January 6, 2023

USF Tracker - December 2022

Winafred Brantl, Thomas Cohen, Michael Dover, Henry Kelly, Chip Yorkgitis

Kelley Drye & Warren LLP

+ Follow Contact

Facebook

Send

Embed

General

On December 23, 2022, FCC Chairwoman Rosenworcel named six members of the Board of Directors of the Universal Service Administrative Company (USAC) in a Public Notice (DA 22-1365.
On December 5, 2022, the FCC issued an Order (DA 22-92) appointing the Honorable Burt Cohen to serve as the State Consumer Advocate representative on the Federal-State Joint Board on Universal Service.

Lifeline / Affordable Connectivity Program (ACP)

On December 15, 2022, in an Order (DA 22-1336), the Wireline Competition Bureau (WCB) approved the request of T-Mobile South LLC to relinquish its ETC designation in Florida for high-cost support, effective December 31, 2020, and for Lifeline support, effective December 31, 2022.
On December 15, 2022, in an Order (DA 22-1335), the WCB approved the request of T-Mobile Northeast LLC to relinquish its Lifeline-only ETC designation in Virginia, effective as of December 31, 2022.
The WCB previously announced in a Public Notice (DA 22-1213) that the Your Home, Your Internet and Affordable Connectivity Program (ACP) Navigator Pilot Programs application filing window will close on January 9, 2023, at 9:00 PM ET. The Public Notice also provided additional information about the content and process for submitting an application.
The WCB previously released an Order (DA 22-1039) extending the waiver of Lifeline recertification and reverification requirements for Lifeline subscribers residing on Tribal lands to January 31, 2022 and expanding the waiver to include ACP participants.

High Cost Fund Programs

On December 16, 2022, the WCB, in conjunction with the Office of Economics and Analytics (OEA), authorized Rural Digital Opportunity Fund (RDOF) (Auction 904) support for 1,764 winning bids in a Public Notice (DA 22-1321).
On December 16, 2022, in a Public Notice (DA 22-1338), the WCB and the OEA announced the 2023 reasonable comparability benchmarks for fixed voice and broadband services for eligible telecommunications carriers (ETCs) that are subject to broadband public interest obligations, including incumbent local exchange rate-of-return carriers, incumbent price-cap carriers that are receiving Connect America Fund (CAF) Phase II support, Rural Broadband Experiment providers, CAF Phase II Auction (Auction 903) winners, and RDOF Auction (Auction 904) winners, and announced the posting of the fixed voice and broadband services data collected in the most recent urban rate survey, and explanatory notes.
On December 15, 2022, USAC announced a January 19, 2023 webinar (from 1:30 PM ET to 2:30 ET) relating to overview of the High Cost Universal Broadband (HUBB) filing requirements and a walk through of the system. Registration information is available.
>On December 15, 2022, USAC announced that carriers participating in modernized CAF programs with defined fixed broadband buildout obligations have until March 1, 2023, to file deployment data with USAC’s HUBB portal showing where they built out mass-market, high-speed Internet service in calendar year 2022 or certify that they have “no locations to upload.”
On December 15, 2022, the WCB, in conjunction with the OEA, authorized RDOF (Auction 904) support for 80 winning bids in a Public Notice (DA 22-1322).
On December 15, 2022, in an Order (DA 22-1336), the WCB approved the request of T-Mobile South LLC to relinquish its ETC designation in Florida for high-cost support, effective December 31, 2020 and for Lifeline support, effective December 31, 2022.
On December 13, 2022, USAC released an updated version of the CAF Broadband Map.
On December 13, 2022, in a Public Notice (DA 22-1308), the WCB authorized Inventive Wireless of Nebraska, LLC dba Vistabeam in relation to receive CAF Phase II auction support associated with 176 census blocks in Wyoming.
On December 12, 2022, the WCB extended the limited waiver of the letter of credit rules for CAF Phase II Auction (Auction 903) funding recipients until December 31, 2023 in Order (DA 22-1304).
On December 2, 2022, the WCB issued a Public Notice (DA 22-1260) transferring CAF Phase II Auction support from Redwire Inc. to Atlink Services, LLC and denying Redwire Inc.’s request for waiver of the deadline to return support associated with the remaining census blocks covered by Redwire’s winning Auction 903 bids that Redwire did not transfer to AtLink.

