[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58509-58511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18464]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 21-93; DA 23-669; FR ID 164624]


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 a petition for limited waiver of the Emergency Connectivity Fund 
(ECF) program's invoice filing deadline submitted by T-Mobile USA, Inc. 
(T-Mobile). The Bureau waives the Federal Communications Commission's 
(Commission) rules to provide an automatic, one-time extension of the 
invoicing filing deadline to October 30, 2023, for any funding requests 
with an invoice filing deadline date occurring before October 30, 2023. 
The Bureau finds that a one-time extension of the invoice filing 
deadline for applicants and service providers will provide them with 
sufficient flexibility to complete and submit their invoicing forms and 
necessary supporting documentation to the Universal Service 
Administrative Company (USAC) and the Bureau directs USAC to provide an 
automatic, one-time extension of the invoice filing deadline to October 
30, 2023, for any funding requests with an invoice filing deadline 
occurring before October 30, 2023.

DATES: Effective August 28, 2023.

FOR FURTHER INFORMATION CONTACT: Molly O'Conor, Wireline Competition 
Bureau, (202) 418-7400 or by email at [email protected]. The 
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 In the 
Matter of Request for Waiver by T-Mobile USA, Inc., Establishing 
Emergency Connectivity Fund to Close the Homework Gap, Order in WC 
Docket No. 21-93; DA 23-669, adopted August 14, 2023, and released 
August 14, 2023 (Order). The full text of this document is available at 
the following internet address: https://www.fcc.gov/document/wcb-grants-limited-waiver-ecf-invoice-filing-deadline.

I. Introduction

    1. In the Order, the Bureau grants a petition for limited waiver of 
the Emergency Connectivity Fund (ECF) program's invoice filing deadline 
submitted by T-Mobile USA, Inc. Specifically, the Bureau waives Sec.  
54.1711(d) of the Commission's rules to provide an automatic, one-time 
extension of the invoicing filing deadline to October 30, 2023 for any 
funding requests with an invoice filing deadline date occurring before 
October 30, 2023. The Bureau recognizes that many participants with a 
service delivery deadline of June 30, 2023, or a service delivery 
deadline that occurs shortly thereafter as a result of the Bureau's May 
2023 Service Delivery Deadline Extension Order, In the Matter of 
Establishing Emergency Connectivity Fund to Close the Homework Gap, WC 
Docket No. 21-93, Order, rel. May 12, 2023, DA 23-405, 88 FR 36510 
(June 5, 2023), may require additional time to complete the invoicing 
process for eligible equipment and services that have already been 
delivered and provided to students, school staff, and library patrons 
with unmet needs. The Bureau finds that a one-time extension of the 
invoice filing deadline for applicants and service providers with an 
invoice filing deadline that falls before October 30, 2023 (Affected 
Participants), will provide them with sufficient flexibility to 
complete and submit their invoicing forms and necessary supporting 
documentation to USAC, the Administrator of the ECF program, in order 
to receive their committed funding. Accordingly, the Bureau directs 
USAC to provide an automatic, one-time extension of the invoice filing 
deadline to October 30, 2023 for any funding requests with an invoice 
filing deadline occurring before October 30, 2023, and the Bureau 
modifies Sec.  54.1711(d) of the Commission's rules to provide 60 days 
to submit invoices from the date of the notification by USAC that a 
refund request is processed by USAC.

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 ECF program participants can seek reimbursement for 
all of their approved ECF funding used to connect students, school 
staff, and library patrons with unmet needs, the Bureau finds good 
cause exists to waive and extend the invoice filing deadline until 
October 30, 2023, for applicants and service providers with invoice 
filing deadlines occurring before that date. In addition, the Bureau 
also modifies Sec.  54.1711(d) of the Commission's rules to allow 
invoices to be submitted within 60 days from the date that USAC issues 
a notification that a refund request submitted by an ECF participant 
has been processed. In particular, the Bureau recognizes that due to 
the evolving and emergent nature of this program, complexities in the 
invoicing

