Rule2023-11733
Establishing Emergency Connectivity Fund To Close the Homework Gap
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2023
Effective
June 5, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) grants, in part, the Request for Waiver filed by the Schools, Health & Libraries Broadband Coalition and the Consortium for School Networking (collectively, the Petitioners). The Bureau waives and extends the service delivery date for certain applicants who applied for Emergency Connectivity Fund support for equipment, other non-recurring services, and recurring services during the first, second, and third filing windows. The Bureau also waives and extends the service delivery date for recurring service requests for first, second, and third filing window applicants that were approved for new construction services, but were unable to use the full amount of their approved funding for monthly recurring services associated with the construction.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36510-36513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11733]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 21-93; DA 23-405; FR ID 142102]
Establishing Emergency Connectivity Fund To Close the Homework
Gap
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
grants, in part, the Request for Waiver filed by the Schools, Health &
Libraries Broadband Coalition and the Consortium for School Networking
(collectively, the Petitioners). The Bureau waives and extends the
service delivery date for certain applicants who applied for Emergency
Connectivity Fund support for equipment, other non-recurring services,
and recurring services during the first, second, and third filing
windows. The Bureau also waives and extends the service delivery date
for recurring service requests for first, second, and third filing
window applicants that were approved for new construction services, but
were unable to use the full amount of their approved funding for
monthly recurring services associated with the construction.
DATES: Effective June 5, 2023.
FOR FURTHER INFORMATION CONTACT: Kate Dumouchel, Wireline Competition
Bureau, (202) 418-7400 or by email at <a href="/cdn-cgi/l/email-protection#307b5144551e74455d5f455358555c705653531e575f46"><span class="__cf_email__" data-cfemail="1e557f6a7b305a6b73716b7d767b725e787d7d30797168">[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#9bfdf8f8aeabafdbfdf8f8b5fcf4ed"><span class="__cf_email__" data-cfemail="13757070262327537570703d747c65">[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 23-405, adopted May 12, 2023, and released May
12, 2023. Due to the COVID-19 pandemic,
[[Page 36511]]
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-emergency-connectivity-fund-service-delivery-deadline">https://www.fcc.gov/document/wcb-extends-emergency-connectivity-fund-service-delivery-deadline</a>.
I. Introduction
1. In this document, the Bureau grants, in part, the Request for
Waiver filed by the Schools, Health & Libraries Broadband (SHLB)
Coalition and the Consortium for School Networking (CoSN)
(collectively, the Petitioners). First, the Bureau waives and extends
the service delivery date for certain applicants who applied for
Emergency Connectivity Fund (ECF) support for equipment, other non-
recurring services, and recurring services during the first, second,
and third filing windows, recognizing that some did not receive a
funding commitment decision letter (FCDL) or revised funding commitment
decision letter (RFCDL) approving an appeal, waiver, or post-commitment
change request early enough to make full use of the commitment. Next,
the Bureau waives and extends the service delivery date for recurring
service requests for first, second, and third filing window applicants
that were approved for new construction services, but were unable to
use the full amount of their approved funding for monthly recurring
services associated with the construction.
2. The Bureau finds that because of the timing for processing ECF
applications and other factors beyond ECF applicants' and service
providers' control, some ECF applicants may not be able to use all of
their approved committed funding to the fullest extent possible without
an additional waiver and extension of the service delivery date.
Therefore, in providing this relief, the Bureau makes it easier for ECF
applicants to use their full approved funding commitments and ensure
applicants are treated fairly and equitably regardless of when their
ECF applications are processed and funding commitment decision letters
are issued. At the same time, The Bureau also seek to de-obligate
funding that applicants do not need as soon as possible to make
additional funds available for the ECF funding applications that
otherwise could not be funded because demand received during the third
application filing window exceeded the amount of available funds.
Accordingly, the Bureau grants, in part, the Petitioners' request and
waives and modifies Sec. 54.1711(e) of the Commission's rules, and the
Bureau directs the Universal Service Administrative Company (USAC or
Administrator) to extend the service delivery date for all the relevant
funding requests, as discussed further below.
II. Discussion
3. 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.
