Upcoming Dates:
September 26 |
Form 486 deadline for FY 2021 covering funding committed in Wave 56. More generally, the Form 486 deadline is 120 days from the FCDL date or from the service start date (typically July 1st), whichever is later. |
September 27 |
Second of two USAC webinars (rescheduled) on the ECF Invoice Review Process (register). This second webinar is supposed to cover the same invoicing material as the first webinar, which was held on September 20th. |
October 6 |
Reply comments due on the FCC’s proposed Eligible Services List (DA 22-878) for FY 2023. |
October 18 |
Beginning of USAC’s fall virtual E-rate training program (see registration information on USAC’s Webinars page).
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Program Overview |
October 18 |
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Pre-Commitment Process |
October 20 |
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Category 2 Budgets |
October 25 |
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EPC Administrative Window |
October 27 |
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Post-Commitment Process |
November 3 |
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Eligible Services |
TBA |
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October 24 |
Nominations due for six USAC Board of Directors positions (see DA 22‑877). |
October 25 |
EPC administrative window opens to permit E-rate entity updates. |
October 28 |
Invoice deadline for FY 2021 recurring service FRNs and/or the deadline for requesting a one-time 120-day extension to February 27, 2023. |
October 31 |
The first Form 486 deadline for FY 2022 Waves 1-11, committed before July 1, 2022. |
Limited Waivers on Late-Filed ECF Applications:
Given the limited funding available for ECF, we have long warned that the FCC would not be issuing many waivers on late-filed ECF applications as has been their practice for E-rate (see our article entitled Late-Filed ECF Applications – A Cautionary Tale in our newsletter of May 23rd). Indeed, we had seen the denial of four such waiver requests in May on the basis that the “petitioners failed to present special circumstance justifying a waiver of the rule.” Last week, however, we saw the first example of what the FCC would consider special circumstances when they approved late-filed ECF applications for three applicants who had been unable to file timely applications due to USAC’s “delays in resolving technical issues’ preventing access to the ECF Portal” (DA 22-993).
In its decision, the FCC explicitly noted that this relief was limited and that it did “not expect to grant additional waivers of the ECF third window application filing deadline on this basis absent a showing of special circumstances.” In addition, and as a footnote to this statement, the FCC noted “that the 30 day deadline to request a waiver of the third ECF application filing window deadline has passed” — further raising the bar to requesting late-filed waivers.
Updated List of Companies Deemed National Security Risks:
The FCC announced that it has added two more companies to its “Covered List” of companies deemed to pose national security risks to the nation’s communication networks. Under the FCC’s National Security Rules Order (FCC 19-121), Universal Service Fund (“USF”) subsidies, including E-rate discounts, cannot be used to purchase equipment, components, or services from these “covered companies” (see our newsletter of December 2, 2019). The current Covered List, which began with Huawei Technologies and ZTE Corporation, now numbers ten, all with ties to China.
FCC Rule Waivers for Hurricane Fiona:
The FCC released an Order (DA 22-998) waiving a series of program rules and deadlines to assist participants and service providers, including Universal Service Fund (“USF”) contributors, located in the areas affected by Hurricane Fiona that struck Puerto Rico on September 18th. The waivers cover the following program areas:
E-Rate:
- An additional 150 days (to Monday, February 20th) to submit:
- USAC and FCC appeals and waiver requests
- Form 486s
- BEARs and SPIs
- Extension of the special construction deadline from June 30, 2023, to June 30, 2024
- Elimination of the record retention requirement for records destroyed by Fiona
- Increased flexibility for service and equipment substitutions
Emergency Connectivity Fund (“ECF”):
- An additional 150 days to submit USAC and FCC appeals and waiver requests
- A 150 day extension to respond to USAC administrative deadlines such as PIA requests
- Elimination of the record retention requirement for records destroyed by Fiona
- Increased flexibility for service and equipment substitutions
The Order also provides relief for the Rural Health Care program, the Lifeline program, the Affordable Connectivity Program (“ACP”), the COVID-19 Telehealth program, and various rules affecting USF contributors.