News of the Week

E-Rate for FY 2023:

USAC issued Wave 19 for FY 2023 on Friday, September 1st, for $129 million.  Total funding is now $2.14 billion.  At this point, USAC has funded 93.0% of the originally submitted applications representing 73.5% of the dollars requested.

ECF for 2021-2023:

As is normal, USAC skipped a week of ECF funding last week.  What was unexpected, and likely to benefit currently unfunded applicants, is that USAC appears to have processed $550 million in post-commitment funding reductions.  This reduction should permit funding of all remaining Window 3 applicants, regardless of discount rate.  It will also permit the FCC, as it just did, to approve waivers for certain late-filed ECF applications (see last week’s FCC streamlined decisions, discussed below). 

Total commitments for all three ECF windows are now at $6.38 billion, down from $6.93 billion as was reported the previous week.

Upcoming Dates:

FCC Streamlined Decisions:

The FCC issued another set of “streamlined” precedent-based decisions (DA 23-756) last week.  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).

The big news this month was the granting of late-filed ECF application waivers that, as discussed in the Funding Status section above, suggests that USAC and the FCC believe additional ECF funding is available to fund late- as well as all timely-filed Window 3 ECF applications.

In August’s streamlined decisions, the FCC:

1. E-Rate Dismissed:
   1. Two Requests for Waiver for applications deemed to have been filed on time.
   2. One Petition for Reconsideration filed late.
   3. One Request for Review dismissed to permit filing with USAC.
   4. Three filings for failure to comply with the FCC’s general filing requirements.
   5. Twelve Petitions for Reconsideration for failure to identify any material error, omission, or reason warranting reconsideration.
2. E-Rate Granted:
   1. Two Requests for Waiver to allow the submission of discount calculation information.
   2. One Request for Review remanding a FY 2007 application back to USAC for review.
   3. One Request for Waiver granting additional time to respond to a USAC PIA inquiry.
   4. One Request for Waiver granting additional time to respond to a USAC invoicing inquiry.
   5. Two Requests for Waiver for late-filed Form 471 applications due to serious illness.
   6. Five Requests for Waiver for late-filed FY 2023 Form 471 applications filed within 14 days of the window close.
   7. Thirteen Requests for Waiver for ministerial and/or clerical errors involving Form 471 applications or invoicing.
   8. One Request for Review and/or Waiver for services delivered after the contract expiration date.
   9. Two Requests for Waiver of the appeal filing deadline.
   10. One Request for Waiver of the special construction service delivery deadline.
3. E-Rate Denied:
   1. Three Requests for Review for failure to support requested discounts.
   2. One Request for Review for failure to a file a Form 470 for the current year.
   3. Forty-three Requests for Waiver on FY 2023 Form 471 applications filed more than 14 days late and failing to present special circumstances justifying waivers.
   4. Nine Requests for Waiver for late-filed invoices or invoice deadline extension requests.
   5. One Request for Waiver and/or Review for ministerial and/or clerical errors.
   6. One Request for Waiver for a Form 470 that did not seek bids on types of services later requested.
   7. One Request for Waiver denying a service substitution request not meeting the requirement that the two services provide the same functionality.
   8. Six Requests for Waiver for untimely filed appeals or waiver requests.
   9. One Request for Waiver regarding an urban/rural classification.
4. ECF Dismissed:
   1. One Petition for Reconsideration for failure to identify any material error, omission, or reason warranting reconsideration.
5. ECF Granted:
   1. BIG NEWS: Forty-two Requests for Waiver for late-filed ECF applications — 28 filed within 14 days of the close of the window; 14 more filed “with cause” more than 30 days late.  As indicated above, we believe these waivers indicate that sufficient funds will be available to fund all ECF applications filed in Window 3.
   2. One Request for Waiver involving the early delivery of equipment.
   3. One Request for Waiver permitting additional time to respond to a USAC inquiry.
   4. Three Requests for Review and/or Waiver involving payment verification.
   5. One Request for Waiver of the $400 “reasonable support cap” on ECF devices.
   6. One Request for Review and/or Waiver for a timely appeal.
   7. Two Requests for Waiver of the appeal filing deadline.
6. ECF Denied:
   1. One Request for Waiver for ineligible entities.
   2. Seven Requests for Waiver for late-filed ECF applications.

Hurricane Idalia Rule Waivers:

Last week, on its own motion, the FCC waived a series of Universal Service Fund rules and deadlines to assist participants and service providers in areas affected by Hurricane Idalia (see DA 23-805).  The hurricane-related key changes for E-rate and ECF are as follows:

For E-rate:

1. Program deadlines for appeals, waivers, Form 486s, BEARs and SPIs extended for up to 150 days to January 29, 2024.
2. FY 2022 service implementation deadlines extended to September 30, 2024.
3. Increased flexibility for service and equipment substitutions.
4. Recognition of document retention and production problems.

For ECF:

1. Deadline for appeals and waivers extended for up to 150 days to January 29, 2024.
2. Windows 1 & 2 invoice deadline also extended for 150 days to March 28, 2024.
3. Increased flexibility for service and equipment substitutions.
4. Recognition of document retention and production problems.

USAC’s ECF Program Newsletter Dated August 31, 2023, summarizes the mid-August FCC Order that extended the invoice deadline for most Window 1 & 2 FRNs from August 29, 2023, to October 30. 2023 (see DA 23-669 and our newsletter of August 21st).  USAC’s newsletter also provides a link to the new Emergency Connectivity Fund Invoice Deadline Tool (that properly reflects the new ECF invoice deadlines).

(Note: As of late last week, most, but not all, of the earlier August 29th invoice deadlines in USACs Emergency Connectivity Fund Program Data Tool have been updated to October 30th as well.)

Last week’s ECF newsletter also discusses:

• FCC Order DA 23-723 regarding rule waivers for those affected by the Hawaii wildfires.
• “Friendly” reminders on ECF program compliance.
• Links to other ECF resources.