We hope everyone reading this newsletter is safe, healthy, and will stay that way. We are now operating in a truly extraordinary environment with most schools and libraries closed for at least two weeks — and realistically for a much longer period.
As discussed in last week’s newsletter, schools in particular are scrambling to provide remote learning opportunities for their students. Initiatives include loaning mobile hotspots and computing devices to needy students, boosting Internet bandwidth, and funding, procuring and implementing LMS (Learning Management System) software. One constant question is how much of these initiatives are, or could be made, E-rate eligible? The immediate answer, without E-rate rule changes or waivers, is “very little.” But a lot is being done to change that answer. Various factors at work are discussed below.
FCC’s “Keep Americans Connected Pledge”:
Two weeks ago, FCC Chairman Pai announced the launch of the Keep Americans Connected Pledge in which he personally asked broadband and telephone service providers for a 60-day voluntarily agreement to:
- Not terminate service to residential or small business customers because of their inability to pay their bills due to the disruptions caused by the coronavirus pandemic;
- Waive any late fees that residential or small business customers incur because of their economic circumstances related to the coronavirus pandemic; and
- Open their Wi-Fi hotspots to any American who needs them.
This effort has already borne fruit. Last week Chairman Pai reported that many companies (see initial list) had gone “above and beyond,” for example, to increase speeds, lift data caps, and/or offer 60 days of free Internet service to low-income customers and students.
Temporary Waiver of E-Rate Gift Rules:
Concerns that schools and libraries soliciting and/or accepting free or reduced-priced hardware and/or services would run afoul of the FCC’s E-rate gift rules were alleviated last week when the FCC, acting on its own motion, waived the gift rules (for both the E-rate and the Rural Health Care (“RHC”) programs). Acceptable gifts “could include but are not limited to free upgrades to connections, connected devices, equipment, and…other services that support remote learning for students and teachers who will be taking classes at and providing instruction from home as a result of COVID-19.” The FCC’s waiver (DA 20-290) will remain in effect through September 30, 2020, with the FCC indicating that it will “monitor the situation and assess the need for continued relief after this date.”
Three important points should be noted:
- Footnote #41 clarifies that: “To the extent service providers are willing to offer free or reduced-cost Internet access service directly to families with school-aged children, rather than to eligible E-Rate schools and libraries on behalf of students, we find no need to waive our gift rules, which only apply to eligible entities and service providers participating in or seeking to participate in the E-Rate program.”
- The FCC reminds E-rate applicants of “their obligation to comply with state and local procurement rules” that may also have gift restrictions.
- The Order does require E-rate participants “to retain records documenting the services, equipment, or other things of value that they receive pursuant to the waivers described above and consistent with the document retention periods applicable to each program.”
Other FCC and Congressional Actions:
Other actions, broadly intended to provide additional funding or more flexible rules are being proposed at both the FCC and Congressional levels, some designed to provide temporary, but immediate, relief — others of a longer-term nature. One expansive set of recommendations was submitted to the FCC last week by the Schools, Health & Libraries Broadband Coalition (“SHLB”). The SHLB letter, addressing both E-rate and RHC requirements, included the following school and library recommendations:
- Clarify that schools and libraries can allow their Wi-Fi networks to be shared with the community without losing E-rate funding.
- Allow schools, libraries and healthcare providers to increase their broadband capacity immediately.
- Waive the E-rate and RHC gift rules. (This has already been done — see above.)
- Extend E-rate deadlines for FY 2019 and FY 2020 (e.g., invoicing, special construction, and service delivery deadlines).
- Encourage ISPs to expand affordable broadband offerings to low-income people.
- Encourage broadband providers to open their Wi-Fi routers for use by any residential users.
- Make emergency funding available for hotspot lending programs.
- Grant pending petitions to permit school broadband expansion to homes.
- Provide supplemental funding for Wireless Internet Service Providers (“WISPs”) to more quickly deploy wireless Internet services in unserved areas.
- Establish a COVID-19 working group to include anchor institutions (including schools and libraries), public interest groups, and the industry to work through these ideas.
- Longer-term suggestions:
- Work with the U.S. Department of Education and the Institute of Museum and Library Services (“IMLS”) to implement a trial voucher program to provide affordable home broadband access.
- Open a window for rural schools and educational organizations to obtain rural EBS licenses.
- Expedite approval of new technical rules to promote the use and availability of TV White Spaces.
Additional Resources:
E-Rate Central has prepared the following two Technology Guides that readers may find useful in the current environment:
- Document Certification Using Adobe Acrobat Reader: With many school and library E-rate officials now working from home, often without printing and/or scanning capability, it is important to understand how to electronically sign and certify contracts and other important E-rate documents needed to support FY 2020 Form 471 applications. This Guide provides illustrated instructions for adding electronic signatures such as the following to PDF documents.
- Remote Learning Resources: This Guide discusses the work schools must do to provide (a) Internet access at home for students and staff, (b) computing devices to access educational content and systems, and (c) software to support remote communications, collaboration, and education. The Guide also provides links to the most popular remote learning tools.