The Federal Communications Commission (FCC) has issued for public comment the draft E-Rate Eligible Services List (ESL) for Funding Year (FY) 2023. The FCC does not propose any significant changes to the ESL. Initial public comments are due September 21, 2022, and reply comments are due October 6, 2022. As noted in our previous News Flash, on May 11, 2022, Chairwoman Jessica Rosenworcel circulated a Declaratory Ruling which, if adopted, would make Wi-Fi on school buses eligible for E-Rate support. If the Declaratory Ruling is adopted, the FCC will separately seek comment on the specific services and equipment needed to provide Wi-Fi on school buses.

FCC Announces Program Demand for Third and Final Emergency Connectivity Fund Window and Issues First Wave of Funding Commitments Over 7,300 schools and libraries requested $2.8 billion in Emergency Connectivity Fund (ECF) applications filed in the third and final ECF application window, including over 500 applicants from California requesting close to $500 million. The FCC estimates there is at least $1.5 billion available to fund applications nationwide. Because demand exceeds available funds, the Universal Service Administrative Company (USAC) will first process applications filed by schools and libraries in the most rural and impoverished areas. USAC issued the first wave of funding approvals for applicants in both rural and urban areas that have a 75% or higher rate of poverty, typically indicated by eligibility for the National School Lunch Program. The FCC has not yet announced where it expects the funding cut-off to be in terms of applications filed by organizations with less than a 75% poverty rate. We will report this information as soon as it becomes available.

K12HSN filed comments in opposition to this proposal. We encourage any interested parties to file in support of these comments through the Express Comment feature in the FCC's Electronic Comment Filing System under proceeding number 21-455. You may view the entire record of comments in the 21-455 docket.

The Federal Communications Commission (FCC) has announced a third application window for the Emergency Connectivity Fund (ECF). The short, 15-day application window will open on April 28, 2022 and will close on May 13, 2022. ECF program funds may reimburse schools for the purchase of internet service and laptops or tablets necessary for students and teachers to participate remote learning activities away from school. This third application window is for purchases made on or after July 1, 2022 for a maximum 12-month period ending December 31, 2023.

The Federal Communications Commission (FCC) has announced a third application window for the Emergency Connectivity Fund (ECF). This third application window is for equipment and broadband services to support remote learning for a maximum 12-month period starting July 1, 2022 and ending December 31, 2023. The short, 15-day application window will open April 28, 2022 and will close on May 13, 2022.

The FCC Form 471 filing deadline for Funding Year 2022 closes on Tuesday, March 22, 2022, at 8:59 p.m. PDT. All applicants who are seeking E-Rate funding for eligible Category 1 and Category 2 services delivered between July 1, 2022 and June 30, 2023, must file their annual FCC Form 471 funding requests in USAC’s E-rate Productivity Center (EPC) online portal of the Universal Service Administrative Company’s (USAC) website by the March 22 deadline.

FCC Extends the Time to Receive Services under the Emergency Connectivity Fund Program to June 30, 2023 Based upon feedback from multiple stakeholder groups, the Federal Communications Commission has agreed to allow schools to use their approved Emergency Connectivity Fund (ECF) program funding to purchase equipment, other non-recurring services, and recurring services through June 30, 2023, a one-year extension from the original June 30, 2022, deadline. This extension applies to ECF applications successfully filed in the two application windows in the summer and fall of 2021. Since the application periods closed it has become clear that factors outside of the control of schools could jeopardize their ability to fully utilize their approved funding.

February 22, 2022 is Deadline to File FCC Form 470 for Funding Year 2022 E-Rate competitive bidding rules require that an FCC Form 470 be posted for a minimum of 28 days before filing an associated FCC Form 471 funding request. The E-Rate applicant must also follow all E-Rate competitive bidding rules. Note that the last date to file an FCC Form 470 and meet the minimum 28-day requirement, and also meet the FCC Form 471 filing deadline of March 22, 2022, would be February 22, 2022.

Funding Year 2022 E-rate Application Window Is Open The Universal Service Administrative Company (USAC) has announced the Funding Year 2022 E-rate application filing window. Schools that wish to request E-rate funding for services received from July 1, 2022 through June 30, 2023 must submit and certify an FCC Form 471 application in USAC’s E-rate Productivity Center (EPC) between Wednesday, January 12, 2022 and Tuesday, March 22, 2022. This is one of the earliest filing deadlines on record for the past few years. Schools are encouraged to create an internal timeline of events and necessary tasks so as to keep on track to meet the March 22 submission deadline.

FCC Clarifies Emergency Connectivity Fund Invoice Deadline On December 2, 2021, the Federal Communications Commission (FCC) normalized the invoice deadline for all Emergency Connectivity Fund (ECF) funding requests filed in the first and second application windows. The effective deadline for submission of invoices to USAC is the later of the following: August 29, 2022, or (less common), 60 days from the issuance of a Funding Commitment Decision Letter or Revised Funding Commitment Decision Letter approving a post-commitment change or appeal.