[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23675-23676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08123]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID 136272]


Privacy Act of 1974; Matching Program

AGENCY: Federal Communications Commission.

ACTION: Notice of a new matching program.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(``Privacy Act''), this document announces a new computer matching 
program the Federal Communications Commission (``FCC'' or 
``Commission'' or ``Agency'') and the Universal Service Administrative 
Company (USAC) will conduct with the Department of Education. The 
purpose of this matching program is to verify the eligibility of 
applicants to and subscribers of the Affordable Connectivity Program 
(ACP), which is administered by USAC under the direction of the FCC. 
More information about this program is provided in the SUPPLEMENTARY 
INFORMATION section below.

DATES: Written comments are due on or before May 18, 2023. This 
computer matching program will commence on

[[Page 23676]]

May 18, 2023, and will conclude 18 months after the effective date.

ADDRESSES: Send comments to Elliot S. Tarloff, FCC, 45 L Street NE, 
Washington, DC 20554, or to [email protected].

FOR FURTHER INFORMATION CONTACT: Elliot S. Tarloff at 202-418-0886 or 
[email protected].

SUPPLEMENTARY INFORMATION: In the Consolidated Appropriations Act, 
2021, Public Law 116-260, 134 Stat. 1182, 2129-36 (2020), Congress 
created the Emergency Broadband Benefit Program, and directed use of 
the National Verifier to determine eligibility based on various 
criteria, including the qualifications for Lifeline (Medicaid, SNAP, 
etc.). EBBP provided $3.2 billion in monthly consumer discounts for 
broadband service and one-time provider reimbursement for a connected 
device (laptop, desktop computer or tablet). In the Infrastructure 
Investment and Jobs Act, Public Law 117-58, 135 Stat. 429, 1238-44 
(2021) (codified at 47 U.S.C. 1751-52), Congress modified and extended 
EBBP, provided an additional $14.2 billion, and renamed it the 
Affordable Connectivity Program (ACP). A household may qualify for the 
ACP benefit under various criteria, including an individual qualifying 
for the FCC's Lifeline program.
    In a Report and Order adopted on March 31, 2016, (81 FR 33026, May 
24, 2016) (2016 Lifeline Modernization Order), the Commission ordered 
USAC to create a National Lifeline Eligibility Verifier (``National 
Verifier''), including the National Lifeline Eligibility Database 
(LED), that would match data about Lifeline applicants and subscribers 
with other data sources to verify the eligibility of an applicant or 
subscriber. The Commission found that the National Verifier would 
reduce compliance costs for Lifeline service providers, improve service 
for Lifeline subscribers, and reduce waste, fraud, and abuse in the 
program.
    The Consolidated Appropriations Act of 2021 directs the FCC to 
leverage the National Verifier to verify applicants' eligibility for 
ACP. The purpose of this matching program is to verify the eligibility 
of ACP applicants and subscribers by determining whether they receive 
Federal Pell Grant benefits administered by the Department of 
Education.

Participating Agencies

    Department of Education (source agency), Federal Communications 
Commission (recipient agency) and Universal Service Administrative 
Company

Authority for Conducting the Matching Program

    The authority for the FCC's ACP is Infrastructure Investment and 
Jobs Act, Public Law 117-58, 135 Stat. 429, 1238-44 (2021) (codified at 
47 U.S.C. 1751-52); 47 CFR part 54.
    The Department of Education's legal authority for this matching 
program and the associated disclosures is provided by Section 904 of 
division N of the Consolidated Appropriations Act, 2021 (Pub. L. 116-
260) as amended by Division F, Title V of the Infrastructure and 
Investment Jobs Act, Public Law 117-58, and the Privacy Act, 5 U.S.C. 
552a. Prior to sending any records under this matching program to the 
Department of Education, USAC will obtain the prior written consent of 
all applicants for and subscribers to the ACP benefits whose 
eligibility is based on being a recipient of a Federal Pell Grant so as 
to permit the Department of Education to disclose their receipt of a 
Federal Pell Grant disbursement in an active award year to USAC and the 
FCC under the Family Educational Rights and Privacy Act (FERPA), 20 
U.S.C. 1232g(b) and 34 CFR 99.30, and the Privacy Act.

Purpose(s)

    The purpose of this modified matching agreement is to verify the 
eligibility of applicants and subscribers to Lifeline, as well as to 
ACP and other Federal programs that use qualification for Lifeline as 
an eligibility criterion. This new agreement will permit eligibility 
verification for ACP by checking an applicant's/subscriber's 
participation in the Federal Pell Grant Program. Under FCC rules, 
consumers receiving these benefits qualify for ACP benefits.

Categories of Individuals

    The categories of individuals whose information is involved in the 
matching program include, but are not limited to, those individuals who 
have applied for ACP benefits; are currently receiving ACP benefits; or 
who have received ACP benefits.

Categories of Records

    The categories of records involved in the matching program include 
the last four digits of the applicant's Social Security Number, date of 
birth, and first and last name. The National Verifier will transfer 
these data elements to the Department of Education, which will respond 
either ``yes'' or ``no'' that the individual is enrolled in a 
qualifying assistance program: Federal Pell Grant administered by the 
Department of Education.

System(s) of Records

    The records shared as part of this matching program reside in the 
ACP system of records, FCC/WCB-3, Affordable Connectivity Program, 
which was published in the Federal Register at 86 FR 71494 (Dec. 16, 
2021).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-08123 Filed 4-17-23; 8:45 am]
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