Moving Forward After ACP.

March 29, 2024

Vantage Point Advises Caution. 

ACP has Ended. 

The Federal Communications Commission (FCC) has announced that April 2024 marks the final month eligible subscribers will receive their full benefit under ACP. View the announcement here. In light of this development, many broadband providers are eager to bridge the gap with potential low-income package alternatives. While admirable, we strongly advise reviewing the FCC’s Digital Discrimination rules before proceeding. Learn more about these rules here.  

Move Forward Responsibly. 

While court or congressional challenges are likely, understanding the new FCC Digital Discrimination rules is crucial for moving forward responsibly. Your ISP could face risks if you offer a low-cost, income-based package to subscribers.  The FCC has indicated that compliance with BEAD and FUSF requirements (such as ACP and Lifeline) will be presumptively compliant with the Digital Discrimination rules.  However, the FCC has not clarified whether ISP created low-income programs or non-BEAD/FUSF programs are allowed.  Although intended to assist subscribers based on their income, such criteria could lead to a discrimination claim by those that do not qualify.  

It is Vantage Point’s interpretation that implementing a plan based on income eligibility could inadvertently expose your ISP to legal challenges related to digital discrimination. It’s also crucial to recognize that liability can arise not just from direct discrimination but also from unintentional actions that result in a disparate impact. 

Review Your Policies & Procedures. 

With ACP ending, this is a great time to review your pricing, packaging, internal policies, and documentation procedures. Assess whether your package offerings comply with the latest digital discrimination guidelines to ensure you’re aligned with current mandates to avoid potential legal complications. This is also an opportune time to review what processes and procedures are in place for documentation.  

The Vantage Point team is available to assist your ISP as you navigate the end of ACP. Contact us today for further guidance on how to adapt to these changes and continue supporting your communities effectively.