Communications Litigation Today was a Warren News publication.

NTCA Seeks Changes to ACP Non-Usage Rules

NTCA asked the FCC to consider reverting the affordable connectivity program's usage rules for asymmetric digital subscriber line (ADSL) services to those in the emergency broadband benefit program "with a technical infeasiblity exemption where such measurement is not possible," in comments posted Friday in docket 21-450 (see 2204150057). The FCC sought comment on AT&T's petition to waive the requirement for its grandfathered plans that use ADSL technology. The group said some of its members faced problems with capturing usage of its ACP-enrolled customers using ADSL technology. NTCA opposed FCC action that "would result in its members forgoing reimbursement for a discount extended to a subscriber." AT&T's willingness to do so "highlights that strict compliance with the rule ... is neither feasible nor reasonable," NTCA said. AT&T also met with Wireline Bureau staff on its petition, per an ex parte posted Monday, saying its request is "limited to a small and targeted subset of potentially eligible wireline customers on grandfathered plans utilizing ADSL technology that is no longer supported by equipment manufacturers."