USF Tracker - August 2023

Kelley Drye & Warren LLP
Contact

General

  • On August 24, 2023, the Wireline Competition Bureau (WCB) issued a Public Notice (DA 23-753) seeking nominations for six positions on the Board of Directors for the Universal Service Administrative Company (USAC). Nominations are due by October 24, 2022.

  • On August 18, 2023, in an Order (DA 23-723), the WCB waived, on its motion, certain Affordable Connectivity Program (ACP), Lifeline, E-Rate, Emergency Connectivity Fund (ECF), Rural Health Care (RHC), and High Cost rules and deadlines to assist participants and service providers, including Universal Service Fund (USF) contributors, located in the areas affected by the Hawai’i Wildfires.

Lifeline / Affordable Connectivity Program

  • On August 28, 2028, the Federal Communications Commission (Commission) announced in a News Release a formalized partnership to promote awareness of the ACP between the Commission and the U.S. Department of Housing and Urban Development (HUD). The partnership is designed to provided information about the ACP to HUD assistance recipients.

  • On August 25, 2023, as a result of the impacts of the Hawai’i Wildfires, in an Order (FCC 23-67), the Commission temporarily waived the Lifeline eligibility requirements to permit households to enter the Lifeline program if they are receiving individual assistance from the Federal Emergency Management Agency’s Individuals and Households Program.

  • On August 17, 2023, in a Public Notice (DA 23-717), the Consumer and Governmental Affairs issued final funding allocations for the ACP Outreach Grant Program, National Competitive Outreach Program (NCOP) Round 2. The total amount of final funds announced for NCOP Round 2 is over $4.3 million. These funds are intended for 12 states and territories where funding minimums were not met during NCOP Round 1.

  • On August 14, 2023, the Commission announced in a News Release that more than 20 million households have enrolled in the ACP. Chairwoman Rosenworcel said in the News Release that “[e]nrolling more than 20 million eligible households is no small feat—and wouldn’t be possible without the partnership of organizations in rural, suburban, and urban communities across the country who are getting the word out about this powerful program. We’ve made too much progress in helping families get online to turn back now.”

  • On August 11, 2023, the WCB announced in a Public Notice (DA 23-683) the dates for the ACP Transparency Data Collection, establishing a submission deadline of November 9, 2023, based on a snapshot date of August 1, 2023. Providers can begin submitting data on September 8, 2023.

  • On August 4, 2023, the Commission in a Report and Order (FCC 23-62) adopted rules to establish enhanced discounts for monthly broadband services provided in high-cost areas for ACP participants. High-cost ACP benefits permit ACP providers, if approved, to offer a benefit of up-to $75 per month to households in high-cost areas, such as in rural or insular areas where the provider would incur economic hardship to provide broadband service.

High Cost Fund Programs

  • On August 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the ECF docket, WC Docket No. 21-93, in the RHC program docket, WC Docket No. 02-60, in the High-Cost program docket, WC Docket No. 10-90, and in the Contribution Methodology program docket, WC Docket No. 06-122, the WCB issued a Public Notice (DA 23-756) announcing the grant, dismissal, or denial of various requests (such as requests for review, requests for waivers, and petition for reconsideration) related to actions taken by USAC.

  • On August 30, 2023, the WCB announced in a Public Notice (DA 23-779) offers of model-based Enhanced Alternative Connect America Cost Model (A-CAM) (v2.6.0) support to fund the deployment of voice and broadband-capable networks. Carriers have until September 29, 2023 to indicate, on a state-by-state basis, whether they elect to receive the Enhanced A-CAM support.

  • On August 30, 2023, the WCB issued an Order (DA 23-778) establishing parameters and requirements for the Enhanced A-CAM program to, among other things, set 60% as the percentage of existing A-CAM support that an Enhanced A-CAM carrier will receive for locations where the ILEC, but not an unsubsidized competitor, was already serving 100/20 Mbps or faster broadband service.

  • On August 22, 2023, the WCB announced in a Public Notice (DA 23-744) the notification from Cuba City Telephone Exchange Co. and Cal-Ore Communications, Inc. of their decision to withdraw from the Rural Digital Opportunity Fund (RDOF) support program.

  • On August 14, 2023, the WCB announced in a Public Notice (DA 23-696) the release of additional location information for the Illustrative results of the Enhanced A-CAM program.

