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October 20, 2014

Introduction

The E-Rate Central News for the Week is prepared by E-Rate Central. E-Rate Central specializes in providing consulting, compliance, and forms processing services to E-rate applicants. To learn more about our services, please contact us by phone (516-801-7804), fax (516-801-7810), or through our Contact Us web form. Additional E-rate information is located on the E-Rate Central website.

Wave 24 for FY 2014 will be released on Wednesday, October 22nd.  Funding for FY 2014 is available for Priority 1 services only.  Priority 2 funding is being denied at all discount levels.  Cumulative funding for FY 2014 is $2.03 billion.

Wave 70 for FY 2013 will be released on Thursday, October 23rd.  Funding for FY 2013 is available for Priority 1 services only.  Priority 2 funding is being denied at all discount levels.  Cumulative funding for FY 2013 is $2.12 billion.

Wave 95 for FY 2012 will be released on Tuesday, October 21st.  Funding for FY 2012 is available for Priority 1 services and Priority 2 funding requests at 90 percent.  Priority 2 funding is being denied at 89 percent and below.  Cumulative funding for FY 2012 is $2.86 billion.

BEAR and SPI Invoice Deadline:

The deadline for filing applicant BEAR or vendor SPI invoices is normally 120 days after the last date to receive services.  Normally (and assuming that the 120 days does not end on a weekend or holiday), the invoice deadline for recurring services ending June 30th is October 28th.  The deadline for non-recurring services ending September 30th is January 28th of the following year.  Historically an applicant or service provider missing the invoicing deadline could apply for, and generally would be granted, an additional 120-day invoice deadline extension.

But E-rate history no longer serves as a reliable guide.  In terms of the invoice deadline, this can be good, as it was last year, or bad, as it may be for some applicants this year.

Last year’s October 28th invoice deadline for recurring FY 2012 services was effectively a non-event as the result of FCC instructions to USAC to issue automatic one-year invoice deadline extensions to any applicant or service provider missing the FY 2012 deadline.  This year’s October 28th deadline, therefore, applies to recurring service invoices for both FY 2012 and FY 2013.

The important changes, beginning this year as a result of the E-rate modernization Order, are three-fold:

  1. USAC will automatically grant, upon request, a single 120-day extension to an applicant’s invoice deadline.
  2. The request for that extension must be made on or before the original invoice deadline.
  3. A request for an additional extension, or a late-filed request for one from USAC, must be made to the FCC.

From a practical viewpoint, here’s what these changes mean:

  1. Hopefully, given last year’s automatic one-year extension, most valid recurring service invoices for FY 2012 have already been filed.  For any such invoices not yet filed, October 28th is a critical date.  Given that there has already been a one-year extension, it is not yet clear whether the new invoicing rule will permit USAC to grant an additional 120-day extension for FY 2012.
  2. Under current rules, invoices that are filed by the October 28th deadline, but subsequently rejected by USAC (i.e., “zero-funded”) after the deadline, can be re-filed only if an invoice extension has been previously granted.  Otherwise, an extension from the FCC will be required.  Logically, a re-filing extension should be granted for timely filed, but zero funded, invoices, however there is currently no automatic process to do so.
  3. Applicants still working on BEAR submissions must recognize that their service providers need to formally acknowledge those BEARs before those filings can be finalized.  In particular, applicants filing online BEARs just prior to the deadline run the risk of not having those BEARs actually submitted on time.  BEARs acknowledged after the October 28th deadline will be considered only if an invoice extension has been previously granted.

To play it safe for the upcoming invoice deadline, and to avoid the need for a subsequent request for an FCC extension, we recommend that 120-day Invoice Extensions be submitted to USAC for all active FRNs for which invoices have not yet been submitted and approved.

Form 486 Deadline:

The deadline for filing a Form 486 to confirm the start of service and CIPA compliance is the later of 120 days from the FCDL issuance date or the start of service (typically July 1st).  The most common Form 486 deadline for early FY 2014 funding waves 1-7, issued this year before July 1st, therefore is October 29th.  Based on subsequent FCDL dates, the next few deadlines are:

                                          Wave 8                  10/30/2014
                                          Wave 9                  11/07/2014
                                          Wave 10                11/13/2014
                                          Wave 11                11/20/2014
                                          Wave 12                11/27/2014

If an applicant misses its Form 486 deadline, USAC will reset the service start date on the applicable FRN(s) to a later date calculated as 120 days prior to the actual Form 486 filing date.  Funding will be provided only for services received on or after the revised service start date.

The penalty for missing a recurring service Form 486 deadline becomes progressively more severe for later deadlines.  For example, an applicant missing an October 28th deadline by a month would lose funding for the month of July.  A similar one-month late filing for the November 27th deadline would mean the loss of funding for both July and August.  Note that missing a non-recurring Form 486 deadline could have an all-or-nothing impact on funding depending upon whether the work was actually done before or after the new service start date.

CoSN Survey on E-Rate and Broadband Infrastrucure:

The Consortium for School Networking (“CoSN”) released its updated Annual E-rate and Infrastructure Survey last week.  Perhaps not surprisingly given efforts to increase the E-rate cap, the report “identifies affordability and adequate funding as the most significant barriers to delivering sufficient internet connectivity and transforming the learning environment in schools.”

E-Rate Modernization Comment Periods:

The due date for FCC comments on the revised Form 470 and Form 471 is October 22nd.  Copies of the revised drafts are available at:

Schools and Libraries News Brief Dated October 17 – Vendor Preparation for FY 2015

The S&L News Brief for October 17, 2014 discusses a number of tips for service providers to get ready for FY 2015 and to wrap up activities for earlier funding years, including:

  1. Review the E-rate modernization Order and related materials.
  2. File Form 473s for FY 2013 and FY 2014 if they have not already done so.
  3. Verify that USAC has their current information on Form 498.
  4. Finish filing Form 474s (“SPIs”) for FY 2013 recurring services.
  5. Finish approving customer Form 472s (“BEARs”) for FY 2013 recurring services.
  6. Check the status of non-recurring services with a service delivery deadline of September 30, 2014.
  7. Verify that their customers have submitted Form 486s for FY 2014.

The S&L News Brief for October 10, 2014 notes three items in its weekly news.  Applicants are encouraged to prepare for FY 2015 filings by reviewing the E-Rate Modernization Order, noting changes to such items as program forms, form submission, competitive bidding and contracts, determination of urban or rural status, discount calculations, definitions of Category One and Category Two, applicant budgets for Category Two services, eligible services, filing appeals, invoicing, and invoice deadline extension requests.

The News Brief reminds applicants that the invoice deadline for FY 2013 recurring services is October 28, 2014, just a few days more than two weeks away.  Applicants are reminded, that if they have completed invoicing USAC for services delivered on an FRN and the properly completed invoices have been paid, to check if any funds remain on the FRN.  If funds remain, applicants are urged to file an FCC Form 500 to return the unused funds to USAC, thus making them available for commitments to other applicants.

Lastly, applicants are reminded to submit and certify their FY 2014 FCC Form 486 if they have not already done so.  In general, if committed FRNs are featured on an FCDL dated on or before July 1 and the service start date on those FRNs is July 1, the deadline to file an FCC Form 486, Receipt of Service Confirmation and Children's Internet Protection Act and Technology Plan Certification Form, featuring those FRNs is October 29.