Rule2022-05242
Establishing Emergency Connectivity Fund To Close the Homework Gap
Primary source
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Published
March 14, 2022
Effective
March 14, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) grants, in part, the Petition for Waiver filed by a group of Emergency Connectivity Fund Program stakeholders by waiving and extending the service delivery date to June 30, 2023 for all applicants who applied for Emergency Connectivity Fund support for equipment, other non- recurring services, and recurring services during the first and second application filing windows. The Bureau finds that due to the concurrent timing of the funding request processing and other factors beyond Emergency Connectivity Fund Program participants' control, certain first and second window applicants may not be able to use their committed funding to the full extent possible. The Bureau modifies the procedural rule and directs the Universal Service Administrative Company (USAC), the Administrator of the Emergency Connectivity Fund Program, to use June 30, 2023 as the service delivery date for all requests for equipment, other non-recurring services, and recurring services submitted during the first and second Emergency Connectivity Fund Program application filing windows.
Full Text
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<title>Federal Register, Volume 87 Issue 49 (Monday, March 14, 2022)</title>
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[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Rules and Regulations]
[Pages 14180-14181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05242]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 21-93; DA 22-176; FR ID 75675]
Establishing Emergency Connectivity Fund To Close the Homework
Gap
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
grants, in part, the Petition for Waiver filed by a group of Emergency
Connectivity Fund Program stakeholders by waiving and extending the
service delivery date to June 30, 2023 for all applicants who applied
for Emergency Connectivity Fund support for equipment, other non-
recurring services, and recurring services during the first and second
application filing windows. The Bureau finds that due to the concurrent
timing of the funding request processing and other factors beyond
Emergency Connectivity Fund Program participants' control, certain
first and second window applicants may not be able to use their
committed funding to the full extent possible. The Bureau modifies the
procedural rule and directs the Universal Service Administrative
Company (USAC), the Administrator of the Emergency Connectivity Fund
Program, to use June 30, 2023 as the service delivery date for all
requests for equipment, other non-recurring services, and recurring
services submitted during the first and second Emergency Connectivity
Fund Program application filing windows.
DATES: Effective March 14, 2022.
FOR FURTHER INFORMATION CONTACT: Molly O'Conor, Wireline Competition
Bureau, (202) 418-7400 or by email at <a href="/cdn-cgi/l/email-protection#6c210300001542232f0302031e2c0a0f0f420b031a"><span class="__cf_email__" data-cfemail="f1bc9e9d9d88dfbeb29e9f9e83b1979292df969e87">[email protected]</span></a>. The Federal
Communications Commission (Commission) asks that requests for
accommodations be made as soon as possible in order to allow the agency
to satisfy such requests whenever possible. Send an email to
<a href="/cdn-cgi/l/email-protection#31575252040105715752521f565e47"><span class="__cf_email__" data-cfemail="bed8dddd8b8e8afed8dddd90d9d1c8">[email protected]</span></a> or call the Consumer and Governmental Affairs Bureau at
(202) 418-0530.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Bureau's Order in
WC Docket No. 21-93; DA 22-176, adopted February 22, 2022, and released
February 22, 2022. Due to the COVID-19 pandemic, the Commission's
headquarters will be closed to the general public until further notice.
The full text of this document is available at the following internet
address: <a href="https://www.fcc.gov/document/wcb-extends-ecf-service-delivery-date-june-30-2023">https://www.fcc.gov/document/wcb-extends-ecf-service-delivery-date-june-30-2023</a>.
I. Introduction
1. In this Order, the Bureau grants, in part, the Petition for
Waiver filed by a group of Emergency Connectivity Fund Program
stakeholders led by the Schools, Health & Libraries Broadband (SHLB)
Coalition by waiving and extending the service delivery date to June
30, 2023 for all applicants who applied for Emergency Connectivity Fund
support for equipment, other non-recurring services, and recurring
services during the first and second application filing windows. The
Bureau finds that due to the concurrent timing of the funding request
processing and other factors beyond Emergency Connectivity Fund Program
participants' control, certain first and second window applicants may
not be able to use their committed funding to the full extent possible.
