Upcoming Dates:
| June 9 |
The Form 486 deadline for FY 2022 Wave 43. 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. Upcoming Form 486 deadlines are:
Wave 44 06/16/2023
Wave 45 06/23/2023
Wave 46 06/30/2023 |
| June 30 |
The last day to light fiber (or request an extension) for special construction projects from FY 2022. This is also the last day to receive all recurring services for FY 2022 (including BMIC maintenance services even if filed as one-time charges). |
FCC Streamlined Decisions:
The FCC issued another set of “streamlined” precedent-based decisions (DA 23-433) last week. This batch of decisions included a large number of approvals for waivers of the FY 2023 Form 471 deadline for those late-filed applications certified within 14 days of the close of the window. As with past streamlined decisions, applicants facing similar problems as those addressed in these decisions may garner useful information by carefully reading the additional FCC explanations found in the footnotes. The original appeal and waiver requests can be found online in the FCC’s Search for Filings under Docket 02-6 (E-rate) or Docket 21-93 (ECF).
In May’s streamlined decisions, the FCC:
- E-Rate Dismissed:
- Six Requests for Waiver, essentially dismissed as moot, because: (a) the Form 471 had been timely filed; or (b), no adverse USAC decision had yet been issued.
- One application for not complying with the FCC’s basic filing requirements.
- One Petition for Reconsideration for failure to identify any material error, omission, or reason warranting reconsideration.
- Two Petitions for Reconsideration that were untimely filed.
- One Request for Waiver (deemed by the FCC to be an appeal) dismissed to allow an appeal to be filed with USAC.
- E-Rate Granted:
- One Request for Waiver requiring USAC to reevaluate an entity’s eligibility based on additional supporting evidence.
- One Request for Waiver for an invoice deadline extension. The grant of an invoice waiver is a relatively rare event, justified in this case based upon extensive documentation of an apparent USAC system problem.
- One Request for Waiver for invoice deemed to have been filed on time.
- One hundred and seventy-eight Requests for Waiver for late-filed Form 471 applications for FY 2023 filed within 14 days of the window close.
- Five Requests for Waiver for late-filed Form 471 applications for FY 2023 due to “circumstances beyond their control.”
- Seven Requests for Review or Waiver for ministerial and/or clerical errors involving wrong Form 470 numbers, a missing FRN, or incorrect or missing invoice data.
- Two Requests for Waiver for permissible service implementation delays.
- One Request for Review for a permissible SPIN change.
- Two Requests for Waiver of the appeal filing deadline.
- Five Requests for Waiver of the special construction service delivery deadline, four involving Navaho Nation consortium applications in Arizona and New Mexico.
- E-Rate Denied:
- Eighty-two Requests for Waiver on Form 471 applications for FY 2023 filed more than 14 days late and failing to present special circumstance justifying waivers.
Note: The FCC also partially approved and partially denied two Requests for Waiver for late-filed Form 471 applications for FY 2023, approving those filed within 14 days and denying those filed beyond 14 days.
- Four Requests for Waiver for late-filed invoices or invoice deadline extension requests.
- One Request for Waiver and/or Review involving a late filed Form 471 application for FY 2020 reportedly due to ministerial and/or clerical errors.
- Five Requests for Waiver for untimely filed appeals or waiver requests.
- ECF Dismissed:
- One Request for Waiver dismissed as insufficient.
- ECF Granted:
- Four Requests for Waiver involving the early delivery of equipment.
- One Request for Review and/or Waiver involving payment verification.
- One Request for Waiver on a service delivery date.
- ECF Denied:
- One Request for Waiver for a late-filed Window 3 application. This is the first denial of a late-filed ECF application we’ve seen indicating that the FCC does not intend to provide the same flexibility on ECF applications as it has applied on E-rate applications. The stricter adherence to ECF filing deadlines undoubtably reflects the need to adhere to the priority funding scheme being employed for Window 3 applications.
- Two Requests for Waiver and/or Review of untimely filed appeal or waiver requests (reminding applicants in a footnote that the ECF filing deadline for appeals and waivers is 30 days, not 60 days as in E-rate).
ACP Program Updates
The Affordable Connectivity Program (“ACP”), which provides discounts of up to $30 per month ($75/mo. in Tribal areas) on home internet services for low-income households, is or will become important to schools and libraries not participating in ECF or concerned with providing home access when ECF funds are depleted. Interested parties should subscribe to USAC’s ACP newsletters (subscribe).
USAC’s ACP – May 2023 Newsletter, released June 1st, includes the following two points of possible interest to schools and libraries encouraging ACP usage for their student and patron families:
- The URL to access the ACP online application has been transitioned from nv.fcc.gov to GetInternet.gov with a new landing page to make the application and enrollment process easier for consumers.
- ACP Recertification, which is an annual requirement for ACP subscribers, will begin this month. USAC is hosting a recertification training session Tuesday, June 6th, at 3:00 p.m. EDT (register).