[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19393-19395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07021]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 21-93; DA 22-309; FR ID 80121]


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) 
announces that a third application filing window for the Emergency 
Connectivity Fund (ECF) Program will open on Thursday, April 28, 2022, 
and close on Friday, May 13, 2022. The Bureau anticipates that a 
minimum of $1 billion will be available for commitment and disbursement 
for this third window. In view of outstanding demand, eligible

[[Page 19394]]

schools and libraries may request funding during this 15-day filing 
window for a maximum of 12 months of eligible services and equipment 
that will be received or delivered between July 1, 2022, and December 
31, 2023. Accordingly, the Bureau also modifies the Federal 
Communication Commission's (Commission) ECF rules to establish December 
31, 2023, as the service delivery date for equipment, other non-
recurring services, and recurring services requests submitted during 
the third application filing window.

DATES: Effective April 4, 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 or FCC) 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 Public 
Notice in WC Docket No. 21-93; DA 22-309, released March 23, 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/fcc-announces-third-ecf-application-window.
    1. Pursuant to the authority delegated to the Bureau in the 
Emergency Connectivity Fund Report and Order, 86 FR 29136, May 28, 
2021, the Bureau announces that a third application filing window for 
the ECF Program will open on Thursday, April 28, 2022, and close on 
Friday, May 13, 2022. The Bureau anticipates that a minimum of $1 
billion will be available for commitment and disbursement for this 
third window. In view of outstanding demand, eligible schools and 
libraries may request funding during this 15-day filing window for a 
maximum of 12 months of eligible services and equipment that will be 
received or delivered between July 1, 2022, and December 31, 2023. 
Accordingly, the Bureau also modifies Sec.  54.1711(e) of the 
Commission's rules to establish December 31, 2023, as the service 
delivery date for equipment, other non-recurring services, and 
recurring services requests submitted during the third application 
filing window.
    2. As part of the American Rescue Plan Act of 2021, Congress 
appropriated $7.171 billion to the ECF and directed the Commission to 
promulgate rules providing for the distribution of funding to eligible 
schools and libraries for the purchase of eligible equipment and/or 
advanced telecommunications and information services for use by 
students, school staff, and library patrons at locations that include 
locations other than a school or library. On May 10, 2021, the 
Commission adopted a Report and Order establishing the rules for the 
ECF Program to distribute the funding to eligible schools and 
libraries. The Commission and the Universal Service Administrative 
Company (USAC) opened an initial 45-day application filing window from 
June 29, 2021, to August 13, 2021, and a second 15-day application 
filing window from September 28, 2021, to October 13, 2021. During the 
first two application filing windows, applicants could request funding 
for eligible equipment and services received or delivered between July 
1, 2021, and June 30, 2022. On December 2, 2021, the Bureau established 
June 30, 2022, as the service delivery date for ECF requests for 
equipment, other non-recurring services, and recurring services 
submitted for the July 1, 2021, through June 30, 2022, funding period. 
Subsequently, in February 2022, the Bureau extended the service 
delivery date from June 30, 2022, to June 30, 2023, for funding 
requests for equipment and services submitted during the first and 
second application filing windows, recognizing that multiple factors 
outside of the applicants' control resulted in them having less time to 
use the funded equipment and services.
    3. The Bureau will open a third application filing window to 
provide ECF support for eligible equipment and services received or 
delivered between July 1, 2022, and December 31, 2023, in light of the 
continuing demand for prospective equipment and services and ECF 
stakeholders' concerns about meeting the persisting unmet connectivity 
needs of students, school staff, and library patrons during the 
upcoming school year. Specifically, the Schools, Health & Libraries 
Broadband (SHLB) Coalition and the State E-rate Coordinators' Alliance 
(SECA) urged the Commission to open a third prospective filing window 
this spring to enable schools and libraries to receive ``additional 
funding needed to continue engaging in online instruction to students 
and patrons in need'' because it makes the ``best policy sense to be 
forward looking and consider the future rather than the past needs of 
school students, educators, and library patrons.''
    4. In the third application filing window, applicants can request 
support and reimbursement for a maximum of 12 months of costs 
associated with eligible equipment or services during the 18-month 
funding period (i.e., July 1, 2022, to December 31, 2023). In 
establishing an 18-month funding period, the Bureau seeks to maximize 
flexibility for applicants, allowing first and second window applicants 
the full benefit of their 12-month ECF funding commitments and ensuring 
continuity of service, regardless of their term of service. The Bureau 
expects that this approach will address requests by SHLB and SECA to 
tailor third window ECF funding requests based on the service end dates 
of existing ECF-supported services, while facilitating the efficient 
administration of the program by establishing a firm service delivery 
end date. The Bureau believes these actions will maximize the use of 
the limited ECF funds and allow applicants to continue to provide 
eligible equipment and services to their students, school staff, and 
library patrons who would otherwise be unable to fully engage in remote 
learning without the continuation of the ECF-supported services.
    5. The Bureau also establishes December 31, 2023, as the service 
delivery date for equipment, other non-recurring services, and 
recurring services funding requests submitted in the third application 
filing window. As a result, the invoice filing deadline for these third 
window funding requests will be 60 days from the date of the funding 
commitment decision letter; a revised funding commitment decision 
letter approving a post-commitment change or a successful appeal of 
previously denied or reduced funding; or February 29, 2024 (i.e., 60 
days after December 31, 2023), whichever is later. The Bureau reminds 
applicants seeking support for the construction of new networks or the 
provision of customer premises equipment for datacasting services that 
they will continue to have one year from the date of their funding 
commitment decision letter to demonstrate that construction is 
completed and the services have been provided.
    6. Recognizing that the service delivery date for many first and 
second window ECF funding requests was extended to June 30, 2023, the 
Bureau emphasizes that applicants are not allowed to request 
duplicative funding during the third application filing window for 
equipment or services that are committed and were or will be

