US Codex
U.S.C.
Notes

§1751. Definitions — Inbound Citations

47 U.S.C. § 1751

Cited by 55 provisions in release 119-102.

Citations to §1751(1)

Citations to §1751(2)

  • 47 U.S.C. § 1752(a)(3)
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    (3) The term “Commission” means the Federal Communications Commission.
  • 47 U.S.C. § 1752(a)(6)(D)
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    (D) at least one member of the household meets the eligibility criteria for a participating provider’s existing low-income program, subject to the requirements of subsection (a)(2)(B) and any other eligibility requirements the Commission may consider necessary for the public interest; or
  • 47 U.S.C. § 1752(a)(7)(B)
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    (B) The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in section 1702(a)(2) of this title) may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph (A) for an internet service offering provided on Tribal land upon a showing that the applicability of the lower limit under subparagraph (A) to the provision of the affordable connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network.
  • 47 U.S.C. § 1752(a)(11)(A)(ii)
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    (ii) meets requirements established by the Commission for participation in the Affordable Connectivity Program and is approved by the Commission under subsection (d)(2); and
  • 47 U.S.C. § 1752(b)(1)
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    (1) The Commission shall establish a program, to be known as the “Affordable Connectivity Program”, under which the Commission shall, in accordance with this section, reimburse, using funds from the Affordable Connectivity Fund established in subsection (i), a participating provider for an affordable connectivity benefit, or an affordable connectivity benefit and a connected device, provided to an eligible household.
  • 47 U.S.C. § 1752(b)(2)(B)(i)
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    (i) the participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and
  • 47 U.S.C. § 1752(b)(2)(B)(ii)
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    (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
  • 47 U.S.C. § 1752(b)(3)
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    (3) 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 affordable connectivity benefit not later than 2 days after the date of the submission of information necessary to determine if such household is an eligible household.
  • 47 U.S.C. § 1752(b)(4)
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    (4) From the Affordable Connectivity Fund established in subsection (i), the Commission shall reimburse a participating provider in an amount equal to the affordable connectivity benefit with respect to an eligible household that receives such benefit from such participating provider.
  • 47 U.S.C. § 1752(b)(6)
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    (6) To receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following:
    (A) That each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the affordable connectivity benefit—
    (i) 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;
    (ii) was not, after December 27, 2020, 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
    (iii) will otherwise be subject to the participating provider’s generally applicable terms and conditions as applied to other customers.
    (B) 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.
    (C) 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.
  • 47 U.S.C. § 1752(b)(9)
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    (9) The Commission—
    (A) shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program;
    (B) shall require a participating provider to supply information about the existence of the complaint process described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program;
    (i) shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause (ii) of this subparagraph; and
    (ii) in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (47 U.S.C. 503); and
    (D) shall regularly issue public reports about complaints regarding the compliance of participating providers with the Affordable Connectivity Program.
  • 47 U.S.C. § 1752(b)(10)(B)
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    (B) The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program.
  • 47 U.S.C. § 1752(b)(10)(C)(i)
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    (i) The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program.
  • 47 U.S.C. § 1752(b)(10)(C)(ii)
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    (ii) In carrying out clause (i), the Commission may—
    (I) facilitate consumer research;
    (II) conduct focus groups;
    (III) engage in paid media campaigns;
    (IV) provide grants to outreach partners; and
    (V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph (1) (as that paragraph was in effect on the day before November 15, 2021) to the Affordable Connectivity Program.
  • 47 U.S.C. § 1752(b)(11)(A)
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    (A) The Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from—
    (i) inappropriate upselling or downselling by a participating provider;
    (ii) inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the Affordable Connectivity Program;
    (iii) inappropriate restrictions on the ability of a consumer to switch internet service offerings or otherwise apply support from the Affordable Connectivity Program to a different internet service offering with a participating provider;
    (iv) inappropriate restrictions on the ability of a consumer to switch participating providers, other than a requirement that the customer return any customer premises equipment provided by a participating provider; and
    (v) similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity Program.
  • 47 U.S.C. § 1752(b)(11)(B)
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    (B) In complying with this paragraph, the Commission may take advantage of the exceptions set forth in subsections (e) and (f).
  • 47 U.S.C. § 1752(b)(12)
