[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21500-21502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06779]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 21-450; FCC 23-15; FRS 134199]


Affordable Connectivity Program

AGENCY: Federal Communications Commission.

ACTION: Final order.

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SUMMARY: In the Fifth Report and Order, the Federal Communications 
Commission (Commission or FCC) offers an additional funding opportunity 
of up to $10 million for the National Competitive Outreach Grant 
Program (NCOP) and the Tribal Competitive Outreach Grant Program 
(TCOP), which are components of the Affordable Connectivity Outreach 
Grant Program (Outreach Grant Program).

DATES: Effective April 11, 2023.

FOR FURTHER INFORMATION CONTACT: Joel Graham, Attorney Advisor, 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
at (202) 418-7400 or [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Fifth 
Report and Order (Order) in WC Docket No. 21-450, FCC 23-15, adopted on 
March 13, 2023 and released on March 15, 2023. The full text of this 
document is available at https://docs.fcc.gov/public/attachments/FCC-23-15A1.pdf.

I. Introduction

    1. In the Order, the Federal Communications Commission (Commission) 
directs the Consumer and Governmental Affairs Bureau (Bureau)

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to offer an additional funding opportunity of up to $10 million for the 
National Competitive Outreach Grant Program (NCOP) and the Tribal 
Competitive Outreach Grant Program (TCOP), which are components of the 
Affordable Connectivity Outreach Grant Program (Outreach Grant 
Program). This maximum of $10 million will come from a combination of: 
(a) unspent funding--funding previously allocated to the Outreach Grant 
Program but not awarded; and (b) unobligated funding--funding from the 
$100 million Affordable Connectivity Program (ACP) outreach budget that 
the Commission has not yet allocated to specific outreach efforts. The 
Commission directs the Bureau to issue a Notice of Funding Opportunity 
(NOFO) to initiate the application process for this additional funding.
    2. The ACP plays an integral role in helping to bridge the digital 
divide, which remains a top priority for the Commission. As part of its 
efforts to encourage participation in the ACP, the Commission 
established the Outreach Grant Program in order to engage with partners 
around the country to help inform ACP-eligible households about the 
program in their local communities, with funding and resources to 
support such outreach and community engagement. The extensive demand 
for ACP outreach funding so far underscores the need for these funds 
and the importance of reaching the eligible households that have not 
yet enrolled in the ACP. This new funding opportunity for ACP outreach 
is intended to provide additional funding awards beyond the outreach 
grant awards announced by the Commission on March 10, 2023. Directing 
the Bureau to offer an additional outreach grant funding opportunity 
will allow additional eligible entities to receive grant awards to 
conduct this necessary outreach to increase participation among those 
Americans most in need of affordable connectivity.
    3. Pursuant to the authority provided to the Commission in the 
Infrastructure Investment and Jobs Act (Infrastructure Act), Public Law 
117-58, sec. 60502(a)(3), 135 Stat. 429, 1240 (2021),the Commission 
previously designated up to $100 million for all ACP outreach. Out of 
this $100 million, the Commission directed the Bureau in August 2022 to 
designate up to $60 million to be competitively allocated to eligible 
entities and to also designate a minimum of $10 million for grants 
specifically for ACP outreach to persons who live on qualifying Tribal 
lands. In November 2022, consistent with the Commission's funding 
designations, the Bureau issued a NOFO for up to $60 million for NCOP 
and a minimum of $10 million for TCOP. Hundreds of applicants applied 
for these programs, and the demand for national competitive grant 
funding exceeded the $60 million budget for this program.
    4. To expand the number of entities raising awareness of the ACP 
with the goal of increasing enrollments among eligible households, the 
Commission directs the Bureau to offer an additional funding 
opportunity for NCOP and TCOP totaling up to $10 million, to be 
distributed among each program equally insofar as possible. The 
additional funding for this funding opportunity will come from unspent 
Outreach Grant Program funding and ACP outreach funding not previously 
designated for specific ACP outreach activities, such that total 
funding including this additional NOFO does not exceed the $100 million 
previously designated for all ACP outreach in the Affordable 
Connectivity Program Order (ACP Order, 87 FR 8346, February 14, 2022. 
This approach carefully balances the demand for additional grant 
funding with the importance of maintaining fiscal responsibility of the 
ACP by staying within the $100 million budget the Commission 
established for all ACP outreach. The Bureau will continue to have the 
delegated authority outlined in the Second ACP Order, 87 FR 54311, 
September 6, 2022, in coordination with the Wireline Competition Bureau 
(WCB), the Office of the General Counsel (OGC), and the Office of the 
Managing Director (OMD) as appropriate, to develop, administer, and 
manage the Outreach Grant Program.

