Before the

Federal Communications Commission

Washington, D.C. 20554

Heading Paragraph #

I. INTRODUCTION...................................................................................................................................1

II. BACKGROUND.....................................................................................................................................6

III. DISCUSSION........................................................................................................................................13

V. ORDERING CLAUSES......................................................................................................................150

I. INTRODUCTION

households with neither an adequate connection nor an adequate device for distance learning.

The

pandemic has only exacerbated the inequities between students who have a broadband connection and

those who do not.

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Today’s action addresses those inequities, helping to provide all students, school staff,

and library patrons with the basic tools they need to engage in online learning and in so many other vital

aspects of our increasingly digital lives.

many schools and libraries continue to rely on remote learning and virtual library services as they adapt to

changing circumstances. Schools, with assistance from a wide array of federal, state, and local

attempted to help meet their students’ and staffs’ connectivity needs, libraries across the country also have

attempted to assist patrons in meeting their connectivity needs during the pandemic.

of 2021 (the American Rescue Plan or Act) was signed into law.

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This Report and Order implements

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section 7402 of the Act, which established a $7.171 billion Emergency Connectivity Fund in the Treasury

of the United States.

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promulgate rules providing for the distribution of funding from the Emergency Connectivity Fund 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 other than a

school or library.

Connectivity Fund Program.

and libraries to seek funding for upcoming purchases of eligible equipment, including Wi-Fi hotspots,

modems, routers, and connected devices, as well as advanced telecommunications and information

services, to meet the remote learning needs of students, school staff, and library patrons who would

sufficient to engage in remote learning during the COVID-19 pandemic.

has long provided funding for broadband services delivered to and within schools and libraries. In the

interest of efficiency and simplicity, however, the goals and measures, rules, and processes we adopt

II. BACKGROUND

promulgate rules no later than 60 days after the date of enactment that provide for the provision, from

amounts made available from the Emergency Connectivity Fund, of support under paragraphs (1)(B) and

(2) of section 254(h) of the Communications Act of 1934, as amended (the Communications Act), to an

Plan defines the COVID-19 emergency period as beginning on the date the Secretary of Health and

Human Services determined that a public health emergency exists as a result of COVID-19 pursuant to

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section 319 of the Public Health Service Act,

that is one year after the Secretary of Health and Human Services determines that a public health

emergency no longer exists.

In providing support through the Emergency Connectivity Fund, the

American Rescue Plan directs the Commission to reimburse 100% of the costs associated with the

purchase of eligible equipment and/or advanced telecommunications and information services, “except

that any reimbursement of a school or library for the costs associated with any eligible equipment may not

connectivity within schools and libraries).

and Internet access services, while category two services include internal connections (e.g., Wi-Fi),

managed internal broadband services (e.g., managed Wi-Fi), and basic maintenance of internal

connections.

district in which they are located.

Schools and libraries located in rural areas also may receive an

additional 5% to 10% discount compared to urban areas.

eligible entities involved in the E-Rate Program.

permitted to solicit or accept a gift or thing of value over $20 from a service provider, and service

providers are not permitted to offer or provide applicants a gift or thing of value over $20.

the COVID-19 pandemic, the Bureau provided a waiver of the E-Rate gift rule through June 30, 2021, the

end of funding year 2020, to enable service providers to offer or provide, and E-Rate eligible schools and

libraries to solicit or accept, broadband connections, devices, networking equipment, or other things of

amount of qualifying support for category one services. However, each applicant has a maximum amount

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254 of the Communications Act, E-Rate rules require schools and libraries to use E-Rate-supported

services “primarily for educational purposes.”

In the case of schools, the Commission has defined

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technology needs of E-Rate Program participants are complex and unique to each participant, the

Commission established a presumption that activities that occur in a school or library or on a school

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campus or library property serve an educational purpose, and therefore, services used there are eligible for

E-Rate funding.

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that Congress has directed us to act with haste, conducting a rulemaking within 60 days of the date of

enactment of the American Rescue Plan.

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At the same time, we are mindful of the latitude Congress has

granted us to determine what costs are reasonable to reimburse, as well as the purpose of the Fund to

address the connectivity needs of students, school staff, and library patrons who would otherwise be

unable to access educational and library services during the pandemic.

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Pursuant to that authority, and

consistent with Congress’ intent, in this Report and Order, we move quickly to open an application

process that allows eligible schools and libraries to first seek funding for purchases during the coming

rules and processes to provide clear rules and establish quick and easy to understand processes for

requesting and receiving support from the Emergency Connectivity Fund Program, along with appropriate

safeguards to protect the Program from waste, fraud, and abuse. In this way, we seek to maximize the

efficiency and effectiveness of the Emergency Connectivity Fund Program and focus limited funding to

target the needs of those students, school staff, and library patrons who would otherwise lack access to

connected devices and broadband connections sufficient to engage in remote learning and virtual library

services during the COVID-19 emergency period.

Fund Program; and (3) providing pricing transparency for eligible equipment and services to inform

future policy and purchasing decisions. We also adopt associated performance measures and targets to

determine whether the Emergency Connectivity Fund Program is successfully achieving these goals.