  • On August 11, 2023, the WCB issued a Public Notice (DA 23-681) seeking comment on extending the waiver of the letter of credit rules for Connect America Fund (CAF) Phase II Auction (Auction 903) support beyond December 31, 2023. The WCB previously waived the Commission’s letter of credit rules for CAF Phase II auction (Auction 903) and Rural Broadband Experiments support for recipients in 2020 and 2021, requiring participants in those programs to comply with the less extensive letter of credit rules for the RDOF program. The WCB subsequently extended that waiver until the end of December 2023. In the Public Notice, the WCB seeks comments on, among other things, whether to extend the waiver for support recipients that have met each of their deadlines, and whether, and to what extent, the pandemic or other factors continue to affect the operations of telecommunications services providers, financial markets, and supply chains. Comments are due by September 11, 2023, and Reply Comments are due by September 26, 2023.

  • On August 7, 2023, in a Public Notice (DA 23-658), the WCB announced the release of illustrative results for the Enhanced A-CAM program. The results utilized three different combinations of per-location funding caps for unserved locations and funding percentages for locations already deployed by ILECs, and are based on Version 2 of the Broadband Serviceable Location Fabric and incorporate currently served locations from Version 2 of the Broadband Data Collection.

  • The Commission, in a Report and Order, Notice of Proposed Rulemaking, and Notice of Inquiry (FCC 23-60), previously sought comment on how to address legacy rate-of return support mechanisms while avoiding unnecessary duplication of support in light of other available funding programs, and in the Notice of Inquiry (NOI), the Commission sought information on methods for modifying the high cost program to promote affordable and available broadband services. Comments on the Notice of Proposed Rulemaking (NPRM) are due by September 18, 2023, and Reply Comments are due by October 2, 2023. Comments on the NOI are due by October 23, 2023, and Reply Comments are due by November 21, 2023.

Schools and Libraries (E-Rate) / Emergency Connectivity Fund

  • On August 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the ECF docket, WC Docket No. 21-93, in the RHC program docket, WC Docket No. 02-60, in the High-Cost program docket, WC Docket No. 10-90, and in the Contribution Methodology program docket, WC Docket No. 06-122, the WCB issued a Public Notice (DA 23-756) announcing the grant, dismissal, or denial of various requests (such as requests for review, requests for waivers, and petition for reconsideration) related to actions taken by USAC.

  • On August 30, 2023, the Commission in a Public Notice (DA 23-791) announced in an upcoming webinar to launch and provide additional information about the E-Rate program Funding Year 2024 Tribal Library Pilot Program.

  • On August 23, 2023, the Commission announced in a News Release over $68 million in ECF funding. The funding will support approximately 110,000 students nationwide, including students in Connecticut, Maryland, Massachusetts, Indiana, Washington, Arizona, and New Mexico.

  • On August 14, 2023, the WCB granted a petition for a limited waiver of the ECF program’s invoice filing deadline in an Order (DA 23-669). The waiver granted an automatic, one-time extension of the invoice filing deadline to October 30, 2023.

  • On August 9, 2023, the Commission announced in a News Release over $46 million in ECF funding. The funding will support approximately 125,000 students nationwide, including students in Arizona, Georgia, Illinois, Massachusetts, Ohio, Oregon, and Washington.

  • The Commission previously released a Report and Order and Further Notice of Proposed Rulemaking (FCC 23-56) modifying the Commission’s rules to allow Tribal college and university libraries to apply for and receive E-Rate support, provided they are also serving as a public library in their community, and adopting several other changes to simplify and improve the E-Rate application process for Tribal library and other applicants. In the Further Notice of Proposed Rulemaking (FNPRM), the Commission seeks comments on other potential ways to streamline and simplify the program for all participants. Comments on the FNPRM are due by September 25, 2023, and Reply Comments are due by October 23, 2023.

Rural Health Care

  • On August 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the ECF docket, WC Docket No. 21-93, in the RHC program docket, WC Docket No. 02-60, in the High-Cost program docket, WC Docket No. 10-90, and in the Contribution Methodology program docket, WC Docket No. 06-122, the WCB issued a Public Notice (DA 23-756) announcing the grant, dismissal, or denial of various requests (such as requests for review, requests for waivers, and petition for reconsideration) related to actions taken by USAC.

  • On August 31, 2023, USAC reminded Healthcare Connect Fund participants receiving RHC program funding are required to submit an annual report to USAC by September 30, 2023, following the funding year in which funding was provided.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kelley Drye & Warren LLP | Attorney Advertising

Written by:

Kelley Drye & Warren LLP
Contact
more
less

Kelley Drye & Warren LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide