FCC Releases ACP Transparency Rules NPRM

On June 8, 2022, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on the broadband transparency rules governing the annual collection of information about the price and subscription rates of internet service offerings received by households enrolled in the Affordable Connectivity Program (“ACP”).  The NPRM seeks comment on:

  • The ACP transparency data that should be collected, such as the price and subscription rates, plan characteristics, the interplay between this data and the broadband consumer labels, and performance metrics.
  • The collection structure, including which systems (e.g. the National Lifeline Accountability Database or other USAC systems) should be used to collect data, which providers will be required to submit ACP transparency data, and how to require providers to backfill data for the millions of existing subscribers.
  • The collection approaches, such as whether it should be collected at a subscriber level or aggregated data from providers, and what impact these approaches would have on stakeholders and privacy and proprietary interests.
  • The publication of the data, including what data should be made public, the scope of that information, how to protect personally identifiable and proprietary information, and the format, method, and timing of the publication.
  • Enforcement issues, such as whether they should adopt specific rules for this collection and how to ensure the data is accurate.
  • Timing of the collection, such as when the first collection should begin, how long the window should remain open, and how to determine the reporting date.

Comments will be due 30 days after the date of publication in the Federal Register and reply comments will be due 45 days after the date of publication in the Federal Register.

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