[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36510-36513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11733]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 21-93; DA 23-405; FR ID 142102]


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 Request for Waiver filed by the Schools, Health & 
Libraries Broadband Coalition and the Consortium for School Networking 
(collectively, the Petitioners). The Bureau waives and extends the 
service delivery date for certain applicants who applied for Emergency 
Connectivity Fund support for equipment, other non-recurring services, 
and recurring services during the first, second, and third filing 
windows. The Bureau also waives and extends the service delivery date 
for recurring service requests for first, second, and third filing 
window applicants that were approved for new construction services, but 
were unable to use the full amount of their approved funding for 
monthly recurring services associated with the construction.

DATES: Effective June 5, 2023.

FOR FURTHER INFORMATION CONTACT: Kate Dumouchel, 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 23-405, adopted May 12, 2023, and released May 
12, 2023. Due to the COVID-19 pandemic,

[[Page 36511]]

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-emergency-connectivity-fund-service-delivery-deadline.

I. Introduction

    1. In this document, the Bureau grants, in part, the Request for 
Waiver filed by the Schools, Health & Libraries Broadband (SHLB) 
Coalition and the Consortium for School Networking (CoSN) 
(collectively, the Petitioners). First, the Bureau waives and extends 
the service delivery date for certain applicants who applied for 
Emergency Connectivity Fund (ECF) support for equipment, other non-
recurring services, and recurring services during the first, second, 
and third filing windows, recognizing that some did not receive a 
funding commitment decision letter (FCDL) or revised funding commitment 
decision letter (RFCDL) approving an appeal, waiver, or post-commitment 
change request early enough to make full use of the commitment. Next, 
the Bureau waives and extends the service delivery date for recurring 
service requests for first, second, and third filing window applicants 
that were approved for new construction services, but were unable to 
use the full amount of their approved funding for monthly recurring 
services associated with the construction.
    2. The Bureau finds that because of the timing for processing ECF 
applications and other factors beyond ECF applicants' and service 
providers' control, some ECF applicants may not be able to use all of 
their approved committed funding to the fullest extent possible without 
an additional waiver and extension of the service delivery date. 
Therefore, in providing this relief, the Bureau makes it easier for ECF 
applicants to use their full approved funding commitments and ensure 
applicants are treated fairly and equitably regardless of when their 
ECF applications are processed and funding commitment decision letters 
are issued. At the same time, The Bureau also seek to de-obligate 
funding that applicants do not need as soon as possible to make 
additional funds available for the ECF funding applications that 
otherwise could not be funded because demand received during the third 
application filing window exceeded the amount of available funds. 
Accordingly, the Bureau grants, in part, the Petitioners' request and 
waives and modifies Sec.  54.1711(e) of the Commission's rules, and the 
Bureau directs the Universal Service Administrative Company (USAC or 
Administrator) to extend the service delivery date for all the relevant 
funding requests, as discussed further below.

