[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Rules and Regulations]
[Pages 14180-14181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05242]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 21-93; DA 22-176; FR ID 75675]


Establishing Emergency Connectivity Fund To Close the Homework 
Gap

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Wireline Competition Bureau (Bureau) 
grants, in part, the Petition for Waiver filed by a group of Emergency 
Connectivity Fund Program stakeholders by waiving and extending the 
service delivery date to June 30, 2023 for all applicants who applied 
for Emergency Connectivity Fund support for equipment, other non-
recurring services, and recurring services during the first and second 
application filing windows. The Bureau finds that due to the concurrent 
timing of the funding request processing and other factors beyond 
Emergency Connectivity Fund Program participants' control, certain 
first and second window applicants may not be able to use their 
committed funding to the full extent possible. The Bureau modifies the 
procedural rule and directs the Universal Service Administrative 
Company (USAC), the Administrator of the Emergency Connectivity Fund 
Program, to use June 30, 2023 as the service delivery date for all 
requests for equipment, other non-recurring services, and recurring 
services submitted during the first and second Emergency Connectivity 
Fund Program application filing windows.

DATES: Effective March 14, 2022.

FOR FURTHER INFORMATION CONTACT: Molly O'Conor, Wireline Competition 
Bureau, (202) 418-7400 or by email at [email protected]. The Federal 
Communications Commission (Commission) asks that requests for 
accommodations be made as soon as possible in order to allow the agency 
to satisfy such requests whenever possible. Send an email to 
[email protected] or call the Consumer and Governmental Affairs Bureau at 
(202) 418-0530.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Bureau's Order in 
WC Docket No. 21-93; DA 22-176, adopted February 22, 2022, and released 
February 22, 2022. Due to the COVID-19 pandemic, the Commission's 
headquarters will be closed to the general public until further notice. 
The full text of this document is available at the following internet 
address: https://www.fcc.gov/document/wcb-extends-ecf-service-delivery-date-june-30-2023.

I. Introduction

    1. In this Order, the Bureau grants, in part, the Petition for 
Waiver filed by a group of Emergency Connectivity Fund Program 
stakeholders led by the Schools, Health & Libraries Broadband (SHLB) 
Coalition by waiving and extending the service delivery date to June 
30, 2023 for all applicants who applied for Emergency Connectivity Fund 
support for equipment, other non-recurring services, and recurring 
services during the first and second application filing windows. The 
Bureau finds that due to the concurrent timing of the funding request 
processing and other factors beyond Emergency Connectivity Fund Program 
participants' control, certain first and second window applicants may 
not be able to use their committed funding to the full extent possible. 
Therefore, in providing this relief, the Bureau seeks to alleviate 
administrative burdens, streamline the process for Emergency 
Connectivity Fund Program participants, and ensure applicants are 
treated fairly and equitably regardless of when their applications are 
processed and funding commitment decision letters are issued. 
Accordingly, the Bureau modifies the procedural rule and directs USAC, 
the Administrator of the Emergency Connectivity Fund Program, to use 
June 30, 2023 as the service delivery date for all requests for 
equipment, other non-recurring services, and recurring services 
submitted during the first and second Emergency Connectivity Fund 
Program application filing windows.

II. Discussion

    2. Generally, the Commission's rules may be waived for good cause 
shown. The Commission may exercise its discretion to waive a rule where 
the particular facts make strict compliance inconsistent with the 
public interest. In addition, the Commission may take into account 
considerations of hardship, equity, or more effective implementation of 
overall policy on an individual basis.
    3. To ensure first and second window applicants can use all of 
their Emergency Connectivity Fund support to connect students, school 
staff, and library patrons regardless of when their application was 
processed and funding commitment decision letter was issued, the Bureau 
finds that good cause exists to waive and extend the service delivery 
date to June 30, 2023 for all first and second window funding requests 
for equipment, other non-recurring services, and recurring services. In 
particular, the Bureau recognizes that in the swift implementation of 
this emergency program, the timing of application reviews, post-
commitment change request processing, and the issuance of funding 
commitment decision letters may have inadvertently resulted in some 
applicants having less time to use the funded equipment and/or services 
during the July 1, 2021 through June 30, 2022 funding period. Moreover, 
other factors, such as disruptions in the global supply chain, 
logistical delays, and the ongoing impact of the COVID-19 pandemic on 
our nation's schools and libraries have contributed to the need for 
additional time and present compelling and unique circumstances that 
merit a waiver of our rules. As such, the Bureau extends the service 
delivery date for all Emergency Connectivity Fund Program requests for 
equipment, other non-recurring services, and recurring services 
submitted during the first and second application filing windows. This 
means that applicants will be able to receive Emergency Connectivity 
Fund support for the full requested twelve months of service, or for 
connected devices or other eligible equipment delivered by June 30, 
2023.
    4. The Bureau also concludes that extending the service delivery 
date will not lead to any undue advantage in funding as the first and 
second window applicants will not receive more funding than what is 
allowed under the Emergency Connectivity Fund Program rules. In 
addition, the Bureau finds that the public interest would not be served 
were these first and second window applicants to lose or not be able to 
fully use the committed Emergency Connectivity Fund support for the 
equipment and broadband services needed for these students, school 
staff, and library patrons to fully engage in remote learning during 
this unprecedented time. Rather, the action the Bureau takes will allow 
schools and libraries to provide and use the Emergency Connectivity 
Fund-supported equipment and services beyond the current June 30, 2022 
service delivery date, thereby enhancing the off-campus connectivity 
available to students, school staff, and library patrons during the 
ongoing emergency period, consistent with the goals of the Emergency 
Connectivity Fund Program.
    5. In granting the requested relief, the Bureau emphasizes that 
this Order does not impact funding requests for the construction of new 
networks or the provision of customer premises equipment for 
datacasting services. Unlike requests for equipment or

