41408 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–93; DA 21–881; FR ID 

40821] 

Wireline Competition Bureau Sets 

Service Delivery Date for Emergency 

Connectivity Fund Program Initial 

Application Filing Window and 

Modifies Funding Application 

Certification Language 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau (Bureau) 

establishes a June 30, 2022, service 

delivery date for equipment and other 

non-recurring services funding requests 

filed during the initial application filing 

window of the Emergency Connectivity 

Fund Program, if the equipment or 

services have not been received at the 

time the funding request is made. The 

Bureau also modifies the certification 

language of the Commission’s rules to 

clarify that applicants may request 

funding for eligible equipment and 

services that have not yet been ordered 

for the upcoming school year (i.e., July 

1, 2021 through June 30, 2022). 

DATES: Effective August 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Johnnay Schrieber, Wireline 

Competition Bureau, (202) 418–7400 or 

by email at Johnnay.Schrieber@fcc.gov. 

The 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 Commission’s Public 

Notice in WC Docket No. 21–93; DA 21– 

881, released July 22,2021. 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/edocs/searchresults?t=quick&fccdaNo=21-881. 

SYNOPSIS 

1. By this Public Notice, the Wireline 

Competition Bureau (Bureau) 

establishes a June 30, 2022 service 

delivery date for equipment and other 

non-recurring services funding requests 

filed during the initial application filing 

window of the Emergency Connectivity 

Fund Program, if the equipment or 

services have not been received at the 

time the funding request is made. The 

Bureau also modifies the certification 

language for § 54.1710(a)(1)(x) of the 

Commission’s rules to clarify that 

applicants may request funding for 

eligible equipment and services that 

have not yet been ordered for the 

upcoming school year (i.e., July 1, 2021 

through June 30, 2022). 

2. As part of the American Rescue 

Plan Act of 2021, Congress appropriated 

$7.171 billion to the Federal 

Communications Commission 

(Commission) to promulgate rules 

providing for the distribution of funding 

from the Emergency Connectivity Fund 

to eligible schools and libraries for the 

purchase of eligible equipment and/or 

advanced telecommunications and 

information services for use by students, 

school staff, and library patrons at 

locations that include locations other 

than a school or library. On May 10, 

2021, the Commission issued a Report 

and Order, 86 FR 29136, May 28, 2021, 

establishing the Emergency 

Connectivity Fund Program to 

administer the $7.171 billion in 

congressionally appropriated funding. 

The Commission and the Universal 

Service Administrative Company 

(USAC) opened a 45-day Emergency 

Connectivity Fund application filing 

window on June 29, 2021, which will 

close on August 13, 2021. During this 

initial filing window, applicants may 

request funding for eligible equipment 

and services that will be received or 

delivered between July 1, 2021, and 

June 30, 2022. 

3. Service Delivery Date. The 

Commission established an invoice 

filing deadline rule for the Emergency 

Connectivity Fund Program in the 

Report and Order. Section 54.1711(d) 

provides that ‘‘[i]nvoices must be 

submitted to the Administrator within 

60 days from the date of the funding 

commitment decision letter; a revised 

funding commitment decision letter 

approving a post-commitment change or 

a successful appeal of previously denied 

or reduced funding; or service delivery 

date, whichever is later.’’ However, for 

non-recurring services or equipment to 

be funded through the initial window of 

the Emergency Connectivity Fund 

Program, the service delivery date may 

not be known at the time the applicant 

submits the funding request. In order to 

streamline and simplify the application 

and invoicing processes, and pursuant 

to the Bureau’s authority to provide 

additional detail and specificity to the 

requirements of the Emergency 

Connectivity Fund Program in 

consultation with the Office of the 

Managing Director, and for purposes of 

establishing the deadline for the 

submission of invoices, the Bureau 

establishes June 30, 2022, as the service 

delivery date for equipment and other 

non-recurring services funding requests 

if the equipment or services have not 

been ordered or received when the 

applicant submits the funding request. 

As such, applicants may use June 30, 

2022, as the ‘‘service end date’’ in the 

funding request where indicated in the 

Emergency Connectivity Fund Program 

application portal, and the invoicing 

deadline for these non-recurring 

services and equipment will be 60 days 

from the date of the funding 

commitment decision letter; a revised 

funding commitment decision letter 

approving a post-commitment change or 

a successful appeal of previously denied 

or reduced funding; or August 29, 2022 

(i.e., 60 days after June 30, 2022), 

whichever is later. Adopting a uniform 

service delivery date for equipment and 

other non-recurring services will 

provide certainty for these applicants 

and allow USAC to provide an invoice 

filing deadline to applicants at the time 

it provides the funding commitment 

letter. 

4. Clarification to Section 

54.1710(a)(1)(x). In the Report and 

Order, the Commission adopted, and 

codified at § 54.1710(a)(1), the 

certifications that applicants must 

include on their funding applications. 

Section 54.1710(a)(1)(x) requires 

applicants to certify that ‘‘[t]he 

applicant or the relevant student, school 

staff member, or library patron has 

received, or the applicant has ordered 

the equipment and services for which 

funding is sought.’’ As explained above, 

the current Emergency Connectivity 

Fund Program application filing 

window is for prospective purchases of 

eligible equipment and services made 

between July 1, 2021, and June 30, 2022. 

Therefore, it is possible that applicants 

may not have ordered the requested 

equipment and services at the time they 

are submitting their applications for 

funding through the Emergency 

Connectivity Fund Program. To address 

this circumstance, the Bureau modifies 

§ 54.1710(a)(1)(x) to require applicants 

to certify that: ‘‘[t]he applicant or the 

relevant student, school staff member, 

or library patron has received, or the 

applicant has ordered or will order, the 

equipment and services for which 

funding is sought.’’ This clarification 

conforms the certification to the 


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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations 41409 

requirement set forth in the Report and 

Order that eligible equipment and 

services funded through the initial 

application filing window must be 

provided or delivered between July 1, 

2021, and June 30, 2022, and permits 

the certification required by the 

applicant or service provider at the 

invoicing stage that the equipment and 

services have been received or ordered. 

5. These two procedural rule changes 

for the Emergency Connectivity Fund 

Program, and the updated rules will 

become effective upon publication in 

the Federal Register. 

6. Additional Information. For more 

information about the Emergency 

Connectivity Fund Program, please refer 

to the Commission’s website at https:// 

www.fcc.gov/emergency-connectivityfund. 

List of Subjects in 47 CFR Part 54 

Communications common carriers, 

internet, Libraries, Reporting and 

recordkeeping requirements, Schools, 

Telecommunications 

Federal Communications Commission 

Cheryl Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division, Wireline Competition Bureau. 

Final Rules 

For the reasons set forth above, part 

54 of title 47 of the Code of Federal 

Regulations is amended 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, and 1601–1609, unless otherwise 

noted. 

■ 2. Amend § 54.1710 by revising 

paragraph (a)(1)(x) to read as follows: 

§ 54.1710 Emergency Connectivity Fund 

requests for funding. 

(a) * * * 

(1) * * * 

(x) The applicant or the relevant 

student, school staff member, or library 

patron has received, or the applicant has 

ordered or will order, the equipment 

and services for which funding is 

sought. 

* * * * * 

■ 3. Amend § 54.1711 by adding 

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), the service delivery date 

for equipment and other non-recurring 

services if the equipment or services 

have not been received or ordered when 

the applicant submits the request for 

funding is June 30, 2022. 

[FR Doc. 2021–16361 Filed 7–30–21; 8:45 am] 

BILLING CODE 6712–01–P 


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