The FCC released the final version of the Eligible Services List (“ESL”) for FY 2020. As expected, following the release of the Category 2 Order (FCC 19-117) the previous week, there were no surprises. In fact the actual ESL, included as an attachment to the ESL Order (DA 19-1249), was exactly the same as the FY 2019 ESL. Specifically:
- Language in the draft ESL indicating the conditional eligibility of Basic Maintenance of Internal Connections (“BMIC”), Managed Internal Broadband Services (“MIBS”), and caching servers was removed after these services were deemed permanently eligible in the Category 2 Order.
- The FCC clarified that “virtualized equivalents” of eligible services and equipment — i.e., those available in the cloud that can provide the same functions as locally installed internal connections equipment — are eligible for E-rate funding.
- The FCC declined requests to make any new equipment or services eligible for FY 2020. As it had in past years, the FCC deemed such requests to be “beyond the scope” of the ESL proceeding.
Given the pressing need for network security and resiliency, the FCC’s reluctance to expand the ESL accordingly for FY 2020 is disappointing. On the positive side, however, bipartisan support for future changes of this nature was expressed by two of the five Commissioners in the Category 2 Order, namely:
From Commissioner Michael O'Rielly:
From Commissioner Jessica Rosenworcel:
To move this forward, we’d be looking for the FCC to develop and release a Notice of Proposed Rulemaking (“NPRM”) to explore the eligibility of both Category 1 and Category 2 network security equipment and services. Any school or library that is subject to a cyber-attack should consider filing comments to help the FCC understand the breadth of the problem.