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commercially available services, applicants seeking support for special 
construction or customer premises datacasting equipment are provided 
one year from the date of their funding commitment decision letter to 
demonstrate that construction is completed and the services have been 
provided. The one-year deadline for special construction and customer 
premises datacasting equipment was established to ensure the greatly 
needed services were provided as quickly as possible to these students, 
school staff, and library patrons with continuing unmet needs during 
the COVID-19 emergency period. Thus, in the interest of providing and 
fully using this emergency funding to meet the immediate connectivity 
needs of students, school staff, and library patrons nationwide, the 
Bureau limits the relief provided by this Order to requests for 
equipment, other non-recurring services, and recurring services 
requested during the first and second application filing windows.
    6. The Bureau also acknowledges SECA's concerns about the potential 
impact that an extension of the service delivery date may have on 
future application filing windows. The Bureau is mindful that these 
funds are limited and have adopted safeguards to ensure the funds are 
fully used for their intended purpose. The Bureau further believes that 
taking a different approach than the one the Bureau adopts will 
contribute to further delays, impose additional administrative burdens 
on the affected first and second window applicants, and create 
confusion among program participants by switching from a consistent 
deadline to a more variable one. The Bureau concludes that extending 
the service delivery date to June 30, 2023 will streamline the process 
for all program participants and allow for the greater provision of 
affordable devices and connectivity to students, school staff, and 
library patrons in need during the ongoing pandemic and therefore, 
furthers the mission of the Emergency Connectivity Fund. The Bureau 
encourages applicants and service providers, who agree to invoice on 
behalf of the applicant, to continue to submit timely requests for 
reimbursement after receiving the requested eligible equipment or 
services, to allow any unused Emergency Connectivity Fund support to be 
made available to other students, school staff, and library patrons 
with continuing unmet needs during this pandemic.
    7. The Bureau is also mindful that certain applicants may have 
modified their first or second application filing window recurring 
services requests to reflect the dates that the services could be 
delivered between July 1, 2021 and June 30, 2022, based on the date of 
their funding commitment decision letter. For example, applicants may 
only be able to use funding for 6 months of service based on a January 
1, 2022 dated funding commitment decision letter. If an applicant has 
modified a first or second window recurring services funding request, 
they may submit a waiver to the Commission asking that the voluntarily 
reduced funds be restored to those funding requests and subject to the 
updated June 30, 2023 service delivery date.
    8. The Bureau modifies Sec.  54.1711(e) accordingly to extend the 
service delivery date to June 30, 2023. The Bureau makes this change 
without notice and comment in accordance with the exception to the 
Administrative Procedure Act (APA) for procedural rules. The updated 
rule will become effective March 14, 2022.
    9. Finally, the Bureau finds no evidence of waste, fraud, or abuse 
is presented by waiving and extending the service delivery date to June 
30, 2023. The Bureau emphasizes that the Commission is committed to 
guarding against waste, fraud, and abuse and ensuring that funds 
disbursed through the Emergency Connectivity Fund Program are used for 
their intended purposes to provide broadband connectivity and connected 
devices to students, school staff, and library patrons with unmet needs 
during the ongoing COVID-19 emergency period. Although the Bureau 
grants a waiver of and extends the service delivery date for the first 
and second application filing window funding requests for the Emergency 
Connectivity Fund Program, these actions do not affect the authority of 
the Commission or USAC to conduct audits or investigations to verify 
compliance with Emergency Connectivity Fund Program rules and 
requirements.

III. Ordering Clauses

    10. Accordingly, it is ordered, pursuant to the authority contained 
in sections 1-4 and 254 of the Communications Act of 1934, as amended, 
47 U.S.C 151-154 and 254, and Sec. Sec.  0.91, 0.291, and 1.3 of the 
Commission's rules, 47 CFR 0.91, 0.291, and 1.3, that 47 CFR 54.1711 of 
the Commission's rules is waived to the extent provided herein.
    11. It is further ordered, that pursuant to Sec.  1.102(b)(1) of 
the Commission's rules, 47 CFR 1.102(b)(1), this Order shall be 
effective upon release.
    12. The amended rule adopted in this Order constitutes a rule of 
agency organization, procedure and practice and is not subject to the 
Administrative Procedure Act requirements. Accordingly, this amended 
rule is effective March 14, 2022.

List of Subjects in 47 CFR Part 54

    Communications common carriers, Health facilities, Infants and 
children, internet, Libraries, Puerto Rico, Reporting and recordkeeping 
requirements, Schools, Telecommunications, Telephone, Virgin Islands.

Federal Communications Commission.
Cheryl Callahan,
Assistant Chief, Telecommunications Access Policy Division Wireline 
Competition Bureau.

Final Rule

    For the reasons set forth above, the Federal Communications 
Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority for part 54 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
229, 254, 303(r), 403, 1004, 1302, 1601-1609 and 1752 unless 
otherwise noted.


0
2. Amend Sec.  54.1711 by revising paragraph (e) to read as follows:


Sec.  54.1711   Emergency Connectivity Fund requests for reimbursement.

* * * * *
    (e) Service delivery date. For the initial filing window set forth 
in Sec.  54.1708(b) and any subsequent filing windows covering funding 
for purchases made between July 1, 2021 and June 30, 2022, the service 
delivery date for equipment, other non-recurring services, and 
recurring services is June 30, 2023.

[FR Doc. 2022-05242 Filed 3-11-22; 8:45 am]
BILLING CODE 6712-01-P