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Setting clear goals for the Program, with performance measures and targets to determine success, will

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help focus our efforts as we oversee use of the Emergency Connectivity Fund to connect and support

students, school staff, and library patrons during the COVID-19 pandemic.

the need for connected devices and broadband Internet access services to facilitate remote learning during

the COVID-19 pandemic for students, school staff, and library patrons. The pandemic has caused

students, school staff, and library patrons nationwide to shift from in-person instruction to remote

learning.

seamless, and education was able to continue remotely with minimal disruption. For millions of others,

however, those who lacked (many of whom continue to lack) necessary connected devices and broadband

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gap.

devices and broadband connectivity: (1) the number of connected devices funded with Emergency

Connectivity Fund support that are provided to students, school staff, and library patrons who would

otherwise lack access to a device sufficient to enable them to engage in remote learning; and (2) the

number of broadband Internet access connections (including through use of Wi-Fi hotspots) funded with

Emergency Connectivity Fund Program support that are provided to students, school staff, and library

patrons who would otherwise lack access to Internet connectivity sufficient to engage in remote learning.

To measure success in meeting this goal, we agree with commenters that recommend we collect

information about the number of connected devices and broadband connections that are used to connect

students, school staff, and library patrons through the Emergency Connectivity Fund Program and release

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Emergency Connectivity Fund Program.

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to gather better, more accurate information about the number of students without connected devices and

broadband services sufficient to engage in remote learning and the progress made towards closing that

Homework Gap.

At the same time, we recognize that during the pandemic school districts have been

trying to meet the needs of their students and staff and therefore, they have not collected uniform data sets

about their students’ connectivity requirements. As part of the application process, we will, therefore,

review applications and release funding commitment decision letters after the filing window closes.

a smartphone may be capable of connecting a student to his or her teacher or supplementing learning,

it

can limit the student’s ability to develop a class presentation or draft a research paper.

smartphone vendor shows that some of its smartphones are capable of being made more functional by

being connected to larger display screens for video conferencing and to peripherals, like a keyboard and

mouse.

adding these extra peripherals does not persuade us that smartphones are similar end-user devices meeting

definition of a Wi-Fi hotspot,

even with a cap on the reasonable support amount for Wi-Fi hotspots,

we do not find it reasonable to use

limited Emergency Connectivity Fund Program support to reimburse schools and libraries for costly

service,

and we would have to choose between inappropriately expending resources on functions that

are not core educational services that section 7402(a) of the American Rescue Plan was designed to fund,

or allowing applicants to cost allocate eligible and ineligible portions of smartphones used as Wi-Fi

hotspots. However, importing cost allocation requirements into the Emergency Connectivity Fund

Program is inconsistent with our goals of administrative simplicity and fast funding decisions. It would

create complexity for the applicants and for the USAC reviewers and would inevitably slow down the

definition of that term. Instead, in the context of determining what services should receive E-Rate

technology needs are constantly “evolving” in light of “advances in telecommunications and information

technologies and services.”

Emergency Connectivity Fund support for the “purchase” of advanced telecommunications and

information services,”

we understand the legislation to be focused on quickly reaching students learning

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available service providing a fixed or mobile broadband Internet access connection for off-campus use by

students, school staff, or library patrons.

available for purchase, we exclude from eligibility funding for dark fiber

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commenters that argue that, as a general rule, using Emergency Connectivity Fund Program support to

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E-Rate Program’s category one services because it referenced “advanced telecommunications and

information services” under section 254(h) of the Communications Act.

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provide funding for all types of advanced telecommunications and information services.

time, the Commission has evaluated whether and under what conditions providing funding for various

types of advanced telecommunications and information services would be both cost-effective and further

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requirements and striving to provide a simple application review process, where it is possible to purchase

broadband Internet access services, we think that is the most prudent path for meeting the goals of the

Emergency Connectivity Fund Program of quickly getting connectivity to students, school staff, and

library patrons.

Moreover, in our experience with the E-Rate Program and as supported by the

record,

planning and executing self-provisioned networks is complex and time-consuming. Although

offering fast and simple application and reimbursement processes for desperately needed equipment and

services.

their students and patrons since the start of the pandemic and applaud their commitment to connect their

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students, school staff, and library patrons.

But, by excluding support for potentially costly construction

or self-provisioning projects, we are able to satisfy the Congressional goals and swiftly act to provide

much-needed support to more schools and libraries throughout the country. We thus find that providing

support for such network construction in areas with commercially available options would be inconsistent

with the emergency purposes of the Emergency Connectivity Fund and better addressed through other

Commission Universal Service Fund Programs or broadband efforts that have established competitive

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equipment that may be used, to extend a school or library’s existing E-Rate-supported broadband service

antennas,

cell towers,

Citizens Band Radio Service (CBRS), television white space (TVWS) base

stations,

and other such wireless network equipment, except in the case

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outlined below. To the extent schools and libraries expanded their networks or built new networks to

serve their students or library patrons over the last year,

such equipment is ineligible for reimbursement

through the Emergency Connectivity Fund Program, except for the portions of the network that fit into

the enumerated list of eligible equipment (i.e., Wi-Fi hotspots, modems, routers, or devices that combine

a modem and router). Relatedly, we are focusing today on implementation of section 7402 of the

American Rescue Plan, and therefore, this Order does not address requests for action on a petition to