II. Discussion

    5. The overwhelming response to the Outreach Grant Program 
convinces the Commission that it is appropriate to issue a new funding 
opportunity for NCOP and TCOP, to be distributed equally between the 
programs to the extent feasible. This necessarily means raising the $60 
million upper limit on funding for NCOP. Therefore, the Commission 
directs the Bureau to release another funding opportunity for up to $10 
million, with the funding to come from unspent Outreach Grant Program 
funding and funding from the $100 million ACP outreach budget not 
already obligated for specific outreach activities. The Commission also 
directs the Bureau to issue a NOFO to solicit applications for this 
additional funding opportunity.
    6. Allocation of Funds. Due to the demand for outreach grant 
funding above the $60 million cap for NCOP set forth in the Second ACP 
Order and NOFO for that program, and due to the continued pressing need 
for outreach to persons on qualifying Tribal lands, the Commission 
directs the Bureau to offer a funding opportunity of up to a combined 
total of $10 million for NCOP and TCOP. For this funding opportunity, 
the Commission directs the Bureau to use funding from: (a) the $100 
million ACP outreach budget that has not been obligated to other ACP 
outreach activities, such as funds available for the FCC's own ACP 
outreach, and (b) any unspent Outreach Grant Program funding, i.e., 
funding not awarded through the initial notices of funding opportunity 
for the Outreach Grant Program. Although the Commission intends for the 
Bureau to divide the maximum of $10 million equally between NCOP and 
TCOP (e.g., $5 million per program), if the amount that will be awarded 
to applicants to either program is less than $5 million, the Commission 
authorizes the Bureau to transfer the balance from one program to the 
other, notwithstanding any funding minimums established in the Second 
ACP Order or this Order.
    7. The funding requested by grant applicants in response to the 
NOFO for the National Competitive Outreach Grant Program supports the 
Commission's decision to make available more funding for competitive 
grants to allow additional trusted outreach partners to increase 
awareness of and encourage enrollment in the ACP. The Commission 
established the Outreach Grant Program to provide a range of outreach 
partners with funding and resources in an effort to help inform 
households about the ACP and thus increase participation among those 
Americans most in need of affordable broadband connectivity. The 
Commission designated funds to the Outreach Grant Program, including 
the $60 million maximum for competitive allocation, with the 
``expect[ation] that the allocated budget . . . will support extensive, 
meaningful outreach by numerous eligible outreach partners.'' As made 
apparent by the overwhelming response to the Commission's initial 
Outreach Grant Program funding opportunity, the need for extensive, 
meaningful ACP outreach has not diminished. Consequently, the 
Commission raises the $60 million funding cap for NCOP and directs the 
Bureau to offer a new funding opportunity for this program.
    8. The Commission also directs the Bureau to make that funding 
opportunity available for TCOP. ACP outreach to persons on qualifying 
Tribal lands is a Commission priority, and an additional funding 
opportunity for

