The FCC released the proposed FY 2023 Eligible Services List (“ESL”) for public comment last week. The entire process can be summarized by one sentence in the first paragraph of the Public Notice (DA 22-878) reading: “This year, the Administrator and the Bureau are not recommending any specific changes to the proposed FY 2023 eligible services list. *”
The most interesting aspect of this year’s ESL Public Notice is what it did not include but did explain in a footnote addressing the eligibility of Wi-Fi on school buses stating:
On May 11, 2022, Chairwoman Rosenworcel circulated that a Declaratory Ruling, if adopted, would allow for providing Wi-Fi on school buses, finding that it serves an educational purpose and that the provision of such service is eligible for E-Rate support. See Press Release, FCC, Chairwoman Rosenworcel Circulates Ruling Making Wi-Fi on School Buses Eligible for E-Rate Support (May 11, 2022). If adopted, the Bureau will separately seek comment on the specific services and equipment needed to provide Wi-Fi on school buses.
Cybersecurity, another category of services and equipment that might someday become eligible for E-rate support, is again absent from the draft ESL but is likely to be proposed in the public comments. Although we encourage pro-cybersecurity comments, we note that the FCC has traditionally stated that the ESL comment process is not the forum for considering new classes of eligibility. Nevertheless, we were encouraged by a statement in the FCC’s “Report on the Future of the Universal Service Fund” (FCC 22-67) (see our newsletter of August 22nd) that while reliability and cybersecurity were not USF goals themselves because those “important concepts are already captured by our existing availability goals” [emphasis added]. In other words — our words, not the FCC’s — cybersecurity is already a goal!
Comments on the proposed ESL for FY 2023 are due September 21st; reply comments are due October 6th.