Public Knowledge Celebrates FCC Action To Connect the Vulnerable With New $50 Broadband Subsidy

WASHINGTON, Feb. 27 (TNSRep) -- Public Knowledge issued the following news release on Feb. 26, 2021:

Yesterday, the Federal Communications Commission voted on circulation to approve a Report and Order to establish the Emergency Broadband Benefit Program, a $3.2 billion federal initiative to provide qualifying households discounts on their internet service bills and an opportunity to receive a discount on a computer, laptop, or tablet. The program created by Congress subsidizes broadband and device payments for low-income consumers or families hit hard by the pandemic, including students and the unemployed.

The program follows several months of advocacy from Public Knowledge, including an early proposal for an emergency broadband subsidy by Senior Vice President Harold Feld; letters encouraging Congress to pass a subsidy; and a letter urging the FCC to make it easy for anyone who needs help getting connected to apply for the subsidy program. Public Knowledge applauds Acting Chairwoman Jessica Rosenworcel for launching the program with the speed and agility that this national emergency requires, maximizing the program's consumer benefits during a time when no American can afford to be left without a broadband connection.

The following can be attributed to Jenna Leventoff, Senior Policy Counsel at Public Knowledge:

"After living through both a pandemic forcing us to stay home as well as a recession forcing many to choose between their broadband service or feeding their families, yesterday's rules bring those in need one step closer to affordable connectivity during this crisis by implementing a $50 broadband subsidy program for those experiencing financial pain. Schoolchildren shouldn't have to go to McDonald's for Wi-Fi to do homework.

"We applaud the FCC for making the application process easy on consumers, who may struggle with providing eligibility documentation due to closed administrative offices, the burdens of juggling childcare and work, and a lack of broadband access. Allowing consumers to 'self-certify' will enable more people to more quickly obtain support while also ensuring that the subsidy can benefit everyone that Congress intended it to benefit.

"We also appreciate the Commission's recognition that not every household is a single family home. The flexibility to allow support for those who live in nursing homes, dormitories, or other group settings to qualify as households will help reach more low-income families, including Black, Latinx, and Indigenous peoples.

"The nightmare may not be over, but this subsidy should provide some light at the end of the tunnel for low-income consumers bearing the brunt of this recession. We look forward to the FCC setting up the application process over the next 60 days to help consumers get the broadband relief they so desperately need. We also urge Congress and the FCC to create a $50 long-term subsidy that increases periodically to connect low-income consumers, for as the pandemic has shown, broadband is an essential service for us all."

You may view our recent letter urging Congress to provide broadband subsidies for consumers during the pandemic, as well as our letter urging the FCC to adopt self-certification to determine consumer eligibility for the EBB program, for more information. You may also view our blog post, "Want to Keep America Home? Give Everyone Free Basic Broadband," to learn about an early proposal to offer a $50 broadband subsidy at the start of the pandemic as outlined by Senior Vice President Harold Feld.

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To: Marlene H. Dortch, Federal Communications Commission, 45 L Street NE, Washington, DC 20554

Re: WC Docket No. 20-445, In the Matter of Emergency Broadband Benefit Program

Dear Ms. Dortch,

Public Knowledge submits this letter to encourage the Commission to maximize self-certification of eligibility to ensure those who need assistance receive the Emergency Broadband Benefit (EBB). When Congress enacted the EBB, it expanded eligibility beyond those typically eligible for the Lifeline program. In doing so, Congress indicated that they wanted to help as many people as possible afford broadband, during a time when having it has never been more critical./1 However, if verification is too burdensome, eligible households may not enroll in the program./2 In order to support Congress's intent that a broad range of households in need access the benefit, the FCC must do what it can to reduce the burden of verification.

It has been almost 100 years since our nation has faced such a widespread public health crisis. It is not a stretch to say that we are living in extraordinary times. Before the pandemic, many activities were online, but the pandemic has pushed almost all daily activities online. Without the internet, households struggle to work, learn, and access medical care, news, or government services. In some cases, access to the internet makes the difference between life and death (like for those who rely on health monitoring devices automatically notifying their doctor of a problem). The Commission should take this into account when balancing its need to deter waste, fraud, and abuse with connecting people in desperate need of a critical service.

Given the extraordinary times we are in, we urge the Commission to do everything in its power to make sure that consumers are not deterred from accessing the EBB. The ideal way to minimize burden on consumers is to use the automated function of the National Verifier Database (NVD). Unfortunately, the NVD does not yet have the data sharing agreements it needs to automatically verify that consumers participate in Pell, free/reduced price school meals, or the unemployment insurance system. We understand that USAC will need to renegotiate the data sharing agreements it already has in place to ensure that non-Lifeline eligible consumers can be automatically verified for the EBB. Even after agreements are signed, which can take 9-12 months or longer, the Computer Matching and Privacy Protection Act would delay data sharing by at least 60 sixty days due to requirements in that law./3 This means that, at least initially, most consumers who aren't eligible for Lifeline will need to undergo manual verification of eligibility through the NVD or their provider. This will require most applicants to gather sufficient documentation, find a way to upload it, fax it or mail it to USAC or their provider, and then wait for verification.