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TCOP will facilitate this vital outreach. The Commission's intent is to 
maximize the number of entities conducting ACP outreach to residents on 
qualifying Tribal lands, and the Commission thus directs the Bureau to 
make eligible Tribal governments and Tribal organizations aware of this 
funding opportunity and how to apply for it, including but not limited 
to by providing information sessions tailored to prospective Tribal 
applicants during the TCOP application window and highlighting changes 
in the NOFO from the initial NOFO for the Tribal program.
    9. The Commission declines at this time, however, to increase the 
$100 million budget for all ACP outreach established in the ACP Order 
and reaffirmed in the Second ACP Order. That budget balances the 
anticipated need for extensive ACP outreach with the responsibility to 
ensure that ample funds remain to provide the ACP benefit to qualifying 
households for as long as possible. Therefore, the funding opportunity 
established in the Order will not result in any changes to this $100 
million figure.
    10. Additional Notice of Funding Opportunity. The Commission 
directs the Bureau to issue a NOFO for the NCOP and TCOP funding 
designated in the Order. The notice will provide detailed information 
including the entities eligible for the funding, fundable expenses and 
activities, application and evaluation processes, reporting 
requirements, and other rules and requirements for the funding. The 
Commission further directs the Bureau to limit the additional funding 
opportunity designated in the Order to entities that do not receive 
funding from the first round of disbursements in the Outreach Grant 
Program, including as a pass-through entity or subrecipient. Expanding 
the number of entities performing ACP outreach will increase the 
likelihood of contacting consumers not reached by existing efforts.
    11. Except as expressly set forth in the Order, the new NOFO and 
awards remain subject to the statutes, regulations, directives, and 
guidance discussed, promulgated, or otherwise set forth in the Second 
ACP Order. In that order, the Commission established the goal and 
objectives of the Outreach Grant Program; provided examples of types of 
eligible entities and types of outreach activities and expenses that 
could be considered for funding; allocated funding set-asides for 
specific types of grantees; established important safeguards to promote 
program integrity and guard against potential waste, fraud, and abuse; 
adopted and implemented grant regulations; directed the Bureau to 
develop, manage, and administer the Outreach Grant Program; provided 
guidance and regulatory requirements for the framework of the Outreach 
Grant Program; and addressed other requirements and administrative 
aspects of the program. The Commission believes that these parameters, 
except to the extent expressly deviated from in the Order, provide the 
necessary structure and guidelines for this additional round of 
Outreach Grant Program available funding, consistent with the 
Commission's authority under applicable federal statutes and 
regulations.
    12. The Commission emphasizes that the Bureau retains the authority 
granted in the Second ACP Order to administer the Outreach Grant 
Program in a cost-effective manner. This includes the authority to 
limit the types of entities that may be eligible for a particular 
notice of funding opportunity; to prioritize certain types of 
applications; to revise allowable costs and cap certain expenses; to 
tailor the grant application process templates or submission windows to 
accommodate different types of grants or funding opportunities; and to 
educate prospective applicants about the grant program and the 
application process.
    13. For instance, to ensure the most efficient use and distribution 
of additional NCOP funding, the Bureau could, informed by previous 
experience with the Outreach Grant Program, limit the categories of 
eligible entities for this additional funding opportunity to the types 
of entities that would best maximize the reach, impact, and 
effectiveness of the additional NCOP funding. The Bureau could likewise 
limit the entities eligible for TCOP under the funding opportunity 
established by the Order. The Bureau could also limit the number of 
subrecipients permissible for an applicant applying as a pass-through 
entity or shorten or lengthen any application window to ensure 
efficient administration of the NOFO or otherwise meet the needs of a 
particular funding opportunity. Additionally, the Commission emphasizes 
that the Bureau may, prior to issuing a NOFO, conduct grant workshops 
and targeted outreach about the grant program to encourage quality 
grant applications.
    14. Further, because there has already been one opportunity for 
eligible entities to apply for national competitive grants, for this 
funding opportunity the Bureau is not bound by the minimum allocation 
for States and Territories set forth in the Second ACP Order, and the 
Bureau need not consider such allocations in developing this new 
funding opportunity. Nor is the Bureau, for this new funding 
opportunity, necessarily required to ensure that future NCOP awards be 
made to ``diverse geographic regions and entity sizes or types.''

III. Procedural Matters

    15. Paperwork Reduction Act. Pursuant to section 1752(h) of the 
Infrastructure Act, the collection of information sponsored or 
conducted under the regulations promulgated in the Fifth Report and 
Order is deemed not to constitute a collection of information for the 
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501-3521.
    16. Congressional Review Act. The Commission has determined, and 
the Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of the Fifth Report & Order, to Congress 
and the Government Accountability Office pursuant to 5 U.S.C. 
801(a)(1)(A).

IV. Ordering Clauses

    17. Accordingly, it is ordered that, pursuant to the authority 
contained in Section 904 of Division N, Title IX of the Consolidated 
Appropriations Act, 2021, Public Law 116-260, 134 Stat. 1182, as 
amended by section 60502 of Division F, Title V of the Infrastructure 
Investment and Jobs Act, Public Law 117-58, 135 Stat. 429 (2021), and 
the authority contained in sections 1, 4(i), and 5(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 155(c), 
1752, and the authority contained section 60502 of Division F, Title V 
of the Infrastructure Investment and Jobs Act, 47 U.S.C. 
1752(b)(10)(C), the Fifth Report and Order is adopted.
    18. It is further ordered that the Fifth Report and Order shall be 
effective April 11, 2023.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-06779 Filed 4-10-23; 8:45 am]
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