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commercially available Internet access service option. Despite this understanding of Congress’ intent to

offerings, we provide a limited exception to this finding. The record reflects the fact that in some

instances there is simply no commercially available Internet access service for purchase available to reach

equipment necessary to make advanced telecommunications and information services functional is

consistent with Congress’ intent to provide emergency connectivity to students, school staff, and library

patrons that do not have any other Internet access options. The record also demonstrates that where

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and libraries to engage in competitive bidding. Under those same circumstances we will also allow

schools and libraries to seek support for the customer premises equipment needed to receive access to

educational content through datacasting.

have already constructed wireless networks where there were no commercially available options and

cannot go back and conduct competitive bidding. We also considered requiring competitive bidding for

applicants in areas with no commercially available options,

but the timing does not work in light of the

premises equipment used to receive datacasting services, must therefore demonstrate that there were no

commercially available Internet access service options sufficient to support remote learning from one or a

decision.

must be able to provide clear evidence

demonstrating how they determined that an existing fixed or

mobile broadband network sufficient to support remote learning was or is not available and that for

prospective network construction, that they sought service from existing providers serving the area prior

to constructing a new network, and that such providers were unable or unwilling to provide services

sufficient to meet the remote learning needs of their students, school staff, or library patrons.

Additionally, when the Emergency Connectivity Fund Program support is sought for future construction,

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documented in the record,

and/or high latency services are currently the only affordable options.

We also recognize that schools

and libraries made purchases over the last year based on availability during the emergency, but without

specific knowledge of whether such purchases might be eligible or ineligible for future support, such as

from the Emergency Connectivity Fund.

the best position to know what is available and sufficient for their remote learning needs.

that schools and libraries will make the best decisions to meet the remote learning needs of their students,

devices, and services, including installation, activation, and initial configuration costs, taxes, and fees.

a complicated cost allocation of items on participant invoices.

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microphones.

We do not dispute that schools and libraries need many of the identified products and

services, but we believe they are outside the scope of what Congress directed us to support through the

Emergency Connectivity Fund. We also deny Verizon’s request to permit the use of Emergency

Connectivity Fund Program support to fund Children’s Internet Protection Act (CIPA) implementation

costs.

obtaining discounts under the universal service support mechanism for the purchase or acquisition of

equipment and services specified by Congress, we also seek to avoid the challenging cost allocation

purchased with the eligible equipment and necessary for the equipment to operate, such as cords and

chargers, do not require cost allocation.

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libraries to document the student(s), school staff member(s), and library patron(s) served at each

location.

Because we expect that many schools and libraries are, in the normal course of business,

already documenting this information, we anticipate that imposing this requirement for purposes of

participating in the Emergency Connectivity Fund Program will not be an additional burden on most

applicants.

detailed below,

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support to purchase Wi-Fi hotspots for school buses and bookmobiles to provide off-campus broadband

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deploying Wi-Fi hotspots on schools buses or bookmobiles is a cost-effective means by which to provide

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application window, schools and libraries will be able to seek support for these purchases if made during

the relevant time period.

learning embodied in section 7402(a) of the American Rescue Plan and section 254(h)(1)(B) of the

Communications Act, and with the E-Rate program, we require that equipment and services supported by

the Emergency Connectivity Fund Program be used primarily for educational purposes. Although the text

of section 7402 of the American Rescue Plan is silent on permitted uses of equipment and services

eligible for Emergency Connectivity Fund support, that section of the Act is entitled “Funding for E-Rate

Support for Emergency Educational Connections and Devices.”

Commission promulgate rules for the provision of funding consistent with sections 254(h)(1)(B) and (2)

“educational purposes” as activities that are integral, immediate, and proximate to the education of

students in the case of a school, and activities that are integral, immediate, and proximate to the provision

of library services to library patrons in the case of a library. And, we require schools and libraries to use

eligible equipment and services supported by this Program primarily for educational purposes, but still

limit use to students, school staff, and library patrons as intended by Congress. Because we require

eligible equipment and services be used primarily for educational purposes, as defined in section 54.500

of our rules, in the case of schools, we emphasize that the provision of eligible equipment and services for

sufficient to facilitate remote learning during the pandemic.

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use.”

purposes without imposing any constraints or giving priority to educational uses, including for

professional development and to support household connectivity that provides access to a variety of

Internet resources, not just educational or library resources or limited to the intended users specified in the

Act.

that the Congressional reason for establishing the Emergency Connectivity Fund was to fund emergency

flexibility as possible to meet the unique remote learning needs of students, school staff, and library

that it is only reasonable that schools and libraries be given the flexibility to allow the use of eligible

equipment and services for other purposes when they are not needed for educational purposes in the first

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other eligible equipment and eligible services supported by this Program, we encourage, but do not

require, schools and libraries to take the same approach for the use of other eligible equipment and

services. We find that restricting access in this way is a best practice and will help ensure that eligible

services are provided to students, school staff, and library patrons, as provided for by the Act.

device to the maximum amount deemed reasonable. We also establish an application review process for

us to reimburse 100% of the costs associated with eligible equipment and services, “except that any

we expect to see the most requests for support through the Emergency Connectivity Fund Program, we

Here, stakeholders support a reimbursement limit between $300 and $750 per device to ensure that the

Emergency Connectivity Fund is not used entirely to support a limited number of expensive connected

devices

and to allow the Program to support the much-needed connectivity for students, school staff,

and library patrons.

