Rule2023-18464
Establishing Emergency Connectivity Fund To Close the Homework Gap
Primary source
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Published
August 28, 2023
Effective
August 28, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) grants a petition for limited waiver of the Emergency Connectivity Fund (ECF) program's invoice filing deadline submitted by T-Mobile USA, Inc. (T-Mobile). The Bureau waives the Federal Communications Commission's (Commission) rules to provide an automatic, one-time extension of the invoicing filing deadline to October 30, 2023, for any funding requests with an invoice filing deadline date occurring before October 30, 2023. The Bureau finds that a one-time extension of the invoice filing deadline for applicants and service providers will provide them with sufficient flexibility to complete and submit their invoicing forms and necessary supporting documentation to the Universal Service Administrative Company (USAC) and the Bureau directs USAC to provide an automatic, one-time extension of the invoice filing deadline to October 30, 2023, for any funding requests with an invoice filing deadline occurring before October 30, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 165 (Monday, August 28, 2023)</title>
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[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58509-58511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18464]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 21-93; DA 23-669; FR ID 164624]
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 a petition for limited waiver of the Emergency Connectivity Fund
(ECF) program's invoice filing deadline submitted by T-Mobile USA, Inc.
(T-Mobile). The Bureau waives the Federal Communications Commission's
(Commission) rules to provide an automatic, one-time extension of the
invoicing filing deadline to October 30, 2023, for any funding requests
with an invoice filing deadline date occurring before October 30, 2023.
The Bureau finds that a one-time extension of the invoice filing
deadline for applicants and service providers will provide them with
sufficient flexibility to complete and submit their invoicing forms and
necessary supporting documentation to the Universal Service
Administrative Company (USAC) and the Bureau directs USAC to provide an
automatic, one-time extension of the invoice filing deadline to October
30, 2023, for any funding requests with an invoice filing deadline
occurring before October 30, 2023.
DATES: Effective August 28, 2023.
FOR FURTHER INFORMATION CONTACT: Molly O'Conor, Wireline Competition
Bureau, (202) 418-7400 or by email at <a href="/cdn-cgi/l/email-protection#b7fad8dbdbce99f8f4d8d9d8c5f7d1d4d499d0d8c1"><span class="__cf_email__" data-cfemail="125f7d7e7e6b3c5d517d7c7d60527471713c757d64">[email protected]</span></a>. The
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#61070202545155210702024f060e17"><span class="__cf_email__" data-cfemail="52343131676266123431317c353d24">[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 In the
Matter of Request for Waiver by T-Mobile USA, Inc., Establishing
Emergency Connectivity Fund to Close the Homework Gap, Order in WC
Docket No. 21-93; DA 23-669, adopted August 14, 2023, and released
August 14, 2023 (Order). The full text of this document is available at
the following internet address: <a href="https://www.fcc.gov/document/wcb-grants-limited-waiver-ecf-invoice-filing-deadline">https://www.fcc.gov/document/wcb-grants-limited-waiver-ecf-invoice-filing-deadline</a>.
I. Introduction
1. In the Order, the Bureau grants a petition for limited waiver of
the Emergency Connectivity Fund (ECF) program's invoice filing deadline
submitted by T-Mobile USA, Inc. Specifically, the Bureau waives Sec.
54.1711(d) of the Commission's rules to provide an automatic, one-time
extension of the invoicing filing deadline to October 30, 2023 for any
funding requests with an invoice filing deadline date occurring before
October 30, 2023. The Bureau recognizes that many participants with a
service delivery deadline of June 30, 2023, or a service delivery
deadline that occurs shortly thereafter as a result of the Bureau's May
2023 Service Delivery Deadline Extension Order, In the Matter of
Establishing Emergency Connectivity Fund to Close the Homework Gap, WC
Docket No. 21-93, Order, rel. May 12, 2023, DA 23-405, 88 FR 36510
(June 5, 2023), may require additional time to complete the invoicing
process for eligible equipment and services that have already been
delivered and provided to students, school staff, and library patrons
with unmet needs. The Bureau finds that a one-time extension of the
invoice filing deadline for applicants and service providers with an
invoice filing deadline that falls before October 30, 2023 (Affected
Participants), will provide them with sufficient flexibility to
complete and submit their invoicing forms and necessary supporting
documentation to USAC, the Administrator of the ECF program, in order
to receive their committed funding. Accordingly, the Bureau directs
USAC to provide an automatic, one-time extension of the invoice filing
deadline to October 30, 2023 for any funding requests with an invoice
filing deadline occurring before October 30, 2023, and the Bureau
modifies Sec. 54.1711(d) of the Commission's rules to provide 60 days
to submit invoices from the date of the notification by USAC that a
refund request is processed by USAC.
