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B-333170 Apr 16, 2021 1 (2021-04-16)

handle is hein.gao/gaolkd0001 and id is 1 raw text is: D1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-333170 April 16, 2021 The Honorable Maria Cantwell Chairman The Honorable Roger Wicker Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Frank Pallone, Jr. Chairman The Honorable Cathy McMorris Rodgers Ranking Member Committee on Energy and Commerce House of Representatives Subject: Federal Communications Commission: Emergency Broadband Benefit Program Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Federal Communications Commission (Commission) entitled Emergency Broadband Benefit Program (FCC 21-29). We received the rule on March 1, 2021. It was published in the Federal Register as a final rule on April 13, 2021. 86 Fed. Reg. 19532. The effective date is April 13, 2021. According to the Commission, the final rule establishes the Emergency Broadband Benefit (EBB) Program to support broadband services and devices to help low-income households. The Commission stated that the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, div. N, title IX, § 904, 134 Stat. 1182 (2020), (CAA) established an Emergency Broadband Connectivity Fund of $3.2 billion in the Treasury of the United States for the fiscal year 2021, to remain available until expended. The Commission stated CAA directed it to use the fund to establish the EBB Program, under which eligible low-income households may receive a discount off the cost of broadband service and certain connected devices during an emergency period related to the COVID-19 pandemic. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. § 808(2). The Commission determined it had good cause to waive the 60-day delay because Congress exempted the rule from notice and comment procedures in CAA. Pub. L. No. 116-260, div. N, title IX, § 904(h).

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