October 10, 2022

Extended Delivery Deadline for Certain FY2020/FY2021 Funding Requests

On September 19th, the FCC’s Wireline Competition Bureau (WCB) issued an order (DA 22-976), extending some Funding Year (FY) 2020 and 2021 E-Rate service implementation deadlines. Specifically, WCB extended the service implementation deadline an additional one year from September 30, 2022 to September 30, 2023, due to global supply chain disruptions and delays that schools and libraries are facing regarding the FY2020 and FY2021 requests. This relief applies to only FY2020 and FY2021 non-recurring service funding requests that currently have September 30, 2022 as the service implementation deadline for these services.

Note that this relief does not automatically extend an applicant’s contract end date (CED). If you are taking advantage of this extension and have any CEDs before the new service delivery deadline (SDD), your CED will need to be updated by filing an FCC Form 500 before invoicing.

While applicants must extend their own contract end dates by filing an FCC Form 500, USAC is automatically updating the service delivery deadlines per the FCC order. Applicants can see their new SDD and CED, if applicable, in EPC or by using the FRN Status Tool in Open Data for any FRN.

WCB declined to extend the service implementation deadline for the other FY2020 non-recurring service funding requests that had September 30, 2021 as the implementation deadline because these applicants should have asked for an extension of the deadline by September 30, 2021 if they needed more time.  The Bureau also explained that the waiver standard was not met to grant a blanket waiver to all FY2020 non-recurring requests when the implementation deadline expired nearly one year ago for these FY2020 requests. If any of these applicants have special circumstances, they may file a waiver request with the FCC, but they will also need to justify why the waiver request is being submitted late.

WCB Waives Rules for E-Rate and ECF Participants in Hurricanes Fiona’s and Ian’s Designated Affected Disaster Areas

The Wireline Competition Bureau (WCB or Bureau) waived certain E-Rate program rules in the wake of Hurricanes Fiona and Ian. The orders, DA 22-998 released September 22, and DA 22-1063 released October 3, 2022, extend the following deadlines up to 150 calendar days from the effective date of the orders for applicants in the designated Affected Disaster Areas in Puerto Rico for Hurricane Fiona, and in Florida, South Carolina, and North Carolina for Hurricane Ian. 

• Filing requests for review or waiver of decisions by USAC, directed to USAC or the FCC.
• Filing FCC Form 486 (Service Confirmation and Children’s Internet Protection Act Certification Form). 
  • Hurricane Fiona:  Affected applicants now have until February 21, 2023 to submit FCC Form 486.
  • Hurricane Ian: Affected applicants now have until March 3, 2023 to submit FCC Form 486.
• Filing FCC Form 472 (Billed Entity Applicant Reimbursement Form) and Form 474 (Service Provider Invoice Form).
• Hurricane Fiona: Applicants and service providers in Puerto Rico with an invoice deadline between September 17, 2022 and February 21, 2023 have until February 21, 2023 to submit invoices.
• Hurricane Ian:
• Florida: Applicants and service providers in the Affected Disaster Areas within Florida with an invoice deadline between September 23, 2022 and March 3, 2023 have until March 3, 2023 to submit invoices.
• South Carolina: Applicants and service providers in the Affected Disaster Areas within South Carolina with an invoice deadline between September 25, 2022 and March 3, 2023 have until March 3, 2023 to submit invoices
• North Carolina: Applicants and service providers in the Affected Disaster Areas within North Carolina with an invoice deadline between September 28, 2022 and March 3, 2023 have until March 3, 2023 to submit invoices.
• The Bureau also waived the service implementation deadline for special construction projects for applicants located in the Affected Disaster Areas that have a current deadline of June 30, 2023. That deadline was extended to June 30, 2024, subject to the applicant filing a valid FCC Form 500 certifying that construction for the project was unavoidably delayed due to Hurricane Fiona damage.
• The Bureau clarified that applicants in the Affected Disaster Areas have until September 30, 2023 (rather than September 30, 2022) to complete the installation of internal connections and other non-recurring services for FY2021.
• The Bureau will not require that the substituted service or product must have the same functionality as the service or product that it is replacing, subject to the applicant filing a valid Service Substitution with USAC (e.g., applicants may substitute Internet access service with internal connections and vice versa).
• The Bureau also waived its document retention requirements for applicants and service providers in the Affected Disaster Areas whose documents were destroyed by Hurricanes Fiona and Ian subject to certification that the records were destroyed if asked for by USAC or the FCC.

The Bureau waived similar Emergency Connectivity Fund (ECF) program rules in the aftermath of Hurricanes Fiona and Ian.  Specifically, the Bureau extended the following deadlines up to 150 calendar days from the effective date of the order for applicants in the designated Affected Disaster Areas in Puerto Rico for Hurricane Fiona and in Florida, South Carolina, and North Carolina for Hurricane Ian.

• Filing requests for review or waiver of decisions by USAC, directed to USAC or the FCC.
• Responding to information requests, including PIA requests, from USAC.

The Bureau also waived the FCC’s document retention requirements for applicants and service providers in the Affected Disaster Areas whose documents were destroyed by Hurricanes Fiona and Ian subject to certification that the records were destroyed if asked for by USAC or the FCC.

In addition, the Bureau also provided greater flexibility in requesting service or equipment substitutions. The Bureau waived the requirement that the substituted service or product to have the same functionality as the service or product that it is replacing for applicants located in the Affected Disaster Areas.

Be sure to read the specific details and requirements in the FCC orders (DA 22-998 and DA 22-1063).