ESL Reply Comments Support Suspension of Voice Phase-Down:
The FCC received at least seven reply comments on its draft Eligible Services List (“ESL”) for FY 2017 (DA 16-615), all supporting initial comments by Funds For Learning to suspend the phase-out of discounts on voice services (currently down 40%). The three strongest arguments supporting this position are:
- The phase-out of voice discounts is adversely affecting the applicant’s technology budgets.
- Voice is a critical service, particularly in emergency situations. Reducing voice discounts runs counter to the FCC’s own rules to support services that are essential to education, public health, or public safety. (Note the FCC waiver decision discussed below explicitly rejecting this argument.)
- Recognizing that the FCC’s request for ESL comments does not provide a forum for revisiting the voice phase-out provisions of the E-rate Modernization Order, that Order does require an evaluation of the phase-out after two years. Suspension of the phase-out for FY 2017 is appropriate until that evaluation is completed.
USAC Guidance on Library CIPA Compliance:
USAC issued a Special Edition News Brief last Thursday providing guidance for libraries on the Children’s Internet Protection Act (“CIPA”). The guidance reviewed the three basic requirements — an Internet safety policy, a “technology protection measure” (e.g., filter), and public notice and meeting — as well as FAQs on the following topics:
- Who certifies compliance with CIPA?
- When does a library need to be complaint with CIPA?
- Can CIPA issues be corrected?
- What documentation must the library maintain to document CIPA compliance?
Although USAC’s guidance is specifically addressed to libraries, the same CIPA requirements apply to schools as well — with one additional element. Schools are also charged with providing age appropriate training to students regarding Internet safety, appropriate online behavior, and cyberbullying.
E-Rate Central, which provides its own CIPA Primer, strongly recommends that all applicants review USAC’s CIPA guidance for libraries. Being able to document CIPA compliance is extremely important.
FCC Decision Watch:
The FCC released three E-rate decisions last week. Two (DA 16-821 and DA 16-822) resolved longstanding issues filed in 2009 and 2010, and one (DA 16-823) involving recent filings by 17 schools and districts. In particular:
- DA 16-821 granted an appeal involving a credit for the trade-in of equipment to be considered as a component of the applicant’s payment of its non-discounted share of new funding. The appeal, dating to FY 1999, preceded USAC’s 2004 advice to applicants that the valuation of trade-in equipment for this purpose “must be the fair market value or acquisition cost of the equipment, whichever is lower.”
- DA 16-822 granted a waiver of the equipment transfer rules in a very special case involving Hurricane Katrina in 2005. The FCC cautioned “that the extreme facts presented in this case” will not likely serve as precedent for future appeals.
- DA 16-823 denied requests for waivers for schools seeking discounts for cellular data plans to provide emergency backup for more robust and cost-effective in-school WiFi systems. In part, the appellants argued that such emergency use was justified by the same FCC education and public safety rules as cited by proponents of the voice phase-out suspension (see ESL reply comment article above). In this decision, the FCC rejects this argument stating “while the Communications Act identifies public safety as one of the factors to weigh in designating supported services, it does not require that the fund support all services that could further public safety without taking other factors and program goals into account.”
Form 486 Deadlines for July/August:
The Form 486 deadline for certifying the start of service (and CIPA compliance, if applicable) is 120 days from the later of the FCDL approval date or the start of service date. The deadlines for approved FY 2015 applications for August and the remainder of July (adjusted for weekends and holidays) are:
Wave 43 07/29/2016
Wave 44 08/05/2016
Wave 45 08/12/2016
Wave 46 08/19/2016
Wave 47 08/26/2016
The first Form 486 deadline for FY 2016 (Wave 1) will be October 31, 2016.