One commenter suggests that $500 is more than sufficient to cover the most

commonly used connected devices,

$300 per device reflects a reasonable allowance based on knowledge of procurements over the last year.

waiver of the reasonable support amount for connected devices, if the reasonable cost to purchase devices

demonstrate that the additional cost associated with connected devices for those with disabilities is

provided by a school or library to a student, school staff member, or library patron, based on advertised

costs for Wi-Fi hotspots.

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$250 in support for such devices. This maximum allowable cost is for the equipment itself, and we

expect applicants to separately seek support for the cost of the service provided using the hotspot device.

combine modems and routers—we do not at this time have a sufficient record to determine a reasonable

We therefore direct USAC to carefully review the requests and identify applications that are out of line

differences,

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and we expect applicants to be prepared to explain their selections and costs, as needed, to

be eligible for 100% reimbursement.

We delegate authority to the Bureau to provide guidance to USAC on how to determine the

support for broadband Internet access services will be for services purchased under bulk purchase

from such bulk purchasing arrangements and pricing for broadband services varies widely across our

nation based on the availability of competitive options, rurality, and other factors.

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reasonableness of costs for broadband Internet access services, particularly in rural locations, USAC and

the Bureau should make use of the reasonable comparability benchmarks established for the High Cost

Universal Service Support Program.

an updated reasonable comparability benchmark annually, including Alaska-specific benchmarks.

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insufficient funding available for the Emergency Connectivity Fund Program to fully support the

emergency connectivity and device needs of all eligible schools and libraries across the nation.

recognition of the concerns that reimbursement could be slow or uncertain, we aim throughout this Report

and Order to implement Program rules and processes that help applicants easily apply for funding and

receive support as quickly as possible.

commenters that instead of imposing reasonable maximum support amounts by type of eligible equipment

and service, we set funding amounts for schools based on the number of students in a school, and for

libraries based on their square footage, with some adjustments for higher poverty or more rural

applicants.

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category two services.

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Emergency Connectivity Fund, however, fail to acknowledge that those category two budgets were

adopted after a lengthy rulemaking and analysis of the costs of deploying internal connections within

schools and libraries.

While these category two budgets do not precisely meet the costs of each

applicant, they were established with a goal of meeting every school and library’s need for category two

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staff, and library patrons who would otherwise have lacked access to the equipment or services sufficient

to engage in these activities during the COVID-19 pandemic. During this second application window,

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applicants will be able to submit requests for funding for purchases made from March 1, 2020 to June 30,

2021. However, in consideration of the importance of providing support for unconnected students, in the

event that demand for prospective support in the first window appears to be far short of meeting current

needs, the Commission may consider opening a second prospective window before opening an

application window to fund previously purchased eligible equipment and services.

providing support for previous purchases during the pandemic, is consistent with the suggestion made by

those commenters who support prioritizing future purchases, as well as those who support allowing

applicants to request support for both past and future purchases.

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allowing requests only for purchases made after the date of this Order,

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others support prioritizing prior

purchases,

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the appeal of using the Emergency Connectivity Fund Program to first reimburse those schools and

libraries that have already paid for eligible equipment and services to meet the needs of their students,

school staff, and library patrons by prioritizing past purchases.

On balance, however, we find that

doing so would not be the best use of public funds because it would create a risk that we would have

insufficient funding available to provide support for connected devices and broadband Internet access

services for students, school staff, and library patrons who otherwise will not have access to devices and

reasonable when providing support for advanced telecommunications and information services.

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coming school year. In so doing, we are also mindful of the purpose of the Fund and Congress’ intent to

address the connectivity needs of students, school staff, and library patrons who would otherwise be

record shows that many school districts have conducted needs assessments to determine the connectivity

needs of their students and staff.

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submit other supporting documentation at the time they submit their reimbursement requests, as discussed

further below and pursuant to our document retention requirements, all participants must certify

receipt/delivery of eligible equipment and services and that only eligible equipment and services were

invoiced, as well as retain and provide upon request by USAC, Commission staff, or any other authorized

federal entity with oversight authority over federal financial assistance and/or the federal response to the

pandemic, all records related to their reimbursement request (including, for example, contracts and asset

providers to submit reimbursement requests, we expect USAC to use, to the extent possible, the FCC

Form 472 (Billed Entity Applicant Reimbursement (BEAR) Form) and FCC Form 474 (Service Provider

service delivery date, whichever is later. That is half the time provided in the E-Rate Program, but

necessary to ensure that we can identify unspent funds and make them available to other applicants as

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States Department of Treasury.

must be prepared to take to ensure timely payment of reimbursement claims from the Fund, as well as

processes used to ensure proper payment.

Improvement Act of 1996, the Commission established what is commonly referred to as the “red light

rule.”

by an entity that is found to owe debts to the Commission until full payment or resolution of that debt.

notified of the debt, the Commission will dismiss any pending applications.

participate and all service providers that elect to submit requests for reimbursement in the Emergency

Connectivity Fund Program must also register with the System for Award Management (SAM). SAM is

a web-based, government-wide application that collects, validates, stores, and disseminates business

information about the federal government’s partners in support of federal awards, grants, and electronic

payment processes. Registration in the SAM provides the Commission with an authoritative source of

commitments. However, active SAM registration is required for an applicant or service provider to

receive a payment from the Emergency Connectivity Fund Program.

