Some Changes Sought to E-rate Application, Funding Levels

E-rate groups, industry and state officials welcomed the FCC's proposals to expand access to the program and streamline its requirements, in comments posted Tuesday in docket 02-6. Commissioners adopted the Further NPRM in July as part of an order expanding access to E-rate for tribal libraries (see 2307200041). Some sought more guidance on certain rules and more flexibility for applicants seeking category two support.

"The E-rate program must evolve to keep pace with the evolving connectivity needs of schools and libraries," said the State E-rate Coordinators' Alliance (SECA). There should be "clear and reasonable standards" for allowable and non-allowable changes to pending procurements if they are within the scope of the original request, SECA said. It also asked that the definition of a consortium be updated to reflect the definition used through the Emergency Connectivity Fund. Uniti Fiber also backed revising the definition, saying it "fears that the FCC may not be able to exercise sufficient regulatory oversight" over statewide consortiums because denial of their funding ... would risk the shutdown of statewide internet network on which thousands of schools, and millions of students, depend."

Release the eligible services list at least 60 days before the application filing window opens for the following funding year, said NCTA. The group backed expanding the competitive bidding exemption for libraries seeking less than $3,600 in support for category two equipment or services to all applicants purchasing $10,000 or less per funding year. The American Library Association agreed, noting nearly 70% of library funding requests in 2023 were for less than $10,000. ALA also asked the commission to remove the category one exemption that applies only to commercially available services.

The standard for granting a waiver for invoice resubmissions is "untenably high, making it sometimes nearly impossible for a provider to invoice for services it provided if it missed the deadline," said USTelecom. The group supported the proposed 30-day grace period for resubmissions that were timely filed but rejected after the deadline passed. The Illinois Office of Broadband agreed, saying it would "promote ... efficient E-rate administration" by allowing applicants or providers to "correct their error" rather than pursue a "burdensome and costly request for review or waiver."

Allow all eligible multiyear software-based services for category two equipment to be "requested and reimbursed based on how the software-based service is contracted and invoiced by the service provider," said E-Rate Management Professional Association (E-MPA). The group noted this change would acknowledge that applicants can "extend the lifetime" of their category two equipment through licensing renewal rather than a complete replacement of their equipment.

Adopt a "rolling category two funding application deadline," said the Schools, Health, & Libraries Broadband Coalition. Doing so would give applicants the opportunity to request funding "when they are ready ... or when the need arises," SHLB said. The group also backed expanding the commission's eligibility for tribal colleges and universities that serve the public to all colleges and universities serving the public. GCI Communication sought deadlines for bid responses and evaluations. "Waiting, sometimes indefinitely, for the applicant’s selection of a bidder creates uncertainty for service providers, even for the service provider that is ultimately selected as the winning bidder," GCI said.