[[Page 58510]]

process, and the impact of recent service delivery deadline extensions 
provided by the Bureau, some program participants may have difficulty 
timely submitting invoices by their current invoice filing deadlines 
that fall before October 30, 2023, despite every attempt to comply with 
the program's rules. The Bureau also understands that at times, ECF 
funds must be returned (e.g., to correct entity information) and USAC 
must process the refund request first, before the party is able to 
submit a corrected invoice for a funding request. Furthermore, although 
the Commission leveraged existing E-Rate processes and forms in the ECF 
program, including invoicing, the Bureau understands that the ECF 
program has a shorter invoice filing period than the E-Rate program and 
that this is the first time some applicants and service providers are 
submitting invoices using USAC's system, the ECF Portal, altogether. 
The Bureau also acknowledges the coinciding timing of the invoicing 
process for Affected Participants with many schools' summer vacations 
and start of the school year. Taken together, the Bureau finds that 
such factors have contributed to the need for additional time to file 
invoices and present compelling and unique circumstances that merit a 
waiver and modification of Sec.  54.1711(d) of the Commission's rules.
    4. Moreover, The Bureau finds that a waiver and modification of 
Sec.  54.1711(d) will not lead to any undue advantage in funding as the 
Affected Participants will not receive more funding than allowed under 
the ECF program rules, and their equipment and services have already 
been received and delivered. In addition, the Bureau finds that the 
public interest would not be served were these otherwise eligible ECF 
participants to lose ECF funding for eligible equipment and services 
needed to connect students, school staff, and library patrons with 
unmet needs who otherwise are not able to fully engage in remote 
learning because of their inability to submit invoices by their current 
invoice filing deadline or because of the delay in the processing of 
their refund request. Thus, the Bureau finds that providing an 
automatic, one-time extension of the invoice filing deadline to October 
30, 2023, for Affected Participants and a modification of Sec.  
54.1711(d) to account for the processing of refund requests strikes the 
right balance between the need for efficient administration of the ECF 
program and allowing applicants and service providers adequate time to 
receive their approved and committed ECF funding pursuant to the 
Commission's rules. The Bureau therefore grants T-Mobile's request for 
limited waiver and modification of Sec.  54.1711(d) of the Commission's 
rules, and direct USAC to provide Affected Participants with an 
automatic, one-time extension to submit their invoices to USAC no later 
than October 30, 2023.
    5. In granting the requested relief, the Bureau emphasizes that the 
Order does not extend ECF program participants' service delivery 
deadlines, nor does it alter the obligation of participants to comply 
with the other program requirements set out in the Commission's rules, 
including their obligation to certify to receipt of eligible equipment 
and/or services and that they are not willfully or knowingly requesting 
reimbursement for equipment or services that are not being used on 
their ECF FCC Forms 472 and 474 (i.e., the requests for reimbursement). 
As such, the Bureau reminds applicants that all eligible equipment and 
services, including funding requests for special construction, must be 
delivered by their service delivery date. The Bureau also reminds 
applicants that, unlike E-Rate program rules, ECF program rules do not 
permit any invoice filing extensions. For this reason, any ECF program 
participant that requires additional time to submit their requests for 
reimbursement beyond the relief granted herein must file a request for 
waiver directly with the Commission and demonstrate good cause.
    6. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified information collection burden for small business concerns 
with fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    7. The Bureau also modifies Sec.  54.1711(d) of the Commission's 
rules to reflect the updated invoice filing deadline rule 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 August 28, 
2023.
    8. The Commission will not send a copy of the Order to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rule is a 
rule of agency organization, procedure, or practice that does not 
``substantially affect the rights or obligations of non-agency 
parties.''
    9. Finally, waiving the invoice filing deadline does not increase 
the risk of waste, fraud, or abuse. The Bureau emphasizes that the 
Commission is committed to protecting the integrity of the ECF program 
and ensuring that funds disbursed through the 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 limited waiver of the Commission's 
invoice filing deadline for certain ECF funding requests, this action 
does not affect the authority of the Commission or USAC to conduct 
audits or investigations to determine compliance with ECF program rules 
and requirements. The Commission is also required to recover funds 
determined to be disbursed in violation of statutory and/or rule 
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 Sec.  54.1711(d) 
of the Commission's rules, 47 CFR 54.1711(d), is waived and amended 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), the Order shall be 
effective upon release.
    12. 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 August 28, 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, Telecommunications, Telephone, Virgin Islands.

Federal Communications Commission.
Jodie Griffin,
Chief, Telecommunications Access Policy Division, Wireline Competition 
Bureau.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

[[Page 58511]]

PART 54--UNIVERSAL SERVICE

0
1. The authority citation 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. Revise Sec.  54.1711(d) to read as follows:


Sec.  54.1711  Emergency Connectivity Fund requests for reimbursement.

* * * * *
    (d) Invoice filing deadline. Invoices must be submitted to the 
Administrator within 60 days from the date of a funding commitment 
decision letter; a revised funding commitment decision letter approving 
a post-commitment change or a successful appeal of a previously denied 
or reduced funding; notification by the Administrator of a processed 
returned funds (or refund) request; or service delivery date, whichever 
is later.
* * * * *
[FR Doc. 2023-18464 Filed 8-25-23; 8:45 am]
BILLING CODE 6712-01-P