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subawards.

information on eligibility occurs to determine program or award eligibility and prevent improper

payments before the release of any federal funds.

Pay system before its Emergency Connectivity Fund Program application is processed and Program

payments can be issued.

and the terms of the Memorandum of Understanding between the Commission and USAC that authorizes

the use of USAC for the administration of the Emergency Connectivity Fund,

the Administrator of the Emergency Connectivity Fund Program. We will use USAC’s services to review

decision letters, review requests for reimbursement and invoices and recommend payment of funds, as

using USAC and its processes for the efficient and effective administration of the Emergency

Connectivity Fund Program,

and other Commission pandemic response programs

adopt the same requirements for USAC as are currently provided in section 54.702(c)-(d) of our rules

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governing USAC’s duties as Administrator of the Universal Service Support Programs.

among other things, we prohibit USAC from making policy, interpreting unclear statutes or rules relied

upon to implement and administer the Emergency Connectivity Fund Program, or interpreting the intent

of Congress.

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become compliant with the Commission’s rules and in protecting the funds from waste, fraud, and abuse.

consortia, and service providers, that similar to the E-Rate and other Universal Service Fund Programs,

Commission will direct USAC to perform such audits pursuant to the Commission and USAC’s

Specifically, we adopt the appeals and waiver request rules that govern USAC’s administration of the

Universal Service Support Programs, including the E-Rate Program.

We find these existing processes

sufficient to provide a meaningful review of decisions issued by USAC and the Commission regarding

the Emergency Connectivity Fund Program. However, we make one modification for the Emergency

Connectivity Fund Program appeal and waiver rules and provide a 30-day timeframe to request the

review of an action by USAC,

Commission’s rules.

apply to schools and libraries having computers with Internet access that seek E-Rate funding for Internet

access, Internet service, or internal connections under section 254(h)(1)(b) of the Communications Act

also apply to schools and libraries making certain purchases through the Emergency Connectivity Fund

Program. Specifically, we conclude that CIPA applies to the use of school or library owned computers,

including laptop and tablet computers, if the school or library accepts Emergency Connectivity Fund or E-

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Rate support for Internet access or Internet services, or E-Rate support for internal connections. We also

conclude that CIPA does not apply where schools or libraries have purchased advanced

telecommunications and information services through the Emergency Connectivity Fund Program to be

used only in conjunction with student-, school staff- or patron-owned computers. As explained below,

these conclusions reflect the fact that section 7402(a) of the American Rescue Plan expressly provides

that Emergency Connectivity Fund support is to be made available pursuant to section 254(h)(1)(B) and

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internal connections to comply with, and certify its compliance with, specific Internet safety requirements

for “its” computers, including the adoption and enforcement of an Internet Safety Policy that includes the

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the CIPA provisions in section 254 of the Communications Act.

Rescue Plan requires that the Emergency Connectivity Fund is to be made available under section

254(h)(1)(B) and (2),

and CIPA requirements apply to eligible entities having computers with Internet

access that seek funding for Internet access, and Internet service, and internal connections under the same

provision, section 254(h)(1)(B).

Therefore, as discussed further in this section, we conclude that CIPA

requirements extend to eligible entities having computers with Internet access that seek support for

receives Emergency Connectivity Fund or E-Rate support for Internet access or Internet services, or E-

as to “its” computers.

location where the device is used or temporarily possessed. We disagree with the suggestion that CIPA

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“receiv[ing] services at discount rates” unless it complies with CIPA.

CIPA also makes clear that this

prohibition does not apply to a school or library that receives discounted services “only for purposes other

than the provision of Internet access, Internet service, or internal connections.”

construed these provisions to mean that CIPA “applies [only] to entities receiving Internet access, Internet

service, or internal connections” under section 254(h).

Thus, there is no statutory basis for requiring

CIPA compliance from a school or library that does not receive those services through E-Rate or the

devices, even if the school or library receives Emergency Connectivity Fund or E-Rate support for

from the statute. A school or library does not “hav[e]” student-, school staff- or patron-owned devices,

nor would it make sense for a school or library to certify that those devices are “its” devices for purposes

whether to allow the use of third-party devices on their own networks or the broadband connections

purchased for use by their students, school staff, and library patrons and to adopt measures to protect or

limit the use of those connections by students, school staff or library patrons using their own devices to

certified its CIPA compliance for E-Rate applications, these applicants will be required to certify either

(1) that it is in compliance with CIPA requirements under section 254(h) and (l); (2) that it is undertaking

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on the part of all schools and libraries, while minimizing administrative burdens and costs for applicants

and the Commission. To streamline the application and reimbursement process, the CIPA certifications

will be included on the FCC Form 471 that will be used for the Emergency Connectivity Fund Program

and will not be on a separate FCC form.

abuse under our own procedures and in cooperation with law enforcement agencies. The specific

procedures identified below regarding asset inventory requirements, document retention requirements, the

prohibition on gifts, certifications, audits, and treatment of eligible equipment are tools at our disposal to

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or library.

patrons, but used to provide service to multiple eligible users, for example, a Wi-Fi hotspot used to

provide service on a school bus, must include the following information: (a) device type (i.e., laptop,

tablet, mobile hotspot, modem/router); (b) device make/model; (c) equipment serial number; (d) the name

of the school or library employee responsible for that device; and (e) the dates the device was in

service.

