USF Tracker - February 2023

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General

  • On February 28, 2023, in the School and Libraries docket, CC Docket No. 02-6, and in the Contribution Methodology docket, WC Docket No. 06-122, the Wireline Competition Bureau (WCB) issued a Public Notice (DA 23-141) 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 Universal Service Administrative Company (USAC).

Lifeline / Affordable Connectivity Program (ACP)

  • On February 17, 2023, in a Notice of Proposed Rulemaking (FCC 23-9), the FCC issued proposed rules to implement the Safe Connections Act of 2022, including through changes to the Lifeline and ACP. The NPRM requests comments on which program (Lifeline or ACP) should be designated to provide emergency communications support for survivors, how survivors can qualify, and how these programs can best serve survivors. Comments will be due 30 days after publication in the Federal Register and Reply Comments will be due 60 days after publication in the Federal Register.
  • On February 14, 2023, in an Order (DA 23-124), the WCB granted an extension until February 28, 2023 of the Lifeline Form 555 annual filing deadline to Lumen Technologies, Inc. and other similarly situated filers where USAC’s system did not permit a bulk upload process.
  • The WCB, in an Order (DA 23-84), previously extended waivers of Tribal Land Lifeline subscriber recertification and reverification requirements to April 30, 2023, extended the waiver to Tribal Land Lifeline subscribers that also participate in the ACP.

High Cost Fund Programs

  • On February 9, 2023, the WCB concluded the Eligible Locations Adjustment Process (ELAP) for the CAF Phase II auction in an Order (DA 23-117), adopting new deployment obligations for 31 participants and reducing each participant’s authorized support on a pro rate basis. The Order also denied Douglas Services, Inc., d/b/a Douglas Fast Net (Douglas Services) waiver request seeking to participate in the ELAP.

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

  • On February 28, 2023, in the School and Libraries docket, CC Docket No. 02-6, and in the Contribution Methodology docket, WC Docket No. 06-122, the WCB issued a Public Notice (DA 23-141) 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 February 17, 2023, in a Notice of Proposed Rulemaking (FCC 23-10), the FCC sought comments on ways to simply E-Rate program rules and encourage greater Tribal participation in the program, including ways to improve outreach to Tribal libraries that encounter barriers that limit access to the E-Rate program. Comments will be due 45 days after publication in the Federal Register; Reply Comments will be due 75 days after publication in the Federal Register.
  • On February 16, 2023, USAC made two new open data tools available, the E-Rate Search Commitments tool and the E-Rate Window Reporting tool, providing commitment data by funding year and E-Rate wave data for FY2016 and later, and providing the latest application window data for FY2023.
  • On February 16, 2023, USAC issued a reminder that February 28, 2023, is the last date that you can submit and certify a FCC Form 470 and still wait the required 28 days before submitting and certifying your FCC Form 471 by March 28, 2023, the last date of the FY2023 FCC Form 471 application filing window.
  • On February 15, 2023, the FCC announced in a Press Release over $24 million in ECF funding to support approximately 50,000 students across the country, including students in Illinois, Massachusetts, Minnesota, Texas, and Wisconsin.
  • On February 15, 2023, USAC held a webinar answering questions about the competitive bidding process and filing FCC Form 471. Information from the webinar is available here.
  • On February 8, 2023, the WCB granted reconsideration of the Bureau’s prior denial of requests for additional time to file appeals with USAC for considerations on the merits in an Order on Reconsideration (DA 23-110). The petitioners each mistakenly filed an appeal with the FCC rather than with USAC.
  • On February 1, 2023, the FCC announced in a Press Release over $30 million in ECF funding to support approximately 75,000 students across the country, including students in Colorado, Florida, Idaho, Nebraska, New Jersey, and Nevada.
  • The WCB previously announced in a Public Notice (DA 23-64) the revised filing deadline of March 31, 2023, for the mobile network coverage milestone of the Bringing Puerto Rico Together Fund and the Connect USVI Fund Stage 2 mobile support recipients.
  • The WCB previously 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.

Rural Health Care

  • On February 2, 2023, USAC released the RHC Program News February Newsletter.
  • On February 1, 2023, in an Order (DA 23-94), the WCB granted the requests for waiver of section 54.627(a) of the FCC’s rules (FCC Form 463) for University of Virginia Health System Center for Telehealth (UVA Telehealth Center) and Lumos Networks Inc. (Lumos) relating to the invoice filing deadline for the Rural Health Care HCF Program.
  • On January 27, 2023, in an Order (DA 23-6) the FCC approved RHC program proposals to make it easier for health care providers to receive support and issued a Second Further Notice of Proposed Rulemaking. Among other items, the Order granted petitions challenging the database of urban and rural rates (Rates Database) for the Telecommunications Program (Telecom Program), returning the Telecom Program to the rate determination rules in place before the adoption of the Rates Database, adopted proposals to amend RHC program invoicing processes and the internal cap application and prioritization rules, and proposed revisions to the rate determination rules, seeking comment on whether to reinstate the cap on support for satellite services, proposing to make it easier for health care providers to receive RHC program funding as soon as they become eligible, proposing to align the deadline to request a Service Provider Identification Number (SPIN) change with the invoice filling deadline, and seeking comment on revisions to data collected in the Telecom Program. Comments will be due 30 days after publication in the Federal Register; Reply Comments will be due 60 days after publication in the Federal Register.
  • USAC previously 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.

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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.

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