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 ECF program participants can seek reimbursement for
all of their approved ECF funding used to connect students, school
staff, and library patrons with unmet needs, the Bureau finds good
cause exists to waive and extend the invoice filing deadline until
October 30, 2023, for applicants and service providers with invoice
filing deadlines occurring before that date. In addition, the Bureau
also modifies Sec. 54.1711(d) of the Commission's rules to allow
invoices to be submitted within 60 days from the date that USAC issues
a notification that a refund request submitted by an ECF participant
has been processed. In particular, the Bureau recognizes that due to
the evolving and emergent nature of this program, complexities in the
invoicing
[[Page 58510]]
process, and the impact of recent service delivery deadline extensions
provided by the Bureau, some program participants may have difficulty
timely submitting invoices by their current invoice filing deadlines
that fall before October 30, 2023, despite every attempt to comply with
the program's rules. The Bureau also understands that at times, ECF
funds must be returned (e.g., to correct entity information) and USAC
must process the refund request first, before the party is able to
submit a corrected invoice for a funding request. Furthermore, although
the Commission leveraged existing E-Rate processes and forms in the ECF
program, including invoicing, the Bureau understands that the ECF
program has a shorter invoice filing period than the E-Rate program and
that this is the first time some applicants and service providers are
submitting invoices using USAC's system, the ECF Portal, altogether.
The Bureau also acknowledges the coinciding timing of the invoicing
process for Affected Participants with many schools' summer vacations
and start of the school year. Taken together, the Bureau finds that
such factors have contributed to the need for additional time to file
invoices and present compelling and unique circumstances that merit a
waiver and modification of Sec. 54.1711(d) of the Commission's rules.
4. Moreover, The Bureau finds that a waiver and modification of
Sec. 54.1711(d) will not lead to any undue advantage in funding as the
Affected Participants will not receive more funding than allowed under
the ECF program rules, and their equipment and services have already
been received and delivered. In addition, the Bureau finds that the
public interest would not be served were these otherwise eligible ECF
participants to lose ECF funding for eligible equipment and services
needed to connect students, school staff, and library patrons with
unmet needs who otherwise are not able to fully engage in remote
learning because of their inability to submit invoices by their current
invoice filing deadline or because of the delay in the processing of
their refund request. Thus, the Bureau finds that providing an
automatic, one-time extension of the invoice filing deadline to October
30, 2023, for Affected Participants and a modification of Sec.
54.1711(d) to account for the processing of refund requests strikes the
right balance between the need for efficient administration of the ECF
program and allowing applicants and service providers adequate time to
receive their approved and committed ECF funding pursuant to the
Commission's rules. The Bureau therefore grants T-Mobile's request for
limited waiver and modification of Sec. 54.1711(d) of the Commission's
rules, and direct USAC to provide Affected Participants with an
automatic, one-time extension to submit their invoices to USAC no later
than October 30, 2023.
5. In granting the requested relief, the Bureau emphasizes that the
Order does not extend ECF program participants' service delivery
deadlines, nor does it alter the obligation of participants to comply
with the other program requirements set out in the Commission's rules,
including their obligation to certify to receipt of eligible equipment
and/or services and that they are not willfully or knowingly requesting
reimbursement for equipment or services that are not being used on
their ECF FCC Forms 472 and 474 (i.e., the requests for reimbursement).
As such, the Bureau reminds applicants that all eligible equipment and
services, including funding requests for special construction, must be
delivered by their service delivery date. The Bureau also reminds
applicants that, unlike E-Rate program rules, ECF program rules do not
permit any invoice filing extensions. For this reason, any ECF program
participant that requires additional time to submit their requests for
reimbursement beyond the relief granted herein must file a request for
waiver directly with the Commission and demonstrate good cause.
6. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
7. The Bureau also modifies Sec. 54.1711(d) of the Commission's
rules to reflect the updated invoice filing deadline rule 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 August 28,
2023.
8. The Commission will not send a copy of the Order to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rule is a
rule of agency organization, procedure, or practice that does not
``substantially affect the rights or obligations of non-agency
parties.''
9. Finally, waiving the invoice filing deadline does not increase
the risk of waste, fraud, or abuse. The Bureau emphasizes that the
Commission is committed to protecting the integrity of the ECF program
and ensuring that funds disbursed through the 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 limited waiver of the Commission's
invoice filing deadline for certain ECF funding requests, this action
does not affect the authority of the Commission or USAC to conduct
audits or investigations to determine compliance with ECF program rules
and requirements. The Commission is also required to recover funds
determined to be disbursed in violation of statutory and/or rule
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 Sec. 54.1711(d)
of the Commission's rules, 47 CFR 54.1711(d), is waived and amended 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), the Order shall be
effective upon release.
12. 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 August 28, 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, Telecommunications, Telephone, Virgin Islands.
Federal Communications Commission.
Jodie Griffin,
Chief, Telecommunications Access Policy Division, Wireline Competition
Bureau.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 54 as follows:
[[Page 58511]]
PART 54--UNIVERSAL SERVICE
0
1. The authority citation 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. Revise Sec. 54.1711(d) to read as follows:
Sec. 54.1711 Emergency Connectivity Fund requests for reimbursement.
* * * * *
(d) Invoice filing deadline. Invoices must be submitted to the
Administrator within 60 days from the date of a funding commitment
decision letter; a revised funding commitment decision letter approving
a post-commitment change or a successful appeal of a previously denied
or reduced funding; notification by the Administrator of a processed
returned funds (or refund) request; or service delivery date, whichever
is later.
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[FR Doc. 2023-18464 Filed 8-25-23; 8:45 am]
BILLING CODE 6712-01-P
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