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record of services purchased with Emergency Connectivity Fund support.

include the following information: (a) type of service provided (i.e., DSL, cable, fiber, fixed wireless,

satellite, mobile wireless); (b) broadband plan details, including: upload and download speeds and

monthly data cap; (c) the name(s) of the person(s) to whom the service was provided; and for fixed

the intended service area; and for fixed broadband service; (e) the service address; (f) the installation date

of service, and (g) the last date of service (as applicable).

commenters were supportive of conforming the document retention requirements of the two programs.

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periods of only one or two years inadequate to protect the integrity of the Fund – as they would not

provide sufficient time to uncover and investigate instances of waste, fraud, and abuse. Although the

Commission has adopted shorter document retention periods for both the Emergency Broadband Benefit

Program

and the COVID-19 Telehealth Program,

Program support may be available through September 30, 2030 and given the size of the fund, $7.17

billion, a longer document retention period is reasonable for this Program. On balance, we find that a 10-

compromise fair and open procurement.”

course of the pandemic as a result of the waiver of the E-Rate gift rule granted by the Bureau last year.

participating in or seeking to participate in the Emergency Connectivity Fund Program. Participating

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be treated after the pandemic ends.

in the best position to determine the best use of their equipment. We therefore allow participating schools

and libraries to use the equipment after the emergency period for such purposes as the school or library

considers appropriate, provided that the equipment be used for educational purposes.

approach will provide schools and libraries the flexibility to account for the limited lifespan of eligible

equipment, while simultaneously combating potential waste, fraud, and abuse.

rules for the provision of support from the Emergency Connectivity Fund to schools and libraries for

specified equipment and services.

We have no discretion to diverge from statutory direction and thus a

actions exceed their benefits, is not directly called for.

Instead, we consider whether the actions we

Rate Program, by leveraging, to the extent feasible, existing E-Rate rules and processes to provide support

from the Emergency Connectivity Fund Program,

currently at our disposal for timely implementation of the legislative direction. Those rules have been

alternative of devising new approaches would lengthen the process of implementation and, given that they

prone to unintended consequences. Further, a new process would require the benefiting schools and

libraries to deal with the unfamiliar, increasing the time and effort they would necessarily expend exactly

when both those things come at a premium, and increasing the likelihood of error. We also find that

Fund Program to satisfy otherwise unmet needs for connectivity or for devices of students or staff make

our actions more cost-effective than other alternatives.

penalties on Emergency Connectivity Fund Program participants found to be in violation of the Program

rules and requirements.

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including imposing administrative forfeitures and other penalties on participating providers that violate

the Program rules and requirements, to protect the integrity of the Emergency Connectivity Fund

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Program,

thus we conclude it is appropriate to use the Commission’s existing, statutorily permitted

enforcement powers for the Program. We also find it appropriate to apply the Commission’s suspension

and debarment rules currently applicable to the Universal Service Fund Programs to the Emergency

Connectivity Fund Program participants.

support from participants found to be in violation of the Program rules, if appropriate, and will also seek

to recoup improperly disbursed funds, in addition to appropriate enforcement penalties. We think T-

Managing Director and direct the Office of the Managing Director to work in coordination with the

Bureau to ensure that all financial aspects of the program have adequate internal controls. These duties

fall within the Office of the Managing Director’s current delegated authority to ensure that the

Commission operates in accordance with federal financial statutes and guidance.

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oversight must be consistent with the rules adopted in this Report and Order. The Office of the Managing

Director performs this role with respect to USAC’s administration of the Commission’s Universal Service

Programs,

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effective management of the Emergency Connectivity Fund Program. Finally, we provide that the Office

of the Managing Director is required to consult with the Bureau on any policy matters affecting the

Emergency Connectivity Fund Program, consistent with section 0.91(a) of the Commission’s rules. The

Office of the Managing Director, in coordination with the Bureau, may issue additional directions to

USAC and Emergency Connectivity Fund Program participants in furtherance of the decisions reached

here.

Bureau (CGB), to conduct outreach to educate eligible schools and libraries about the Emergency

Connectivity Fund Program, and to coordinate, as necessary, with Congressional offices, other federal

agencies, and state, local and Tribal governments. We also direct USAC to develop and implement a

communications strategy, under the oversight of the Bureau, in coordination with CGB, to provide

Connectivity Fund Program meets its goals of providing connected devices and broadband connections to

students, school staff, and library patrons that otherwise would lack sufficient access and be unable to

that doing so is consistent with the decisions we reach here today.

days after publication in the Federal Register.

should ‘balance the necessity for immediate implementation against principles of fundamental fairness

which require that all affected persons be afforded a reasonable amount of time to prepare for the

requires that an agency prepare a final regulatory flexibility analysis “whenever an agency promulgates a

final rule under [5 U.S.C. § 553], after being required by that section or any other law to publish a general

notice of proposed rulemaking.”

adopted herein are impracticable, unnecessary, or contrary to the public interest, and thus no final

regulatory flexibility analysis is required.

the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), concurs,

that the regulations implementing the Emergency Connectivity Fund Program are a “major rule” under

the Congressional Review Act, 5 U.S.C. § 804(2). We find for good cause that notice and public

procedure on the rules adopted herein are impracticable, unnecessary, or contrary to the public interest,

prohibited under our ex parte rules as modified in this proceeding by the Wireline Competition Bureau in

Title VII of the American Rescue Plan Act, 2021, Pub. L. No. 117-2, 135 Stat. 4, this Report and Order IS

ADOPTED and SHALL BECOME EFFECTIVE upon publication in the Federal Register.

