14180 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–93; DA 22–176; FR ID 

75675] 

Establishing Emergency Connectivity 

Fund To Close the Homework Gap 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau (Bureau) 

grants, in part, the Petition for Waiver 

filed by a group of Emergency 

Connectivity Fund Program 

stakeholders by waiving and extending 

the service delivery date to June 30, 

2023 for all applicants who applied for 

Emergency Connectivity Fund support 

for equipment, other non-recurring 

services, and recurring services during 

the first and second application filing 

windows. The Bureau finds that due to 

the concurrent timing of the funding 

request processing and other factors 

beyond Emergency Connectivity Fund 

Program participants’ control, certain 

first and second window applicants may 

not be able to use their committed 

funding to the full extent possible. The 

Bureau modifies the procedural rule and 

directs the Universal Service 

Administrative Company (USAC), the 

Administrator of the Emergency 

Connectivity Fund Program, to use June 

30, 2023 as the service delivery date for 

all requests for equipment, other nonrecurring services, and recurring 

services submitted during the first and 

second Emergency Connectivity Fund 

Program application filing windows. 

DATES: Effective March 14, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Molly O’Conor, Wireline Competition 

Bureau, (202) 418–7400 or by email at 

Molly.OConor@fcc.gov. The Federal 

Communications Commission 

(Commission) asks that requests for 

accommodations be made as soon as 

possible in order to allow the agency to 

satisfy such requests whenever possible. 

Send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Bureau’s Order in WC 

Docket No. 21–93; DA 22–176, adopted 

February 22, 2022, and released 

February 22, 2022. Due to the COVID– 

19 pandemic, the Commission’s 

headquarters will be closed to the 

general public until further notice. The 

full text of this document is available at 

the following internet address: https://

www.fcc.gov/document/wcb-extendsecf-service-delivery-date-june-30-2023. 

I. Introduction 

1. In this Order, the Bureau grants, in 

part, the Petition for Waiver filed by a 

group of Emergency Connectivity Fund 

Program stakeholders led by the 

Schools, Health & Libraries Broadband 

(SHLB) Coalition by waiving and 

extending the service delivery date to 

June 30, 2023 for all applicants who 

applied for Emergency Connectivity 

Fund support for equipment, other nonrecurring services, and recurring 

services during the first and second 

application filing windows. The Bureau 

finds that due to the concurrent timing 

of the funding request processing and 

other factors beyond Emergency 

Connectivity Fund Program 

participants’ control, certain first and 

second window applicants may not be 

able to use their committed funding to 

the full extent possible. Therefore, in 

providing this relief, the Bureau seeks to 

alleviate administrative burdens, 

streamline the process for Emergency 

Connectivity Fund Program 

participants, and ensure applicants are 

treated fairly and equitably regardless of 

when their applications are processed 

and funding commitment decision 

letters are issued. Accordingly, the 

Bureau modifies the procedural rule and 

directs USAC, the Administrator of the 

Emergency Connectivity Fund Program, 

to use June 30, 2023 as the service 

delivery date for all requests for 

equipment, other non-recurring 

services, and recurring services 

submitted during the first and second 

Emergency Connectivity Fund Program 

application filing windows. 

II. Discussion 

2. Generally, the Commission’s rules 

may be waived for good cause shown. 

The Commission may exercise its 

discretion to waive a rule where the 

particular facts make strict compliance 

inconsistent with the public interest. In 

addition, the Commission may take into 

account considerations of hardship, 

equity, or more effective 

implementation of overall policy on an 

individual basis. 

3. To ensure first and second window 

applicants can use all of their 

Emergency Connectivity Fund support 

to connect students, school staff, and 

library patrons regardless of when their 

application was processed and funding 

commitment decision letter was issued, 

the Bureau finds that good cause exists 

to waive and extend the service delivery 

date to June 30, 2023 for all first and 

second window funding requests for 

equipment, other non-recurring 

services, and recurring services. In 

particular, the Bureau recognizes that in 

the swift implementation of this 

emergency program, the timing of 

application reviews, post-commitment 

change request processing, and the 

issuance of funding commitment 

decision letters may have inadvertently 

resulted in some applicants having less 

time to use the funded equipment and/ 

or services during the July 1, 2021 

through June 30, 2022 funding period. 

