With the formal ECF application window now closed, we are beginning to see a few Out-Of-Window (“OOW”) applications being filed with the hope that the FCC will grant waivers to have these applications considered “In Window.” With traditional E-rate applications, the FCC has historically granted such waivers, for applications filed within 14 days of the close of the regular application window (and more recently for COVID-related filing problems within 30 days of the close of the window).
Although there is no assurance that the FCC will apply the same waiver policy to late-filed ECF applications, the expectation appears reasonable assuming, as is likely, that total funding requested for in-window applications does not exceed the $7 billion program cap. To this end, USAC has already published ECF waiver guidelines. One key point to note, different from the traditional E‑rate waiver process, is that ECF OOW waivers must be filed with the FCC within 30 days — not the traditional 60 days — of receipt of the OOW notification from USAC.
A more immediate point to note is how OOW applications are designated in USAC’s ECF Portal. As first displayed, these applications are simply shown as “Certified,” no differently from other applications that were filed within the window. Once you click on the ECF application number, however, the Summary information will appear as follows:
Note that the Window Status clearly indicates “Out-Of-Window,” not “In-Window.” The Certified Date also references a filing date after the 8/13/2021 window closing date. In this example, the Last Modified Date is the same as the Certified Date, but this date may change based upon further processing steps.
Applicants who have filed, or even begun, multiple ECF applications will see a list of those applications in their ECF Portals. The list can be filtered by “Certified” applications to see only those applications actually filed. Without reordering the list of certified applications (e.g., by alphabetizing it), applications will be listed in the order filed. As a result, OOW applications will appear last.