General

• On January 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the Emergency Connectivity Fund (ECF) program docket, WC Docket No. 21-93, in the Rural Health Care (RHC) program docket, WC Docket No. 02-60, and in the Contribution Methodology docket, WC Docket No. 06-122, the Wireline Competition Bureau (WCB) issued a Public Notice (DA 23-70) 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 January 30, 2023, in an Order (DA 23-84), the WCB extended waivers of Tribal land Lifeline subscriber recertification and reverification requirements to April 30, 2023, and extended the waiver to Tribal Land Lifeline subscribers that also participate in the ACP.
• On January 17, 2023, the Federal Communications Commission (FCC or Commission) adopted a Notice of Apparent Liability for Forfeiture and Order (FCC 23-2) proposing a $62 million penalty against Q Link Wireless LLC for an alleged violation of Emergency Broadband Benefit (EBB) Program rules relating to reimbursement for connected devices in excess of the market value.
• On January 13, 2023, the WCB announced in a Public Notice (DA 23-34) that comments in response to the Affordable Connectivity Program (ACP) Transparency Data Collection Fourth Report and Order and Further Notice of Proposed Rulemaking are due no later than February 13, 2023; reply comments are due no later than February 27, 2023.
• The Commission received applications for the ACP Outreach Grant Program and the Your Home, Your Internet Pilot Program and the ACP Navigator Program on January 9, 2023.
• On January 5, 2023, in an Order (DA 23-14), the WCB granted VPNet, Inc. a limited waiver of the EBB program reimbursement rules permitting it to certify reimbursement by the 15th of the month for the October 2021 service month.

High Cost Fund Programs

• On January 19, 2023, the WCB issued an Public Notice (DA 23-49) announcing the conclusion of the Auction 903 or Connect America Fund (CAF) Phase II auction long-form application review. There were 195 authorized applicant state combinations, totaling $1.48 billion authorized in 10-year support, covering 708,494 locations in 45 states. Additionally, 10 applicants were authorized to receive CAF Phase II auction support in conjunction with New York’s New NY Broadband Program totaling $65.49 million in 10-year support, covering 47,200 locations in New York. The Public Notice also announced the availability of additional information from the long-form applications submitted by applicants (FCC Form 683 and FCC Form 5625).
• On January 17, 2023, in a Public Notice (DA 23-39), the WCB approved a revised performance plan for the rate-of-return Alaska Plan participant Arctic Slope Telephone Cooperative (ASTAC). In the Alaska Plan Order, the FCC provided a one-time opportunity for Alaskan rate-of-return carriers to elect to receive support frozen at adjusted 2011 levels for a 10-year term in exchange for meeting individualized performance obligations. ASTAC stated that it was able to (1) negotiate access to fiber middle mile capacity at a lower rate, allowing ASTAC to offer service at higher speeds, i.e., at least 100/20 Mbps, in many areas, and (2) move service in Atqasuk from satellite to fiber middle mile resulting in an additional 78 newly deployed/upgraded locations by the end of the 10-year term. The Public Notice stated that it is in the public interest to approve ASTAC’s revised performance obligations.
• On January 13, 2023, the WCB, in conjunction with the Office of Economics and Analytics (OEA), issued a Public Notice (DA 23-33) authorized Rural Digital Opportunity Fund (RDOF) (Auction 904) support for 1,764 winning bids and dismissed, as moot, Etheric Communications LLC’s petition to waive the June 7, 2021 deadline requiring each RDOF long-form applicant to demonstrate that it has been designated as an eligible telecommunications carrier (ETC) in each of the geographic areas for which it seeks to be authorized for Auction 904 support.

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

• On January 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the ECF program docket, 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 23-70) 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 January 24, 2023, the WCB 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.
• On January 4, 2023, the FCC announced in a News Release that it is committing over $40 million in a new funding round through the ECP. The funding commitments support applications from the third application window, benefiting approximately 100,000 students across the country, including students in Illinois, Indiana, Maryland, Michigan, Washington, and Wisconsin.
• On January 19, 2023, in an Order (DA 23-48), the WCB granted 37 appeals of decisions of USAC from E-Rate program participants seeking relief to correct ministerial or clerical errors associated with the invoicing process, granted one petition for reconsideration, and granted 7 appeals where the petitioners failed to respond to USAC’s request for additional information regarding the submitted reimbursement form or extension request within the specified timeframe.
• On January 4, 2023, the FCC announced in a News Release that it is committing over $34 million in a new funding round through the ECP. The funding commitments support applications from the third application window, benefiting approximately 80,000 students across the country, including students in Colorado, Idaho, Missouri, North Carolina, Ohio, and Washington.
• USAC previously announced that the 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.
• 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 January 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the ECF program docket, 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 23-70) 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 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.
• On January 5, 2023, USAC released the RHC Program News January Newsletter.
• The WCB previously 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.
• 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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