Moreover, other factors, such as 

disruptions in the global supply chain, 

logistical delays, and the ongoing 

impact of the COVID–19 pandemic on 

our nation’s schools and libraries have 

contributed to the need for additional 

time and present compelling and unique 

circumstances that merit a waiver of our 

rules. As such, the Bureau extends the 

service delivery date for all Emergency 

Connectivity Fund Program requests for 

equipment, other non-recurring 

services, and recurring services 

submitted during the first and second 

application filing windows. This means 

that applicants will be able to receive 

Emergency Connectivity Fund support 

for the full requested twelve months of 

service, or for connected devices or 

other eligible equipment delivered by 

June 30, 2023. 

4. The Bureau also concludes that 

extending the service delivery date will 

not lead to any undue advantage in 

funding as the first and second window 

applicants will not receive more 

funding than what is allowed under the 

Emergency Connectivity Fund Program 

rules. In addition, the Bureau finds that 

the public interest would not be served 

were these first and second window 

applicants to lose or not be able to fully 

use the committed Emergency 

Connectivity Fund support for the 

equipment and broadband services 

needed for these students, school staff, 

and library patrons to fully engage in 

remote learning during this 

unprecedented time. Rather, the action 

the Bureau takes will allow schools and 

libraries to provide and use the 

Emergency Connectivity Fundsupported equipment and services 

beyond the current June 30, 2022 

service delivery date, thereby enhancing 

the off-campus connectivity available to 

students, school staff, and library 

patrons during the ongoing emergency 

period, consistent with the goals of the 

Emergency Connectivity Fund Program. 

5. In granting the requested relief, the 

Bureau emphasizes that this Order does 

not impact funding requests for the 

construction of new networks or the 

provision of customer premises 

equipment for datacasting services. 

Unlike requests for equipment or 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Rules and Regulations 14181 

commercially available services, 

applicants seeking support for special 

construction or customer premises 

datacasting equipment are provided one 

year from the date of their funding 

commitment decision letter to 

demonstrate that construction is 

completed and the services have been 

provided. The one-year deadline for 

special construction and customer 

premises datacasting equipment was 

established to ensure the greatly needed 

services were provided as quickly as 

possible to these students, school staff, 

and library patrons with continuing 

unmet needs during the COVID–19 

emergency period. Thus, in the interest 

of providing and fully using this 

emergency funding to meet the 

immediate connectivity needs of 

students, school staff, and library 

patrons nationwide, the Bureau limits 

the relief provided by this Order to 

requests for equipment, other nonrecurring services, and recurring 

services requested during the first and 

second application filing windows. 

6. The Bureau also acknowledges 

SECA’s concerns about the potential 

impact that an extension of the service 

delivery date may have on future 

application filing windows. The Bureau 

is mindful that these funds are limited 

and have adopted safeguards to ensure 

the funds are fully used for their 

intended purpose. The Bureau further 

believes that taking a different approach 

than the one the Bureau adopts will 

contribute to further delays, impose 

additional administrative burdens on 

the affected first and second window 

applicants, and create confusion among 

program participants by switching from 

a consistent deadline to a more variable 

one. The Bureau concludes that 

extending the service delivery date to 

June 30, 2023 will streamline the 

process for all program participants and 

allow for the greater provision of 

affordable devices and connectivity to 

students, school staff, and library 

patrons in need during the ongoing 

pandemic and therefore, furthers the 

mission of the Emergency Connectivity 

Fund. The Bureau encourages 

applicants and service providers, who 

agree to invoice on behalf of the 

applicant, to continue to submit timely 

requests for reimbursement after 

receiving the requested eligible 

equipment or services, to allow any 

unused Emergency Connectivity Fund 

support to be made available to other 

students, school staff, and library 

patrons with continuing unmet needs 

during this pandemic. 