II. Discussion

    3. 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.
    4. To ensure the first and second filing window ECF applicants can 
fully use their approved funding, the Bureau finds that good cause 
exists to waive and extend the service delivery date if an FCDL or 
RFCDL approving an appeal, waiver, or post-commitment change was issued 
after a certain date, depending on funding request type. For recurring 
service funding requests with an FCDL or approved RFCDL dated on or 
after July 1, 2022, the service delivery date is 14 months after the 
date of the FCDL or approved RFCDL, but not to extend beyond June 30, 
2024. For eligible equipment funding requests with an FCDL or approved 
RFCDL dated on or after January 1, 2023, the Bureau extends the service 
delivery date to 180 days after the date of the FCDL or RFCDL, not to 
extend beyond June 30, 2024. The Bureau provides 14 months and 180 
days, respectively, because it recognizes that receiving a commitment 
decision after a specific date that then does not allow the applicant 
to use the full 12 months of approved recurring services, or receive 
its approved equipment, presents special circumstances that merit a 
waiver of our rules. This means that applicants receiving an FCDL or 
RFCDL will have time to purchase equipment or up to 12 months of 
recurring services delivered after the FCDL or approved RFCDL, but not 
to extend beyond the ECF Program's sunset date of June 30, 2024.
    5. For equipment funding requests submitted in the first and second 
filing windows, the Bureau finds that six months is sufficient time for 
delivery after an FCDL or RFCDL. In this regard, the Bureau notes that 
connected devices, hotspots, and other eligible equipment are 
commercially available through multiple service providers and that 
supply chain issues that may have existed during the pandemic have 
lessened. Given our goal of ensuring that ECF funds are used 
expeditiously for their intended purpose, and that any unused funding 
is available for the pending third application filing window ECF 
requests, the Bureau expects schools and libraries to timely place 
orders for eligible equipment, and for service providers to timely 
fulfill them. Further, if the requested equipment is no longer needed, 
the Bureau also expects applicants will take action to return the 
unneeded funds to the program so the funds may be made available to 
other ECF applicants whose students, school staff, or library patrons 
have continuing unmet needs. Accordingly, the Bureau is providing a 
shorter period of time for the receipt and delivery of eligible 
equipment to ensure this funding is being used expeditiously, and for 
the intended purposes of this emergency program.
    6. The Petitioners request that the Bureau extends the service 
delivery date for all first and second window applicants that did not 
receive the FCDL or approved RFCDL until on or after March 1, 2022. The 
Bureau finds that, on balance, a blanket waiver is not appropriate for 
these funding requests and that it is better to target the waiver 
relief to the ECF applicants that are more likely to have issues being 
able to use their full funding commitment before the service delivery 
date. The Bureau must balance its efforts to de-obligate unused ECF 
funding and make it available to the remaining third window ECF 
applications that otherwise cannot be funded because of insufficient 
available funds. If there are applicants that received funding 
commitment decisions before the dates outlined in this document or 
other applicants that fall outside of the relief provided in this 
document, and are unable to fully use their committed ECF support due 
to special circumstances, they may file a waiver with the Commission to 
request to extend their current service delivery date. This will allow 
the Bureau to grant relief to those applicants that may need additional 
time without delaying the Commission's ability to de-obligate unused 
ECF funding for the majority of first and second window ECF applicants 
that have fully used their funding and do not need additional time. For 
similar reasons, the Bureau also elects to extend the service delivery 
date for first and second window applicants that received an FCDL or 
RFCDL on or after July 1, 2022, for recurring services, and on or after 
January 1, 2023, for equipment, by 14 months and 180 days, 
respectively, rather than extending all these ECF first and second 
window funding requests' service delivery dates to June 30, 2024, in 
order to de-obligate unused funds and make them available for remaining

[[Page 36512]]