According to a recent Government Accountability Office report, "more than two-thirds of applicants who underwent manual review between June 2018 and June 2020 did not complete their applications."/4 The incompletion rate in the NVD process points to more systemic problems, but in the instant case its use with the EBB would prevent a large portion of eligible households from availing themselves of the support provided through the program. Additionally, it would make Lifeline subscribers, who are already in the system and who therefore can be automatically verified, more likely to avail themselves of the benefit than non-Lifeline recipients who would face a higher burden in applying. Congress did not intend for the EBB to advantage one group of participants over another, and the Commission should take the necessary steps to ensure all participants have an equal opportunity to access the EBB funding.

While Congress should ensure that all eligible households are able to enroll seamlessly in the EBB by mandating data matching agreements with the federal and state agencies holding relevant data, short of Congressional action, per the statute the Commission can take steps to reduce the number of eligible individuals who do not complete their applications by maximizing the opportunity for self-certification both within the NVD and within the internet service providers' own verification methods./5

Thus, we urge that the Commission permit applicants to self-certify, under penalty of perjury and with an understanding that benefits wrongfully claimed must be returned. The application through providers, or the NVD could include a short, easily understood list of the requirements for eligibility. The applicant household would check the applicable boxes, a box certifying that they understand they are entitled only to one benefit per economic household, and a box certifying their understanding that their self-certification of eligibility could be audited. This will prevent mistaken applications by ineligible individuals or multiple individuals from one household, and will serve as a reasonable deterrent to fraud. Because the Commission will have the addresses of successful applicants receiving service, the Commission (through USAC) can audit the program and recover any fraudulent benefits. The Commission will be easily able to audit the program if data matching agreements with the relevant agencies are signed.

To incentivize providers to accept self-certification as a part of their verification methods, the Commission could offer ISPs a safe harbor. To earn a safe harbor from liability, ISPs should show that (1) that staff marketing the subsidy understand the criteria for eligibility and limitations of the program; (2) they have clearly and conspicuously explained the criteria for eligibility to consumers and the limitations of the program to consumers; and (3) the consumer understands the information set forth. This can be accomplished by ISPs providing copies of their training materials and marketing materials for applicants. They could also require applicants to sign a statement affirming that the ISP has explained the eligibility requirements for the program and certifying that they qualify, under penalty of perjury and with an understanding that benefits wrongfully claimed must be returned.

While we understand the Commission's need to limit the potential for waste, fraud, and abuse, the low likelihood of waste, fraud, and abuse from consumers, as well as the short term and emergency nature of this subsidy, makes self-certification an appropriate response. Many claims of waste, fraud, and abuse in the Lifeline program are not as a result of intentional wrongdoing on the part of consumers, but rather on the part of providers taking advantage of program participants./6 Moreover, Congress noted that broadband is "a necessity for all and not a privilege for the few," and is particularly important during the pandemic."/7 Maximizing self-certification will be essential for ensuring that Congressional intent is met, and that households in new categories of eligibility can enroll and participate in modern life. This would not necessarily be the appropriate response for other subsidies moving forward.

Thank you for your consideration of this matter. Please feel free to reach out to Jenna

Leventoff, Senior Policy Counsel ([email protected]), with any questions.

Sincerely, Jenna Leventoff, Senior Policy Counsel, Public Knowledge Julie Peller, Executive Director, Higher Learning Advocates

Footnotes:

1/ Ron Wyden. (2020 June 29). Wyden, Blumenthal, Hirono and Schumer Introduce Bill To Ensure Americans Keep Broadband Access During the Pandemic [Press Release] https://www.wyden.senate.gov/news/press-releases/wyden-blumenthal-hirono-and-schumer-introduce-bill-to-ensureamericans- keep-broadband-access-during-the-pandemic; Coronavirus Economic Stabilization Act 15 U.S. Code Sec. 9005 (2020).

2/ See United States Government Accountability Office, Report to Congressional Requesters, (2021). https://www.gao.gov/assets/720/712068.pdf

3/ Id. at 19; Computer Matching and Privacy Protection Act of 1988, S. 496, 100th Cong. Sec. 552a (1988) https://www.congress.gov/bill/100th-congress/senate-bill/496/text.