7. The Bureau is also mindful that 

certain applicants may have modified 

their first or second application filing 

window recurring services requests to 

reflect the dates that the services could 

be delivered between July 1, 2021 and 

June 30, 2022, based on the date of their 

funding commitment decision letter. For 

example, applicants may only be able to 

use funding for 6 months of service 

based on a January 1, 2022 dated 

funding commitment decision letter. If 

an applicant has modified a first or 

second window recurring services 

funding request, they may submit a 

waiver to the Commission asking that 

the voluntarily reduced funds be 

restored to those funding requests and 

subject to the updated June 30, 2023 

service delivery date. 

8. The Bureau modifies § 54.1711(e) 

accordingly to extend the service 

delivery date to June 30, 2023. The 

Bureau makes this change without 

notice and comment in accordance with 

the exception to the Administrative 

Procedure Act (APA) for procedural 

rules. The updated rule will become 

effective March 14, 2022. 

9. Finally, the Bureau finds no 

evidence of waste, fraud, or abuse is 

presented by waiving and extending the 

service delivery date to June 30, 2023. 

The Bureau emphasizes that the 

Commission is committed to guarding 

against waste, fraud, and abuse and 

ensuring that funds disbursed through 

the Emergency Connectivity Fund 

Program are used for their intended 

purposes to provide broadband 

connectivity and connected devices to 

students, school staff, and library 

patrons with unmet needs during the 

ongoing COVID–19 emergency period. 

Although the Bureau grants a waiver of 

and extends the service delivery date for 

the first and second application filing 

window funding requests for the 

Emergency Connectivity Fund Program, 

these actions do not affect the authority 

of the Commission or USAC to conduct 

audits or investigations to verify 

compliance with Emergency 

Connectivity Fund Program rules and 

requirements. 

III. Ordering Clauses 

10. Accordingly, it is ordered, 

pursuant to the authority contained in 

sections 1–4 and 254 of the 

Communications Act of 1934, as 

amended, 47 U.S.C 151–154 and 254, 

and §§ 0.91, 0.291, and 1.3 of the 

Commission’s rules, 47 CFR 0.91, 0.291, 

and 1.3, that 47 CFR 54.1711 of the 

Commission’s rules is waived to the 

extent provided herein. 

11. It is further ordered, that pursuant 

to § 1.102(b)(1) of the Commission’s 

rules, 47 CFR 1.102(b)(1), this Order 

shall be effective upon release. 

12. The amended rule adopted in this 

Order constitutes a rule of agency 

organization, procedure and practice 

and is not subject to the Administrative 

Procedure Act requirements. 

Accordingly, this amended rule is 

effective March 14, 2022. 

List of Subjects in 47 CFR Part 54 

Communications common carriers, 

Health facilities, Infants and children, 

internet, Libraries, Puerto Rico, 

Reporting and recordkeeping 

requirements, Schools, 

Telecommunications, Telephone, Virgin 

Islands. 

Federal Communications Commission. 

Cheryl Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division Wireline Competition Bureau. 

Final Rule 

For the reasons set forth above, the 

Federal Communications Commission 

amends 47 CFR part 54 as follows: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority for part 54 continues 

to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 155, 201, 

205, 214, 219, 220, 229, 254, 303(r), 403, 

1004, 1302, 1601–1609 and 1752 unless 

otherwise noted. 

■ 2. Amend § 54.1711 by revising 

paragraph (e) to read as follows: 

§ 54.1711 Emergency Connectivity Fund 

requests for reimbursement. 

* * * * * 

(e) Service delivery date. For the 

initial filing window set forth in 

§ 54.1708(b) and any subsequent filing 

windows covering funding for 

purchases made between July 1, 2021 

and June 30, 2022, the service delivery 

date for equipment, other non-recurring 

services, and recurring services is June 

30, 2023. 

[FR Doc. 2022–05242 Filed 3–11–22; 8:45 am] 

BILLING CODE 6712–01–P 


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