Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Media Contact:
Will Wiquist, (202) 418-0509
will.wiquist@fcc.gov
For Immediate Release
STATEMENT OF FCC CHAIRMAN AJIT PAI
On the Future of Broadband in the Lifeline Program
WASHINGTON, March 29, 2017 - Federal Communications Commission Chairman Ajit Pai issued the
following statement today:
“I support including broadband in the Lifeline program to help provide affordable, high-speed Internet
access for our nation’s poorest families. Indeed, I worked hard to get a bipartisan agreement in place last
year that would have expanded Lifeline to include broadband, but the agreement was undone by those
who preferred a party-line vote.
“Going forward, I want to make it clear that broadband will remain in the Lifeline program so long as I
have the privilege of serving as Chairman. And we will continue to look for ways to make the program
work even better.
“Right now, over 3.5 million Americans are receiving subsidized broadband service through the Lifeline
program from one of 259 different Eligible Telecommunications Carriers (ETCs). And according to the
latest available figures, the number of customers receiving subsidized broadband service has increased by
over 16 percent during my Chairmanship.
“But as we implement the Lifeline program—as with any program we administer—we must follow the
law. And the law here is clear: Congress gave state governments, not the FCC, the primary responsibility
for approving which companies can participate in the Lifeline program under Section 214 of the
Communications Act. This is how the program worked over two decades, over three Administrations,
and over eight Chairmanships.
“However, the FCC last year rejected this bipartisan consensus, snatching this legal responsibility away
from states and deciding to create its own federal ‘Lifeline Broadband Provider’ designation process. At
the time, I explained why the Commission lacked the authority to do this.
“Twelve states, from Vermont to Wisconsin, are currently challenging the legality of the FCC’s order in
the U.S. Court of Appeals for the District of Columbia Circuit. In my view, it would be a waste of
judicial and administrative resources to defend the FCC’s unlawful action in court. I am therefore
instructing the Office of General Counsel to ask the D.C. Circuit to send this case back to the
Commission for further consideration. And the FCC will soon begin a proceeding to eliminate the new
federal designation process.
“In the meantime, we must consider the Lifeline Broadband Provider applications that are pending at the
FCC. In last year’s order, the Commission delegated to the Wireline Competition Bureau the authority to
address such applications.
“I do not believe that the Bureau should approve these applications. Here’s why.
“Hundreds of companies have been approved to participate in the Lifeline program through a lawful
process. Indeed, over 99.6 percent of Americans currently participating in the broadband portion of the
program receive service from one of those companies. New companies can enter the program using this
process, and I encourage them to continue to do so. Given this context, it would be irresponsible for the
Bureau to allow companies to sign up customers for subsidized broadband service through an unlawful
federal authorization process that will soon be withdrawn. This would force many consumers to switch
broadband providers in a relatively short period of time, which wouldn’t be fair to them.
“Congress established our universal service programs as a joint federal-state partnership. And through
the years, many states have helped consumers and protected taxpayers by enforcing the rules of the road.
As Senator Tom Udall (D-N.M.) recently observed in introducing bipartisan Lifeline legislation with
Senator Deb Fischer (R-Neb.), we need to ‘return the role of state utility commissions in determining
Lifeline eligibility. State utility commissions are key to policing against fraud and harmonizing federal
and state initiatives that will help us close the digital divide.’ By letting states take the lead on
certification as envisioned by Congress, we will strengthen the Lifeline program and put the
implementation of last year’s order on a solid legal footing. This will benefit all Americans, including
those participating in the program.”
###
Office of Chairman Ajit Pai: (202) 418-2000
Twitter: @AjitPaiFCC
www.fcc.gov/leadership/ajit-pai
This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official
action. See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).