Title VII of the American Rescue Plan Act, 2021, Pub. L. No. 117-2, 135 Stat. 4, Part 54 of the

Commission’s rules, 47 CFR Part 54, is AMENDED as set forth in Appendix A, and such rule

amendments shall be effective after the publication of this Report and Order in the Federal Register,

except for those rules which are subject to the Paperwork Reduction Act approval process, including

sections 54.1710(a)-(b), 54.1711(a)-(b), 54.1714, and 54.1715, which will become effective upon

eligible for support under this subpart.

subpart.

(b) Libraries. (1) Only libraries eligible for assistance from a state library administrative agency under

the Library Services and Technology Act and not excluded under paragraph (b)(2) or (3) of this section

shall be eligible for support under this subpart.

support as libraries under this subpart.

(c) Consortia. For consortia, reimbursement through the Emergency Connectivity Fund shall apply only

to the portion of eligible equipment and services purchased by eligible schools and libraries and used by

students, school staff, or library patrons as provided for by this subpart.

(b) Eligible services. (1) For purposes of this subpart, except as provided in paragraph (b)(2) of this

section, services eligible for Emergency Connectivity Fund support shall be commercially-available fixed

or mobile broadband Internet access services, including those available for purchase by schools and

libraries through bulk purchasing arrangements.

self-provisioned networks included in the Emergency Connectivity Fund eligible services list; and/or the

reasonable costs of customer premises equipment to receive datacasting services.

with all applicable state, local, or Tribal procurement requirements for all equipment and services

supported by the Emergency Connectivity Fund.

offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as

provided during a funding year by the individuals specified in paragraph (a)(2)(ii) of this section.

related to the Emergency Connectivity Fund Program, or who prepare bids, communicate, or work with

Emergency Connectivity Fund Program service providers, Emergency Connectivity Fund Program

consultants, or with the Administrator, as well as any staff of such entities responsible for monitoring

compliance with the Emergency Connectivity Fund Program; and

boards of such an entity (such as members of the board of directors), and all employees, officers,

representatives, agents, or independent contractors of such entities.

relationship with any such eligible school, library, or consortium; and

rules in this subpart.

solicit and accept, broadband connections, devices, networking equipment, or other things of value

directly related to addressing remote learning needs of students, school staff, and library patrons due to

the COVID-19 pandemic through June 30, 2022.

local, state, or Federal agency with jurisdiction over the entity.

received by the applicant to anyone in connection with the Emergency Connectivity Fund.

otherwise obtain, any covered communications equipment or service, or maintain any

covered communications equipment or service, or maintain any covered communications

equipment or service previously purchased, rented, leased, or otherwise obtained, as

required by § 54.10.

service provider and that based on information known to me or provided to me by

employees responsible for the data being submitted, I hereby certify that the data set forth

in this request for reimbursement has been examined and is true, accurate and complete. I

acknowledge that any false statement on this request for reimbursement or on other

documents submitted by this school, library or consortium can be punished by fine or

orders governing the Emergency Connectivity Fund Program, and I acknowledge that

failure to be in compliance and remain in compliance with those rules and orders may result

in the denial of funding, cancellation of funding commitments, and/or recoupment of past

disbursements. I acknowledge that failure to comply with the rules and orders governing

the Emergency Connectivity Fund Program could result in civil or criminal prosecution by

law enforcement authorities.”

request for reimbursement is true, complete, and accurate, and the expenditures,

information, or the omission of any material fact, may subject me to criminal, civil or

administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code

Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729–3730 and 3801–

3812).”

that are not being used.

and all records related to its request for reimbursement, and will make such records and

that provides funds to be used for the capital expenditures necessary for the provision of

advanced communications services has been or will be used to purchase, rent, lease, or

FCC Form 474, an eligible school, library, consortium that includes an eligible school or library, or

service provider seeking reimbursement from the Emergency Connectivity Fund must submit invoices

detailing the items purchased or ordered to the Administrator at the time the FCC Form 472 or FCC Form

474 is submitted. Applicants that seek payment from the Emergency Connectivity Fund prior to paying

their service provider(s) must also provide verification of payment to the service provider(s) within 30

days of receipt of funds.

(c) Reimbursement and invoice processing. The Administrator shall accept and review requests for

reimbursement and invoices subject to the invoice filing deadlines provided in paragraph (d) of this

§ 54.1712 Duplicate support.

support mechanism or other universal service support mechanisms.