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

On December 30, 2022, in the School and Libraries docket, CC Docket No. 02-6, in the Emergency Connectivity Fund, WC Docket No. 21-93, in the Rural Health Care Program (RHC) docket, WC Docket No. 02-60, and in the Contribution Methodology docket, WC Docket No. 06-122, the WCB issued a Public Notice (DA 22-1346) 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 the USAC.
On December 30, 2022, USAC announced the “E-Rate Eligible Services List Office Hour Webinar” to be held on January 26, 2023, from 2 PM ET to 3 PM ET. Registration information is available.
On December 30, 2022, USAC announced the “E-Rate Service Provider Selection and the FCC Form 471 Office Hour” presentation to be held on January 24, 2023, from 2 PM ET to 3 PM ET. Registration information is available.
On December 30, 2022, USAC announced the “E-Rate Competitive Bidding (FCC Form 470) and Guiding Statements Overview and Office Hour” presentation to be held on January 19, 2023, from 2 PM ET to 3 PM ET. Registration information is available.
On December 21, 2022, USAC requested that E-Rate Productivity Center (EPC) profiles be updated by January 16, 2023, at 11:59 PM ET. The EPC Administrative Window will close January 16, 2023.
On December 21, 2022, USAC announced that Funding Year (FY) 2023 FCC Form 471 application filing window opens on January 18, 2023, at 12:00 PM ET and closes on March 28, 2023, at 11:59 PM ET. February 28, 2023 is the last date that applicants can certify an FCC Form 470 and still have time to wait the required 28 days and certify their FCC Form 471 before the application filing window closes.
On December 19, 2022, USAC announced a webinar to provide an overview of E-Rate eligible services and discuss the FY 2023 Eligible Services List (ESL) on January 5, 2023, at 2 PM ET. Registration information is available.
On December 19, 2022, the FCC announced is committing over $65 million in a new funding round through the Emergency Connectivity Program (ECP), to support applications from the third application window, benefiting approximately 170,000 students across the country, including students in Alaska, Indiana, Minnesota, Oklahoma, Puerto Rico, and Texas.
On December 16, 2022, USAC announced the Winter Deferral Period of December 16, 2022 to January 6, 2023.
On December 14, 2022, the WCB released a Public Notice (DA 22-1315) seeking comments to allow the use of E-Rate funds to support advanced or next generation firewalls and services, as well as other network security services. Comments are due February 13, 2023; Reply Comments are due March 30, 2023.
On December 14, 2022, in an Order (DA 22-1313), the WCB adopted the final eligible services list for FY 2023 for the E-Rate program and authorizing USAC to open the annual FCC Form 471 application filing window within 60 days after the release date of this Order.
On December 7, 2022, the FCC announced it is committing nearly $54 million in a new funding round through the ECP to support applications from all three application windows, benefiting approximately 150,000 students across the country, including students in Florida, Massachusetts, Minnesota, Missouri, Washington, and West Virginia.

Rural Health Care (RHC)

On December 30, 2022, in the School and Libraries docket, CC Docket No. 02-6, in the Emergency Connectivity Fund, WC Docket No. 21-93, in the RHC Program docket, WC Docket No. 02-60, and in the Contribution Methodology docket, WC Docket No. 06-122, the WCB issued a Public Notice (DA 22-1346) 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 the USAC.
On December 21, 2022, the WCB issued a Public Notice (DA 22-1349) on the petition of Avel e-Care, LLC seeking clarification on section 54.609(b) relating to the qualifications for serving as a leader of a consortium in the HealthCare Connect Fund (HCF) Program or, alternatively, requesting waiver. Comments are due January 23, 2023; Reply Comments are due February 7, 2023.
On December 5, 2022, the WCB issued an Order (DA 22-1264) agreeing with USAC’s denial of certain funding requests for Primary Healthcare Centers (PHC) for FY 2016 and denying a request to waive the Commission’s RHC Connect and Telecommunications (Telecom) Program rules.
On December 2, 2022, USAC released the December RHC Program Newsletter.
On December 1, 2022, USAC announced the filing window open for FY 2023 funding requests. HCF Program applicants can submit the FCC Form 462 in RHC Connect and Telecom Program and applicants can submit the FCC Form 466. The filing window closes on April 3, 2023, at 11:59 PM ET.
On December 1, 2022, the FY 2023 filing window opened for the HCF Program. Applicants can now submit the FCC Form 462 in RHC Connect and Telecom Program applicants can now submit the FCC Form 466 in My Portal. The filing window closes on April 3, 2023, at 11:59 PM ET.
The Office of Management and Budget and WCB previously established via Public Notice (DA 22-582) that additional information for the post-program report from Round 2 COVID-19 Telehealth Program funding recipients is due on January 31, 2024.

[View source.]

Send Print Report

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.