[[Page 19395]]

funded through the applicant's first or second window funding requests. 
To avoid duplicative support and expedite the review of the third 
filing window applications, applicants should include in the narrative 
section of the ECF FCC Form 471 application information regarding 
services funded during the first or second filing windows, including 
the ECF FCC Form 471 application number(s) and the service end date(s) 
for any services funded during the first or second window that an 
applicant is seeking to continue between July 1, 2022, through December 
31, 2023. If an applicant does not have any first or second window 
funding commitments that will be used to fund eligible equipment or 
services during the July 1, 2022, through December 31, 2023, funding 
period, the applicant should provide the service start and end dates 
for up to 12 months of service that will be requested on their ECF FCC 
Form 471. Applicants may only request support for up to 12 months of 
eligible services during the third application filing window that 
covers eligible equipment and services received or delivered between 
July 1, 2022, and December 31, 2023.
    7. The Commission received over $6.4 billion in funding requests 
during the first and second ECF application filing windows. Therefore, 
in the event that demand exceeds available funding during the third ECF 
application filing window, the Bureau reminds applicants that requests 
will be prioritized based on applicants' E-Rate Program discount rate 
for category one services, adjusted to provide a five percent increase 
for rural schools and libraries.
    8. The procedural rule modification for Sec.  54.1711(e) is below. 
The Bureau makes this modification without notice and comment in 
accordance with the exception to the Administrative Procedure Act 
(APA), 5 U.S.C. 553(b)(3)(A), for procedural rules. The updated rule 
will become effective April 4, 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.


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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. (1) For the initial filing window set 
forth in Sec.  54.1708(b) and second application filing window, the 
service delivery date for equipment, other non-recurring services, and 
recurring services is June 30, 2023.
    (2) For the third application filing window and any subsequent 
filing windows covering funding for purchases made between July 1, 
2022, and December 31, 2023, the service delivery date for equipment, 
other non-recurring services, and recurring services is December 31, 
2023.

[FR Doc. 2022-07021 Filed 4-1-22; 8:45 am]
BILLING CODE 6712-01-P