4. To ensure the first and second filing window ECF applicants can
fully use their approved funding, the Bureau finds that good cause
exists to waive and extend the service delivery date if an FCDL or
RFCDL approving an appeal, waiver, or post-commitment change was issued
after a certain date, depending on funding request type. For recurring
service funding requests with an FCDL or approved RFCDL dated on or
after July 1, 2022, the service delivery date is 14 months after the
date of the FCDL or approved RFCDL, but not to extend beyond June 30,
2024. For eligible equipment funding requests with an FCDL or approved
RFCDL dated on or after January 1, 2023, the Bureau extends the service
delivery date to 180 days after the date of the FCDL or RFCDL, not to
extend beyond June 30, 2024. The Bureau provides 14 months and 180
days, respectively, because it recognizes that receiving a commitment
decision after a specific date that then does not allow the applicant
to use the full 12 months of approved recurring services, or receive
its approved equipment, presents special circumstances that merit a
waiver of our rules. This means that applicants receiving an FCDL or
RFCDL will have time to purchase equipment or up to 12 months of
recurring services delivered after the FCDL or approved RFCDL, but not
to extend beyond the ECF Program's sunset date of June 30, 2024.
5. For equipment funding requests submitted in the first and second
filing windows, the Bureau finds that six months is sufficient time for
delivery after an FCDL or RFCDL. In this regard, the Bureau notes that
connected devices, hotspots, and other eligible equipment are
commercially available through multiple service providers and that
supply chain issues that may have existed during the pandemic have
lessened. Given our goal of ensuring that ECF funds are used
expeditiously for their intended purpose, and that any unused funding
is available for the pending third application filing window ECF
requests, the Bureau expects schools and libraries to timely place
orders for eligible equipment, and for service providers to timely
fulfill them. Further, if the requested equipment is no longer needed,
the Bureau also expects applicants will take action to return the
unneeded funds to the program so the funds may be made available to
other ECF applicants whose students, school staff, or library patrons
have continuing unmet needs. Accordingly, the Bureau is providing a
shorter period of time for the receipt and delivery of eligible
equipment to ensure this funding is being used expeditiously, and for
the intended purposes of this emergency program.
6. The Petitioners request that the Bureau extends the service
delivery date for all first and second window applicants that did not
receive the FCDL or approved RFCDL until on or after March 1, 2022. The
Bureau finds that, on balance, a blanket waiver is not appropriate for
these funding requests and that it is better to target the waiver
relief to the ECF applicants that are more likely to have issues being
able to use their full funding commitment before the service delivery
date. The Bureau must balance its efforts to de-obligate unused ECF
funding and make it available to the remaining third window ECF
applications that otherwise cannot be funded because of insufficient
available funds. If there are applicants that received funding
commitment decisions before the dates outlined in this document or
other applicants that fall outside of the relief provided in this
document, and are unable to fully use their committed ECF support due
to special circumstances, they may file a waiver with the Commission to
request to extend their current service delivery date. This will allow
the Bureau to grant relief to those applicants that may need additional
time without delaying the Commission's ability to de-obligate unused
ECF funding for the majority of first and second window ECF applicants
that have fully used their funding and do not need additional time. For
similar reasons, the Bureau also elects to extend the service delivery
date for first and second window applicants that received an FCDL or
RFCDL on or after July 1, 2022, for recurring services, and on or after
January 1, 2023, for equipment, by 14 months and 180 days,
respectively, rather than extending all these ECF first and second
window funding requests' service delivery dates to June 30, 2024, in
order to de-obligate unused funds and make them available for remaining
[[Page 36512]]
timely-filed ECF third window requests. Fourteen months provides
schools and libraries with time to deploy equipment and provide up to
12 months of recurring service, and 180 days provides schools and
libraries with time to purchase and distribute equipment and devices to
students, school staff, and library patrons with unmet need.
7. Next, the Bureau extends the current December 31, 2023, service
delivery date to June 30, 2024, for all third application filing window
equipment, non-recurring, and recurring service requests. The Bureau
recognizes that due to circumstances beyond the control of the ECF
applicants and service providers, additional time is needed for
applicants to be able to fully use their approved funding for these
third window requests. Receiving a commitment decision or an approved
appeal or waiver after a specific date that then does not allow the
applicant time to purchase and receive the approved eligible equipment
and services, presents special circumstances that merit a waiver of our
rules. Unlike for the funding requests from the first and second filing
windows, on balance, the Bureau finds that a single service delivery
date for the majority of third window funding requests provides
administrative simplicity and reduces confusion given that these
funding requests with a current December 31, 2023, service delivery
date will likely not be de-obligated and committed in time to allow
additional third filing window applicants enough time to purchase and
receive eligible equipment and services before the program's funding
sunsets on June 30, 2024. This extension is limited to the number of
months requested and approved in the third application filing window,
and is not to exceed 12 months.