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    (12) 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 Affordable Connectivity 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))1 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 Affordable 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 Affordable 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 Affordable Connectivity Fund was made available to a participating provider for an affordable connectivity benefit for a person outside the eligible household.
    (G) Whether any funding from the Affordable Connectivity Fund was made available to reimburse a participating provider for an affordable connectivity 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.
  • 47 U.S.C. § 1752(b)(13)
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    (13) Not later than 1 year after December 27, 2020, the Inspector General of the Commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the Affordable Connectivity Program.
  • 47 U.S.C. § 1752(b)(14)
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    (14) Not later than 7 days after a finding made by the Commission under the requirements of paragraph (12), 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.
  • 47 U.S.C. § 1752(c)(1)
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    (1) Not later than 60 days after December 27, 2020, the Commission shall promulgate regulations to implement this section.
  • 47 U.S.C. § 1752(c)(2)
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    (2) 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 December 27, 2020;
    (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 Affordable Connectivity Fund established in subsection (i) consistent with this section; and
    (ii) other related matters.
  • 47 U.S.C. § 1752(d)(1)
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    (1) The Commission may not require a broadband provider to be designated as an eligible telecommunications carrier in order to be a participating provider.
  • 47 U.S.C. § 1752(d)(2)(A)
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    (A) 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 Affordable Connectivity Program.
  • 47 U.S.C. § 1752(d)(2)(B)
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    (B) 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.
  • 47 U.S.C. § 1752(f)
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    (f) 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 Affordable Connectivity 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.
  • 47 U.S.C. § 1752(g)
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    (g) 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.
  • 47 U.S.C. § 1752(i)(3)
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    (3) Amounts in the Affordable 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 Affordable Connectivity Program.
  • 47 U.S.C. § 1752(i)(5)
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    (5) The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the Affordable Connectivity Program, including developing and processing reimbursements and distributing funds to participating providers.
  • 47 U.S.C. § 1752(j)
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    (j) 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).
  • 47 U.S.C. § 1753(a)
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    (a) Not later than 1 year after November 15, 2021, the Commission shall promulgate regulations to require the display of broadband consumer labels, as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16–357), to disclose to consumers information regarding broadband internet access service plans.
  • 47 U.S.C. § 1753(b)(2)
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    (2) The Commission shall rely on the price information displayed on the broadband consumer label required under subsection (a) for any collection of data relating to the price and subscription rates of each covered broadband internet access service under section 60502(c).
  • 47 U.S.C. § 1753(c)
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    (c) In issuing the final rule under subsection (a), the Commission shall conduct a series of public hearings to assess, at the time of the proceeding—
    (1) how consumers evaluate broadband internet access service plans; and
    (2) whether disclosures to consumers of information regarding broadband internet access service plans, including the disclosures required under section 8.1 of title 47, Code of Federal Regulations, are available, effective, and sufficient.
  • 47 U.S.C. § 1754(a)(3)
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    (3) the Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service.
  • 47 U.S.C. § 1754(b)
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    (b) Not later than 2 years after November 15, 2021, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including—
    (1) preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and
    (2) identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1).
  • 47 U.S.C. § 1754(b)(2)
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    (2) identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1).
  • 47 U.S.C. § 1754(c)
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    (c) The Commission and the Attorney General shall ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination based on—
    (1) the income level of an area;
    (2) the predominant race or ethnicity composition of an area; or
    (3) other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b).
  • 47 U.S.C. § 1754(c)(3)
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    (3) other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b).
  • 47 U.S.C. § 1754(d)
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    (d) The Commission shall develop model policies and best practices that can be adopted by States and localities to ensure that broadband internet access service providers do not engage in digital discrimination.
  • 47 U.S.C. § 1754(e)
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    (e) The Commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination.