FCC Seeks Comment on ACP Data Collection Rules

FCC commissioners adopted an NPRM seeking comment on how it should craft rules for annual data collection on prices and subscription plans for services offerings through the affordable connectivity program (see 2206020058). The Infrastructure Investment and Jobs Act directed the commission to adopt rules for the data collection by November.

The FCC was also directed by the infrastructure law to adopt final rules on consumer broadband labels on pricing information (see 2204070059). The commission wants comments on how the two efforts will affect each other and whether the Universal Service Administrative Co.’s collection of subscription rates and other pricing information through ACP satisfies the statutory requirement “rather than conducting a new data collection.”

"Data matters," said Chairwoman Jessica Rosenworcel, saying she "look[s] forward to increasing the data we have regarding this program and the creative ways it can support digital equity efforts." The information collected will be used “for the evaluation of the performance” of the ACP in addressing the digital divide and ensuring the program's “efficient and effective administration,” the notice said. The FCC wants comments on the kind of information needed for this and whether it should collect information about whether an ACP subscriber is a “first-time subscriber to the provider.”

The agency proposed including the monthly charge of a service offering “absent the application of the [ACP] benefit” in the price. The notice seeks comment on whether other data should be included, such as whether an offering is pre- or postpaid, the values of promotional rates for streaming services and other discounts, as well as the cost of bundled services.

The commission also proposed defining subscription rates as the "total program subscribership to a unique internet service offering over time." The notice seeks comment on whether providers should be required to submit subscription rate data on a monthly or quarterly basis, plus the growth and churn rate. It also seeks comment on how the FCC should account for subscription rates offered nationally and across large geographic regions.

The FCC proposed collecting price and subscription rate data for ACP households at the subscriber level. Collecting information at this level would “allow commission staff to track the subscriber take-up rate of different plans over time" and “provide insight into whether the [ACP] is meeting the broadband needs of eligible households,” the notice said.

The notice also seeks comment on whether providers should be permitted to submit subscriber or aggregated-level data through the national Lifeline accountability database or another USAC system. Using a system “that is already familiar and that already contains information about the households enrolled in [ACP] will benefit providers, the commission, and USAC,” the notice said.

The data collection "will help inform how [ACP] is operating, the commission's understanding of what services are offered, and what consumers prioritize when they subscribe," said Commissioner Geoffrey Starks: "This level of insight will undoubtedly improve the program." Starks noted the "potential sensitivity of some of this data" and was "pleased" the FCC seeks comment on how to "best structure the information collection ... while protecting against the risk of disclosure of personally identifiable or proprietary information."

The infrastructure law directed the FCC to consider the "privacy interests of individual subscribers" during the data collection. The notice seeks comment on the extent to which subscriber-level data collection affects subscribers' privacy. It also seeks comment on the potential harm to providers' proprietary information.

Comments will be due 30 days after Federal Register publication, 45 days for replies in docket 21-450.