8. Recognizing that there are some recurring services associated
with new construction funding requests that may need additional time,
the Bureau also extends relief to ECF applicants receiving a commitment
for recurring services associated with a new construction request
approved during the first, second, or third filing windows that
received an FCDL or approved RFCDL on or after July 1, 2022. Unlike
requests for equipment or commercially available services, applicants
seeking support for new construction 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 new construction 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. The Bureau now recognizes that, due to special circumstances,
some applicants are unable to fully use the months of service for which
funding was approved because funding commitments were issued close to
the service delivery date for these recurring service funding requests.
The Bureau therefore extends the service delivery date to June 30,
2024, for approved recurring services associated with a new
construction funding request if the FCDL or approved RFCDL for the new
construction services was received on or after July 1, 2022. However,
the Bureau does not otherwise extend or waive the current one-year
deadline to complete the special construction services from the date of
the FCDL.
9. The Bureau finds that waiving and extending the service delivery
date for the ECF applicants discussed will not lead to any additional
funding being made available to these applicants, but rather it allows
the applicants to use their approved and committed ECF funding pursuant
to the Commission's rules. In addition, the Bureau finds that the
public interest would not be served if these applicants are not able to
fully use the approved and committed ECF support for the eligible
equipment and broadband services needed for these students, school
staff, and library patrons with unmet needs who otherwise are not able
to fully engage in remote learning. Rather, the actions the Bureau
takes today will allow applicants to provide and use the ECF-supported
equipment and services beyond the current service delivery dates,
thereby enhancing the availability of off-campus connectivity to
students, school staff, and library patrons with continuing unmet needs
consistent with the goals of the ECF Program.
10. The Bureau is mindful that these ECF funds are limited and have
adopted safeguards to ensure the funds are fully used for their
intended purpose. The Bureau concludes that waiving and extending the
service delivery date for these ECF funding requests will allow for the
greater provision of affordable devices and connectivity to students,
school staff, and library patrons in need and, therefore, furthers the
mission of the ECF. 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 the unused ECF
support to be made available to for the remaining ECF third window
funding requests so that other students, school staff, and library
patrons with continuing unmet needs can also be served before the June
30, 2024, sunset date of the ECF Program.
11. The Bureau also modifies Sec. 54.1711(e) of the Commission's
rules to reflect the updated service delivery deadlines adopted herein.
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 June 5, 2023.
12. Finally, the Bureau finds no evidence of waste, fraud, or abuse
is presented by waiving and extending the service delivery date in this
manner. The Bureau emphasizes that the Commission is committed to
guarding against waste, fraud, and abuse and ensuring that funds
disbursed through the ECF Program are used for their intended purposes
to provide broadband connectivity and connected devices to students,
school staff, and library patrons with unmet needs. Although the Bureau
grants a waiver of and extends the service delivery date for certain
ECF funding requests, these actions do not affect the authority of the
Commission or USAC to conduct audits and other reviews and
investigations to verify compliance with ECF Program rules and
requirements. The Commission is also required to recover funds
disbursed in violation of statutory and/or rule requirements.
III. Ordering Clauses
13. 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 Sec. 54.1711 of
the Commission's rules is waived and amended to the extent provided
herein.
14. It is further ordered, that pursuant to Sec. 1.102(b)(1) of
the Commission's rules, 47 CFR 1.102(b)(1), the Order shall be
effective upon release.
15. The amended rule adopted in the 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 June 5, 2023.
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,
[[Page 36513]]
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. (1) Except as provided in paragraphs
(e)(1)(i) and (ii) of this section, for the initial filing window set
forth in Sec. 54.1708(b) and second application filing window, the
service delivery date for equipment, other non-recurring services, and
recurring services is June 30, 2023.
(i) If the funding commitment decision letter or a revised funding
commitment decision letter approving an appeal, waiver, or post-
commitment request for equipment, is received on or after July 1, 2022,
the service delivery date for service funding requests is 14 months
from the date of that letter or June 30, 2024, whichever date is
earlier.
(ii) If the funding commitment decision letter or a revised funding
commitment decision letter approving an appeal, waiver, or post-
commitment request for equipment, is received on or after January 1,
2023, the service delivery date for equipment is 180 days from the date
of that letter or June 30, 2024, whichever date is earlier.
(2) For the third application filing window and any subsequent
filing windows covering funding for purchases made between July 1,
2022, and June 30, 2024, the service delivery date for equipment, other
non-recurring services, and recurring services is June 30, 2024.
[FR Doc. 2023-11733 Filed 6-2-23; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 5, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.