Upcoming E-Rate Dates:
| January 7 |
Form 486 deadline for FY 2018 funding committed in Wave 22. More generally, the Form 486 deadline is 120 days from the FCDL date or the service start date (typically July 1st), whichever is later. Other upcoming Form 486 deadlines are:
Wave 23 01/14/2019
Wave 24 01/22/2019
Wave 25 01/28/2019
Note: Applicants missing any Form 486 deadline should watch carefully for “Form 486 Urgent Reminder Letters” in their EPC News Feed. These Reminder Letters afford applicants 15-day extensions to submit their Form 486s without penalty.
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| January 15 |
Close of the administrative window which permits applicants to update their EPC entity profiles. |
| January 16 |
Opening of the FY 2019 Form 471 application window. |
| January 28 |
Invoice deadline — or deadline for requesting a 120-day extension — for FY 2017 non-recurring services. |
| February 26 |
Extended invoice deadline for FY 2017 recurring services. |
| March 27 |
Close of the FY 2019 Form 471 application window. |
FCC Suspends Most Operations During Government Shutdown:
Working off available funds, the FCC was able to maintain all of its operations for the first week of the government shutdown, but finally had to suspend most of its operations on Thursday, January 3rd. As reported previously, Universal Service (including E-rate) funding, which is not subject to government appropriations should not be affected. The FCC’s shutdown plan calls for the retention of two employees to certify USF payments and we have been advised that the U.S Treasury, which must make the payments, will also remain staffed.
What will be affected, depending upon the length of the shutdown, is FCC action on outstanding E-rate appeals and pending policy decisions, e.g., Category 1 amortization of non-recurring expenses (see article above) and a Category 2 funding plan for FY 2020 and beyond. The longer the shutdown continues, the greater the problem will become.
One additional concern was that the shutdown might affect the opening of the FY 2019 application window. Specifically, the Second E-rate Modernization Order (FCC 14-189, Para. 93) indicated that the Commission “expected” the Wireline Competition Bureau to monitor Category 2 budgets and to provide a “report on their sufficiency” before the opening of the filing window for FY 2019. Although that report has not been issued, USAC has been advised by the FCC that the window opening will not be delayed.
Senate Confirms Two FCC Commissioners:
On Wednesday, January 2nd, the U.S. Senate unanimously approved a full second term for FCC Commissioner Brendan Carr and filled the vacant second-Democratic Commissioner seat with Geoffrey Starks. The FCC is now back to full strength with three Republican Commissioners and two Democratic Commissioners, a 3:2 split historically favoring the Administration’s party. Mr. Starks, the new Commissioner, assumes the seat previously vacated by Mignon Clyburn. He most recently served as Assistant Chief of the FCC’s Enforcement Bureau.
FCC Decision Watch:
Just prior to the end of 2018, the FCC issued another set of “streamlined,” precedent-based decisions (DA 18-1270). Applicants facing similar problems as addressed in these decisions may garner useful information by carefully reading the additional FCC explanations found in the footnotes. The original appeal and waiver requests can be found online in the FCC’s Search for Filings.
In its decisions, the FCC:
- Dismissed:
- One Request for Waiver deemed moot for which invoicing records indicated that the applicant had already been fully compensated and all submitted invoices were funded.
- One Request for Waiver failing to comply with the FCC’s basic filing requirements.
- Two Petitions for Reconsideration for failure to “provide any reason why consideration of the new information they now provide is warranted and/or was not provided previously.”
- Granted:
- Six Requests for Review and/or Waiver of the 60-day appeal- or waiver-filing deadline, filed “only a few days late.”
- Two Requests for Waiver of the non-recurring September 30th service delivery deadline.
- One Request for Waiver granting a limited waiver of an invoice deadline to reinstate a USAC extension granted, but not received, over a holiday period.
- Three Requests for Review and/or Waiver for late-filed Form 486s “filed no later than 120 days after the last day to receive service…and where the applicant demonstrated good cause for filing late.”
- Nine Requests for Review and/or Waiver for ministerial and/or clerical errors.
- One Request for Waiver involving USAC’s allegation of an improper bid evaluation wherein the vendor selection matrix was dated the same date the applicant filed the Form 471. The FCC noted that “there is no Commission requirement that vendor selection documentation be dated before the contract award date.”
- One Request for Waiver to extend an invoice deadline for an applicant unable to file a timely BEAR pending USAC action.
- One Request for Review and/or Waiver for failing to comply with state or local procurement rules deemed “technical violations” by the FCC with no indications of waste, fraud, or abuse.
- Two Requests for Review and/or Waiver of service delivery deadlines as a result of “time limitations imposed by late-issued funding commitments.”
- Denied:
- Fifteen Requests for Waiver of invoice deadline extensions.
- Eight Requests for Waiver for applications filed more than two weeks late and failing to provide “special circumstances” justifying a waiver.
- One Request for Review and/or Waiver of an application relying on a Form 470 which did not seek bids on the E-rate service later requested.
- Nine Requests for Review and/or Waiver for untimely-filed waivers or appeals.
In a separate action (DA 19-15) based largely on a request by the California Department of Education, the FCC temporarily waived certain rules and deadlines for applicants affected by the October 2017 wildfires in Northern California. Somewhat surprisingly, although similar waiver requests have not yet been filed, the FCC’s Order makes no mention of California’s devastating fires in 2018.