Therefore, in providing this relief, the Bureau seeks to alleviate
administrative burdens, streamline the process for Emergency
Connectivity Fund Program participants, and ensure applicants are
treated fairly and equitably regardless of when their applications are
processed and funding commitment decision letters are issued.
Accordingly, the Bureau modifies the procedural rule and directs USAC,
the Administrator of the Emergency Connectivity Fund Program, to use
June 30, 2023 as the service delivery date for all requests for
equipment, other non-recurring services, and recurring services
submitted during the first and second Emergency Connectivity Fund
Program application filing windows.
II. Discussion
2. Generally, the Commission's rules may be waived for good cause
shown. The Commission may exercise its discretion to waive a rule where
the particular facts make strict compliance inconsistent with the
public interest. In addition, the Commission may take into account
considerations of hardship, equity, or more effective implementation of
overall policy on an individual basis.
3. To ensure first and second window applicants can use all of
their Emergency Connectivity Fund support to connect students, school
staff, and library patrons regardless of when their application was
processed and funding commitment decision letter was issued, the Bureau
finds that good cause exists to waive and extend the service delivery
date to June 30, 2023 for all first and second window funding requests
for equipment, other non-recurring services, and recurring services. In
particular, the Bureau recognizes that in the swift implementation of
this emergency program, the timing of application reviews, post-
commitment change request processing, and the issuance of funding
commitment decision letters may have inadvertently resulted in some
applicants having less time to use the funded equipment and/or services
during the July 1, 2021 through June 30, 2022 funding period. Moreover,
other factors, such as disruptions in the global supply chain,
logistical delays, and the ongoing impact of the COVID-19 pandemic on
our nation's schools and libraries have contributed to the need for
additional time and present compelling and unique circumstances that
merit a waiver of our rules. As such, the Bureau extends the service
delivery date for all Emergency Connectivity Fund Program requests for
equipment, other non-recurring services, and recurring services
submitted during the first and second application filing windows. This
means that applicants will be able to receive Emergency Connectivity
Fund support for the full requested twelve months of service, or for
connected devices or other eligible equipment delivered by June 30,
2023.
4. The Bureau also concludes that extending the service delivery
date will not lead to any undue advantage in funding as the first and
second window applicants will not receive more funding than what is
allowed under the Emergency Connectivity Fund Program rules. In
addition, the Bureau finds that the public interest would not be served
were these first and second window applicants to lose or not be able to
fully use the committed Emergency Connectivity Fund support for the
equipment and broadband services needed for these students, school
staff, and library patrons to fully engage in remote learning during
this unprecedented time. Rather, the action the Bureau takes will allow
schools and libraries to provide and use the Emergency Connectivity
Fund-supported equipment and services beyond the current June 30, 2022
service delivery date, thereby enhancing the off-campus connectivity
available to students, school staff, and library patrons during the
ongoing emergency period, consistent with the goals of the Emergency
Connectivity Fund Program.
5. In granting the requested relief, the Bureau emphasizes that
this Order does not impact funding requests for the construction of new
networks or the provision of customer premises equipment for
datacasting services. Unlike requests for equipment or
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commercially available services, applicants seeking support for special
construction or customer premises datacasting equipment are provided
one year from the date of their funding commitment decision letter to
demonstrate that construction is completed and the services have been
provided. The one-year deadline for special construction and customer
premises datacasting equipment was established to ensure the greatly
needed services were provided as quickly as possible to these students,
school staff, and library patrons with continuing unmet needs during
the COVID-19 emergency period. Thus, in the interest of providing and
fully using this emergency funding to meet the immediate connectivity
needs of students, school staff, and library patrons nationwide, the
Bureau limits the relief provided by this Order to requests for
equipment, other non-recurring services, and recurring services
requested during the first and second application filing windows.