§ 54.1713 Treatment, resale, and transfer of equipment.

may be resold or transferred in consideration of money or any other thing of value, disposed of, donated,

(b) Inspections and investigations. Schools, libraries, consortia, and service providers shall permit any

representative (including any auditor) appointed by a state education department, the Administrator, the

Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction

over the entity to enter their premises to conduct inspections for compliance with the statutory and

with Federal or state privacy laws, Emergency Connectivity Fund participants may produce records

regarding students, school staff, and library patrons in an anonymized or deidentified format. When

requested by the Administrator or the Commission, as part of an audit or investigation, schools, libraries,

and consortia must seek consent to provide personally identification information from a student who has

reached the age of majority, the relevant parent/guardian of a minor student, or the school staff member or

library patron prior to disclosure.

§ 54.1715 Records retention.

service inventories as follows:

inventory must contain:

§ 54.1716 Children’s Internet Protection Act certifications.

(a) Definitions—(1) School. For the purposes of the certification requirements of this section, school

means school, school board, school district, local education agency or other authority responsible for

administration of a school.

certifications required and described in paragraph (c) of this section must be made in each funding year.

Connectivity Fund and uses Internet access or Internet service funded through the Federal universal

service support mechanism for schools and libraries or through the Emergency Connectivity Fund must

make the certifications as described in paragraph (c) of this section. The certifications required and

described in paragraph (c) of this section must be made in each funding year.

section, that they are not receiving support for such services or that the connected devices do not use

(d) Failure to provide certifications—(1) Schools and libraries. A school or library that knowingly fails

to submit certifications as required by this section shall not be eligible for support through the Emergency

knowingly fails to comply with the certifications required by this section must reimburse any funds and

and that has been directed to reimburse the program for support received during the period of

section. Upon submittal to the Commission of a certification or other appropriate evidence of such

or local procurement rules or regulations or competitive bidding requirements prevent the making of the

certification otherwise required. The waiver shall be granted upon the provision, by the authority

responsible for making the certifications on behalf of schools or libraries, that the schools or libraries will

be brought into compliance with the requirements of this section before the close of the relevant funding

year.

§ 54.1717 Administrator of the Emergency Connectivity Fund.

(b) The Administrator shall be responsible for reviewing applications for funding, recommending funding

commitments, issuing funding commitment decision letters, reviewing invoices and recommending

(c) The Administrator may not make policy, interpret unclear provisions of statutes or rules, or interpret

administration of the Emergency Connectivity Fund.

Fund as requested by the Commission by order or otherwise.

the Emergency Connectivity Fund, such audits shall be conducted in accordance with generally accepted

Connectivity Fund and may suspend or delay support amounts if a party fails to provide adequate

(b) Filing deadlines. (1) An affected party requesting review of a decision by the Administrator pursuant

to paragraph (a)(1) of this section shall file such a request within thirty (30) days from the date the

the applicant must file a sworn affidavit stating the date that the request for review was mailed.

Review by (name of party seeking review) of Decision of Universal Service Administrator” and shall

prohibitive conduct on the part of a third party, such request for review shall be served on the third party

consistent with the requirement for service of documents set forth in § 1.47 of this chapter. The third

party may file a response to the request for review. Any response filed by the third party shall adhere to

(d) Review by the Wireline Competition Bureau or the Commission. (1) Requests for review of

Administrator decisions that are submitted to the Federal Communications Commission shall be

considered and acted upon by the Wireline Competition Bureau; provided, however, that requests for

review that raise novel questions of fact, law, or policy shall be considered by the full Commission.

however, that the Commission shall not conduct de novo review of decisions issued by the Wireline

Administrator decision. When a party has sought review of an Administrator decision under paragraphs

(a)(1) through (3) of this section, the Commission shall not process a request for the reimbursement of

eligible equipment and/or services until a final decision has been issued either by the Administrator or by

the Federal Communications Commission; provided, however, that the Commission may authorize

disbursement of funds for any amount of support that is not the subject of an appeal.

have concluded that the pandemic has put low-income students in most grades “substantially further

behind than higher-income students.”

learning has been. In February, I met with students and Principal Willie Brewster from Brenda Scott

students are Black and 80% of students qualify for free or reduced-price lunch. I met with middle school

They also needed upgraded devices, so they are not as dependent on their cell phones to learn. The most

striking moment was when one eighth grader said plainly that she “needed a better internet.”

connectivity and access to educational resources. By leveraging the E-Rate program’s discount matrix,

serve students, staff, and patrons with disabilities. A group of 13 organizations representing people with

disabilities demonstrated in the record how connected devices support accessible video conferencing

platforms and other software necessary to ensure students who are deaf, hard of hearing, deafblind, or

deaf with mobility issues can fully participate in the remote learning experience.

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experience accessibility problems when using video conferencing platforms that do not provide

captioning, causing them to miss crucial information during class.

But accessible equipment can be

expensive. Giving organizations that serve students with disabilities the opportunity to see a waiver from

Commission to gather data that is critical to creating better policy. As I have consistently stated—from

year into the pandemic, many of those schools have refined their data-gathering techniques to get an even

questions to the Emergency Connectivity Fund application, the Commission will gain insight about where

the Homework Gap is and how wide the gap is. This information will help inform all of us, including

policymakers.

outlook of millions of children across the country, I am mindful that making sure every child has the

access to broadband services long before COVID-19, and the digital divide will not go away when the

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Re: Establishing the Emergency Connectivity Fund to Close the Homework Gap,

Report and Order.