergency broadband benefit— (i) has not been and will not be charged— (I) for such offering, if the standard rate for such offering is less than or equal to the amount of the emergency broadband benefit for such household; or (II) more for such offering than the difference between the standard rate for such offering and the amount of the emergency broadband benefit for such household; (ii) will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract; (iii) was not, after the date of the enactment of this Act, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and (iv) will otherwise be subject to the participating provider’s generally applicable terms and conditions as applied to other customers. (C) That each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged $10 or less or $50 or more for such device. (D) A description of the process used by the participating provider to verify that a household is an eligible household, if the provider elects an alternative verification process under paragraph (2)(B), and that such verification process was designed to avoid waste, fraud, and abuse. (7) Audit requirements.— The Commission shall adopt audit requirements to ensure that participating providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the Emergency Broadband Benefit Program. A finding of waste, fraud, or abuse or an improper payment (as such term is defined in section 2(d) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) identified by the Commission or the Inspector General of the Commission shall include the following: (A) The name of the participating provider. (B) The amount of funding made available from the Emergency Broadband Connectivity Fund to the participating provider. (C) The amount of funding determined to be an improper payment to a participating provider. (D) A description of to what extent funding made available from the Emergency Broadband Connectivity Fund that was an improper payment was used for a reimbursement for a connected device or a reimbursement for an internet service offering. (E) Whether, in the case of a connected device, such device, or the value thereof, has been recovered. (F) Whether any funding from the Emergency Broadband Connectivity Fund was made available to a participating provider for an emergency broadband benefit for a person outside the eligible household. (G) Whether any funding from the Emergency Broadband Connectivity Fund was made available to reimburse a participating provider for an emergency broadband benefit made available to an eligible household in which all members of such household necessary to satisfy the eligibility requirements described in subsection (a)(6) were deceased. (8) Random audit required.— Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the Emergency Broadband Benefit Program. (9) Notification of audit findings.— Not later than 7 days after a finding made by the Commission under the requirements of paragraph (7), the Commission shall notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with any information described in such paragraph that the Commission has obtained. (10) Expiration of program.— At the conclusion of the Emergency Broadband Benefit Program, any participating eligible households shall be subject to a participating provider’s generally applicable terms and conditions. (c) Regulations Required.— (1) In general.— Not later than 60 days after the date of the enactment of this Act, the Commission shall promulgate regulations to implement this section. (2) Comment periods.— As part of the rulemaking under paragraph (1), the Commission shall— (A) provide a 20-day public comment period that begins not later than 5 days after the date of the enactment of this Act; (B) provide a 20-day public reply comment period that immediately follows the period under subparagraph (A); and (C) during the comment periods under subparagraphs (A) and (B), seek comment on— (i) the provision of assistance from the Emergency Broadband Connectivity Fund established in subsection (i) consistent with this section; and (ii) other related matters. (d) Eligibility of Providers.— (1) Relation to eligible telecommunications carrier designation.— The Commission may not require a broadband provider to be designated as an eligible telecommunications carrier in order to be a participating provider. (2) Expedited approval process.— (A) In general.— The Commission shall establish an expedited process by which the Commission approves as participating providers broadband providers that are not designated as eligible telecommunications carriers and elect to participate in the Emergency Broadband Benefit Program. (B) Exception.— Notwithstanding subparagraph (A), the Commission shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse. (e) Rule of Construction.— Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation). (f) Part 54 Regulations.— Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or any successor regulation, shall apply in whole or in part to the Emergency Broadband Benefit Program, shall not apply in whole or in part to such Program, or shall be modified in whole or in part for purposes of application to such Program. (g) Enforcement.— A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act. The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this section. (h) Exemptions.— (1) Certain rulemaking requirements.— Section 553 of title 5, United States Code, shall not apply to a regulation promulgated under subsection (c) or a rulemaking proceeding to promulgate such a regulation. (2) Paperwork reduction act requirements.— A collection of information conducted or sponsored under the regulations required by subsection (c) shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). (i) Emergency Broadband Connectivity Fund.— (1) Establishment.— There is established in the Treasury of the United States a fund to be known as the Emergency Broadband Connectivity Fund. (2) Appropriation.— There is appropriated to the Emergency Broadband Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $3,200,000,000 for fiscal year 2021, to remain available until expended. (3) Use of funds.— Amounts in the Emergency Broadband Connectivity Fund shall be available to the Commission for reimbursements to participating providers under this section, and the Commission may use not more than 2 percent of such amounts to administer the Emergency Broadband Benefit Program. (4) Relationship to universal service contributions.— Reimbursements provided under this section shall be provided from amounts made available under this subsection and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)). (5) Use of universal service administrative company permitted.— The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the Emergency Broadband Benefit Program, including developing and processing reimbursements and distributing funds to participating providers. (j) Safe Harbor.— The Commission may not enforce a violation of this section under section 501, 502, or 503 of the Communications Act of 1934 (47 U.S.C. 501; 502; 503), or any rules of the Commission promulgated under such sections of such Act, if a participating provider demonstrates to the Commission that such provider relied in good faith on information provided to such provider to make the verification required by subsection (b)(2).

1 of 1 references resolved to an enrolled provision