timely-filed ECF third window requests. Fourteen months provides 
schools and libraries with time to deploy equipment and provide up to 
12 months of recurring service, and 180 days provides schools and 
libraries with time to purchase and distribute equipment and devices to 
students, school staff, and library patrons with unmet need.
    7. Next, the Bureau extends the current December 31, 2023, service 
delivery date to June 30, 2024, for all third application filing window 
equipment, non-recurring, and recurring service requests. The Bureau 
recognizes that due to circumstances beyond the control of the ECF 
applicants and service providers, additional time is needed for 
applicants to be able to fully use their approved funding for these 
third window requests. Receiving a commitment decision or an approved 
appeal or waiver after a specific date that then does not allow the 
applicant time to purchase and receive the approved eligible equipment 
and services, presents special circumstances that merit a waiver of our 
rules. Unlike for the funding requests from the first and second filing 
windows, on balance, the Bureau finds that a single service delivery 
date for the majority of third window funding requests provides 
administrative simplicity and reduces confusion given that these 
funding requests with a current December 31, 2023, service delivery 
date will likely not be de-obligated and committed in time to allow 
additional third filing window applicants enough time to purchase and 
receive eligible equipment and services before the program's funding 
sunsets on June 30, 2024. This extension is limited to the number of 
months requested and approved in the third application filing window, 
and is not to exceed 12 months.
    8. Recognizing that there are some recurring services associated 
with new construction funding requests that may need additional time, 
the Bureau also extends relief to ECF applicants receiving a commitment 
for recurring services associated with a new construction request 
approved during the first, second, or third filing windows that 
received an FCDL or approved RFCDL on or after July 1, 2022. Unlike 
requests for equipment or commercially available services, applicants 
seeking support for new construction 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 new construction 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. The Bureau now recognizes that, due to special circumstances, 
some applicants are unable to fully use the months of service for which 
funding was approved because funding commitments were issued close to 
the service delivery date for these recurring service funding requests. 
The Bureau therefore extends the service delivery date to June 30, 
2024, for approved recurring services associated with a new 
construction funding request if the FCDL or approved RFCDL for the new 
construction services was received on or after July 1, 2022. However, 
the Bureau does not otherwise extend or waive the current one-year 
deadline to complete the special construction services from the date of 
the FCDL.
    9. The Bureau finds that waiving and extending the service delivery 
date for the ECF applicants discussed will not lead to any additional 
funding being made available to these applicants, but rather it allows 
the applicants to use their approved and committed ECF funding pursuant 
to the Commission's rules. In addition, the Bureau finds that the 
public interest would not be served if these applicants are not able to 
fully use the approved and committed ECF support for the eligible 
equipment and broadband services needed for these students, school 
staff, and library patrons with unmet needs who otherwise are not able 
to fully engage in remote learning. Rather, the actions the Bureau 
takes today will allow applicants to provide and use the ECF-supported 
equipment and services beyond the current service delivery dates, 
thereby enhancing the availability of off-campus connectivity to 
students, school staff, and library patrons with continuing unmet needs 
consistent with the goals of the ECF Program.
    10. The Bureau is mindful that these ECF funds are limited and have 
adopted safeguards to ensure the funds are fully used for their 
intended purpose. The Bureau concludes that waiving and extending the 
service delivery date for these ECF funding requests will allow for the 
greater provision of affordable devices and connectivity to students, 
school staff, and library patrons in need and, therefore, furthers the 
mission of the ECF. 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 the unused ECF 
support to be made available to for the remaining ECF third window 
funding requests so that other students, school staff, and library 
patrons with continuing unmet needs can also be served before the June 
30, 2024, sunset date of the ECF Program.
    11. The Bureau also modifies Sec.  54.1711(e) of the Commission's 
rules to reflect the updated service delivery deadlines adopted herein. 
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 June 5, 2023.
    12. Finally, the Bureau finds no evidence of waste, fraud, or abuse 
is presented by waiving and extending the service delivery date in this 
manner. The Bureau emphasizes that the Commission is committed to 
guarding against waste, fraud, and abuse and ensuring that funds 
disbursed through the ECF Program are used for their intended purposes 
to provide broadband connectivity and connected devices to students, 
school staff, and library patrons with unmet needs. Although the Bureau 
grants a waiver of and extends the service delivery date for certain 
ECF funding requests, these actions do not affect the authority of the 
Commission or USAC to conduct audits and other reviews and 
investigations to verify compliance with ECF Program rules and 
requirements. The Commission is also required to recover funds 
disbursed in violation of statutory and/or rule requirements.

III. Ordering Clauses

    13. 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 Sec.  54.1711 of 
the Commission's rules is waived and amended to the extent provided 
herein.
    14. It is further ordered, that pursuant to Sec.  1.102(b)(1) of 
the Commission's rules, 47 CFR 1.102(b)(1), the Order shall be 
effective upon release.
    15. The amended rule adopted in the 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 June 5, 2023.

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,

[[Page 36513]]

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. (1) Except as provided in paragraphs 
(e)(1)(i) and (ii) of this section, 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.
    (i) If the funding commitment decision letter or a revised funding 
commitment decision letter approving an appeal, waiver, or post-
commitment request for equipment, is received on or after July 1, 2022, 
the service delivery date for service funding requests is 14 months 
from the date of that letter or June 30, 2024, whichever date is 
earlier.
    (ii) If the funding commitment decision letter or a revised funding 
commitment decision letter approving an appeal, waiver, or post-
commitment request for equipment, is received on or after January 1, 
2023, the service delivery date for equipment is 180 days from the date 
of that letter or June 30, 2024, whichever date is earlier.
    (2) For the third application filing window and any subsequent 
filing windows covering funding for purchases made between July 1, 
2022, and June 30, 2024, the service delivery date for equipment, other 
non-recurring services, and recurring services is June 30, 2024.

[FR Doc. 2023-11733 Filed 6-2-23; 8:45 am]
BILLING CODE 6712-01-P