4/ United States Government Accountability Office, Report to Congressional Requesters, at 3 (2021) https://www.gao.gov/assets/720/712068.pdf

5/ See Consolidated Appropriations Act, 2021, H.R. 133, 116th Cong. Sec. 904 (2020)

6/ See Federal Communications Commission, Notice of Apparent Liability for Forfeiture and Order (Arguing providers, such as TracFone, Inc., fabricate subscriber data and commit other acts in order to fraudulently seek reimbursement.) https://docs.fcc.gov/public/attachments/FCC-20-45A1.pdf; Commissioner Mignon Clyburn, Speech at the Consumer Federation of America Consumer Assembly 2013. Washington, DC, March 15, 2013 (pdf of transcript) https://www.fcc.gov/document/commissioner-clyburn-remarks-cfa-consumer-assembly-2013-washington-dc

7/ House Committee on Energy & Commerce. (2021 Feb 10). Energy and Commerce Committee Announces Hearing on Expanding Internet Access Amidst Pandemic [Press Release]. https://energycommerce.house.gov/newsroom/press-releases/energy-and-commerce-committee-announces-hearing-o n-expanding-internet-access

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To: Mitch McConnell, Senate Majority Leader, United States Senate, Washington, DC 20510

Nancy Pelosi, Speaker of the House, U.S House of Representatives, Washington, DC 20515

Senator Bill Cassidy, United States Senate, Washington, DC 20510

Senator Angus King, United States Senate, Washington, DC 20510 Senator Lisa Murkowski, United States Senate, Washington, DC 20510

Senator Jeanne Shaheen, United States Senate, Washington, DC 20510

Charles Schumer, Senate Minority Leader, United States Senate, Washington, DC 20510

Kevin McCarthy, House Minority Leader, U.S House of Representatives, Washington, DC 20515

Senator Susan Collins, United States Senate, Washington, DC 20510

Senator Joe Manchin, United States Senate, Washington, DC 20510

Senator Mitt Romney, United States Senate, Washington, DC 20510

Senator Mark Warner, United States Senate, Washington, DC 20510

Dear leaders McConnell, Schumer, Pelosi and McCarthy, and Senators Cassidy, Collins, King, Manchin, Murkowski, Romney, Shaheen and Warner,

We, the undersigned groups representing public interest, government, civil rights, labor, and rural advocacy groups, urge you to fund a federal broadband subsidy in forthcoming COVID-19 stimulus legislation. Tens of millions of people in the U.S. are facing economic hardship during the pandemic and still do not have broadband internet at home, leaving them unable to safely access nearly every facet of daily life during the pandemic, including healthcare, school, commerce, work, entertainment, and virtual social activities. With areas across the country seeing a dramatic increase in the number of COVID-19 cases, many states and localities are still encouraging residents to stay at home. In order to ensure that Americans can afford to access broadband service to engage in these vital activities during the pandemic, Congress must take action.

Even before the pandemic, millions of people in the U.S. did not have access to broadband. Low-income families, rural residents, and people of color are particularly impacted because of the high price of connectivity. During the pandemic, many more Americans find themselves unable to afford broadband because of the financial impacts of COVID-19. Thirty percent of low-income Black, Hispanic, and people of color say that they have missed an internet payment since the pandemic started, and half of low-income people of color are worried about being able to pay their broadband and phone bills over the coming months.

We understand that current stimulus proposals may include funding for broadband deployment and some suggestion that states could also use this money for adoption programs, but that they would not provide a federal broadband subsidy. While universal deployment is important, high prices are the most significant and immediate barrier to bridging this connectivity divide. Promoting affordability through the stimulus package will ensure that people get connected now.

The United States House of Representatives has already acted twice to help ensure that everyone has access to an affordable broadband connection. By passing the HEROES Act, the House voted to help low-income families and those financially impacted by COVID-19 afford broadband by providing them with a $50 subsidy, and to prohibit internet service providers from disconnecting customers unable to pay their bills. Now, the Senate must take action if they want communities to connect to broadband.

Everyone needs broadband internet service during this unprecedented crisis. That is why the Senate must act to include policies that support broadband adoption in stimulus legislation. We urge Congress to not overlook the fact that providing a broadband subsidy will quickly connect millions of people to this vital service. It is, perhaps, the single most impactful way to get our communities connected during the pandemic.

Sincerely,

Access Now

Asian Americans Advancing Justice | AAJC

Benton Institute for Broadband & Society

California Center for Rural Policy

Center for Rural Strategies

Common Cause

Communications Workers of America

Connecticut Office of Consumer Counsel

Consumer Reports

Detroit Community Technology Project

Fight for the Future

Free Press Action

Higher Learning Advocates

Highlander Research and Education Center

Institute for Intellectual Property and Social Justice

Instituto de Educacion Popular del Sur de California (IDEPSCA)

Local Initiatives Support Corporation (LISC)

Martinez Street Women's Center

Media Alliance

MediaJustice

Movement Alliance Project

NAACP

NTEN

National Consumer Law Center, on behalf of its low income clients

National Digital Inclusion Alliance

National Disability Rights Network (NDRN)

National Hispanic Media Coalition

National League of Cities

Native Public Media

New America's Open Technology Institute

Next Century Cities

Open Access Connections

OpenMedia

Pennsylvania Utility Law Project, on behalf of its low income clients

Public Knowledge

Public Utility Law Project of New York

Schools, Health & Libraries Broadband (SHLB) Coalition

The Greenlining Institute

Together for Hope

Tribal Digital Village Network

United Church of Christ, OC Inc.

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REPORT: https://docs.fcc.gov/public/attachments/FCC-21-29A1.pdf

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