6. The Bureau also acknowledges SECA's concerns about the potential
impact that an extension of the service delivery date may have on
future application filing windows. The Bureau is mindful that these
funds are limited and have adopted safeguards to ensure the funds are
fully used for their intended purpose. The Bureau further believes that
taking a different approach than the one the Bureau adopts will
contribute to further delays, impose additional administrative burdens
on the affected first and second window applicants, and create
confusion among program participants by switching from a consistent
deadline to a more variable one. The Bureau concludes that extending
the service delivery date to June 30, 2023 will streamline the process
for all program participants and allow for the greater provision of
affordable devices and connectivity to students, school staff, and
library patrons in need during the ongoing pandemic and therefore,
furthers the mission of the Emergency Connectivity Fund. The Bureau
encourages applicants and service providers, who agree to invoice on
behalf of the applicant, to continue to submit timely requests for
reimbursement after receiving the requested eligible equipment or
services, to allow any unused Emergency Connectivity Fund support to be
made available to other students, school staff, and library patrons
with continuing unmet needs during this pandemic.
7. The Bureau is also mindful that certain applicants may have
modified their first or second application filing window recurring
services requests to reflect the dates that the services could be
delivered between July 1, 2021 and June 30, 2022, based on the date of
their funding commitment decision letter. For example, applicants may
only be able to use funding for 6 months of service based on a January
1, 2022 dated funding commitment decision letter. If an applicant has
modified a first or second window recurring services funding request,
they may submit a waiver to the Commission asking that the voluntarily
reduced funds be restored to those funding requests and subject to the
updated June 30, 2023 service delivery date.
8. The Bureau modifies Sec. 54.1711(e) accordingly to extend the
service delivery date to June 30, 2023. The Bureau makes this change
without notice and comment in accordance with the exception to the
Administrative Procedure Act (APA) for procedural rules. The updated
rule will become effective March 14, 2022.
9. Finally, the Bureau finds no evidence of waste, fraud, or abuse
is presented by waiving and extending the service delivery date to June
30, 2023. The Bureau emphasizes that the Commission is committed to
guarding against waste, fraud, and abuse and ensuring that funds
disbursed through the Emergency Connectivity Fund Program are used for
their intended purposes to provide broadband connectivity and connected
devices to students, school staff, and library patrons with unmet needs
during the ongoing COVID-19 emergency period. Although the Bureau
grants a waiver of and extends the service delivery date for the first
and second application filing window funding requests for the Emergency
Connectivity Fund Program, these actions do not affect the authority of
the Commission or USAC to conduct audits or investigations to verify
compliance with Emergency Connectivity Fund Program rules and
requirements.
III. Ordering Clauses
10. Accordingly, it is ordered, pursuant to the authority contained
in sections 1-4 and 254 of the Communications Act of 1934, as amended,
47 U.S.C 151-154 and 254, and Sec. Sec. 0.91, 0.291, and 1.3 of the
Commission's rules, 47 CFR 0.91, 0.291, and 1.3, that 47 CFR 54.1711 of
the Commission's rules is waived to the extent provided herein.
11. It is further ordered, that pursuant to Sec. 1.102(b)(1) of
the Commission's rules, 47 CFR 1.102(b)(1), this Order shall be
effective upon release.
12. The amended rule adopted in this Order constitutes a rule of
agency organization, procedure and practice and is not subject to the
Administrative Procedure Act requirements. Accordingly, this amended
rule is effective March 14, 2022.
List of Subjects in 47 CFR Part 54
Communications common carriers, Health facilities, Infants and
children, internet, Libraries, Puerto Rico, Reporting and recordkeeping
requirements, Schools, Telecommunications, Telephone, Virgin Islands.
Federal Communications Commission.
Cheryl Callahan,
Assistant Chief, Telecommunications Access Policy Division Wireline
Competition Bureau.
Final Rule
For the reasons set forth above, the Federal Communications
Commission amends 47 CFR part 54 as follows:
PART 54--UNIVERSAL SERVICE
0
1. The authority for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
229, 254, 303(r), 403, 1004, 1302, 1601-1609 and 1752 unless
otherwise noted.
0
2. Amend Sec. 54.1711 by revising paragraph (e) to read as follows:
Sec. 54.1711 Emergency Connectivity Fund requests for reimbursement.
* * * * *
(e) Service delivery date. For the initial filing window set forth
in Sec. 54.1708(b) and any subsequent filing windows covering funding
for purchases made between July 1, 2021 and June 30, 2022, the service
delivery date for equipment, other non-recurring services, and
recurring services is June 30, 2023.
[FR Doc. 2022-05242 Filed 3-11-22; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on March 14, 2022.
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