Major FCC E-rate Orders

Major FCC Orders

Name Order / Link
& Docket
Summary Release Date
FCC Opens Second E-Rate Application Window for Funding Year 2020 to Address Schools’ Additional On-Campus Bandwidth Needs Due to COVID-19

DA 20-1091

Docket 02-6

FCC opens a second FY 2020 application window to make available additional E-Rate funding to schools in FY 2020 to purchase additional bandwidth needed to meet the unanticipated and increased demand for on-campus connectivity resulting from the pandemic. Schools may submit an FCC Form 471 during the second FY 2020 application window requesting E-Rate discounts without initiating a new competitive bidding process for the requested services if the applicant: (1) already sought bids for the services by posting an FCC Form 470; (2) received a Funding Commitment Decision Letter from USAC approving a FY 2020 funding request for eligible category one Internet access and/or data transmission services that relied on that FCC Form 470, or has such a funding request pending; and (3) requests additional E-Rate discounts during the second application window to purchase additional bandwidth through the existing service provider or a new one. 9/16/2020
WCB Releases Results From Supply Chain Security Information Collection

DA 20-1037

Docket 18-89

FCC releases a list of Eligible Telecommunications Carriers that have reported the presence or use of Huawei or ZTE equipment and/or services in their networks, or in the networks of their affiliates or subsidiaries. 9/4/2020
Order

DA 20-1021

Docket 02-06

Extension of Waiver of Certain Gift Rules due to COVID-19 Emergency 9/3/2020
WCB and OMB Defer Form 470 Changes due to COVID-19 Public Notice

DA 20-598

Docket 13-184

Form 470 for FY 2021 will continue unchanged from the FY 2020 version of Form 470. Any changes will be deferred to FY 2022. 6/8/2020
Park Hill Appeal

DA 20-455

Docket 02-06

Clarification that E-Rate eligible entities may share self-provisioned networks supported by the E-Rate program with ineligible entities so long as the ineligible entities pay their fair share of the undiscounted costs associated with constructing and/or operating the network and that E-Rate eligible entities that elect to share their self-provisioned network with an ineligible entity bear the burden of demonstrating that the cost allocation method used to determine the ineligible entity’s fair share is reasonable.

4/20/2020
Order

DA 20-364

Docket 02-06

Waiver of Various E-rate filing deadlines due to COVID-19 Emergency 4/1/2020
Public Notice

DA 20-234

Dockets 02-6, 13-184

Community Use of E-rate Funded Networks Permitted On-Campus 3/23/2020
Order

DA 20-290

Docket 02-06

Waiver of Certain Gift Rules due to COVID-19 Emergency 3/18/2020
Public Notice

DA 20-273

Docket 02-06

Extended E-rate Filing Window Deadline by 5 Weeks to 4/29/2020 due to COVID-19 Emergency 3/13/2020
Permanent Elimination of Amortization Requirement Order

FCC 20-03

Dockets 13-184, 19-2

Permanent elimination of requirement to amortize special construction costs 1/27/2020
Category 2 Permanent Program Order

FCC 19-117

Docket 13-184

FCC makes permanent the Category 2 Budget approach, with modifications to administer budgets at the applicant billed entity level (not per building); establishing a set five year cycle that will begin next for FY 2021-FY 2025; sets budget multipliers and floors for entire 5 year period; modifies schools' ability to count part-time students in budget calculations. 12/3/2019
Modernizing Suspension and Debarment Rules NPRM

FCC 19-120

Docket GN 19-309

FCC seeks comment on changing the rules for suspension and debarment from the Universal Service Programs including E-rate, to conform to agency wide practices. 11/25/2019
FCC Form 470 Drop-Down Menu Public Notice

DA 19-986

Docket 13-184

WCB asks for public comment on improving the Form 470 Drop-down Menus for Category 1 and Category 2 10/1/2019
Public Notice re Fiber Overbuilding Petition

DA 19-493

Docket 02-06

Comment cycle and schedule on Texas Carriers' Petition for Rulemaking on fiber overbuilding 5/30/2019
E-Rate Improper Service Delivery Deadline Order

DA 19-128

Docket 02-06

WCB directs USAC to extend deadlines for E-rate applicants affected by application and invoicing system errors arising from EPC assigning incorrect service implementation deadline for special construction. 2/27/2019
Wireline Competition Bureau Category 2 Budgets Report

DA 19-71

Docket 13-184

Assessment of first pilot period of Category 2 funding caps prepared by Wireline Competition Bureau. Pilot program is a success and resulted in more applicants receiving more C2 funding than in prior years. 2/11/2019
Category 2 NPRM

FCC 19-5

Docket 13-184

FCC NPRM seeking comment on whether to make C2 budget program permanent and what changes and improvements should be adopted. 1/31/2019
Florida DMS Invoice Deadline Waiver Order

DA 18-1101

Docket 02-06

Invoice deadline waiver for applicants affected by Hurricane Michael 10/26/2018
California DOE Petition re wildfires

DA 17-1192

Docket 02-06

Comments invited on Petition of California DOE for E-rate relief arising from wildfires 12/11/2017
Natural Disaster Relief

FCC 17-139

Docket 02-06

Special filing window and resetting of C2 budgets for applicants directly and indirectly affected by Hurricanes 10/30/2017
Hurricane Relief Waiver of Deadlines

DA 17-984

Docket 02-06

Waived deadlines and regulations for schools, libraries and health care providers affected by Hurricanes Harvey, Irma and Maria 10/6/2017
Request for Comments re Category 2 Budget Pilot Program

DA 17-921

Docket 13-184

Comments invited on stakeholders' experience with Category 2 budget pilot program 9/22/2017
One Time Invoice Deadline Extension Due to Technical Difficulties

DA 16-1234

Docket 02-06

Invoice deadline extension to 10/31/2016 from 10/28/2016 due to technical issues with filing system 10/28/2016
Microsoft & Boulder Valley Petitions PN

DA 16-1051

Dockets 02-6, 13-184, 10-90

Comments invited on petitions filed by Boulder Valley SD and Microsoft to offer off campus Internet access at no extra cost and to alleviate the cost allocation requirement for off campus Internet usage. 9/19/2016
FCC Fiber Workshop Final Agenda

DA 15-557

Docket 13-184

Agenda and participants for May 20, 2015 FCC E-rate Fiber workshop 5/8/2015
FCC Fiber Workshop Announcement

DA 15-435

Docket 02-06

PN to announce May 20, 2015 scheduled for FCC E-rate Fiber workshop 4/8/2015
Second E-Rate Modernization Order

FCC 14-189

Dockets 13-184, 10-90

Extends C2 Budgets for 5 years; dark fiber and self provisioned networks including equipment to make broadband functional fully eligible if the most cost effective solution; waiver of amortization of special construction 12/19/2014
E-rate Staff Report PN

DA-14-1177 Public Notice

Docket 13-184

PN to announce release of Staff Report and maps of fiber connectivity to schools and libraries (map hyperlinks no longer active) 8/12/2014
E-rate Staff Report

DA 14-1177 Staff Report

Docket 13-184

Staff report to help stakeholders and the public navigate the large and data-intensive record and respond to the FNPRM on modernization and summarize the changes the Commission adopted to E-rate funding of category two services. 8/12/2014
First E-Rate Modernization Order

FCC 14-99

Docket 13-184

Fundamental reform of E-rate to be broadband based program and Category 2 budgets; Phase-out of Voice Services; Eligibility of Dark Fiber 7/23/2014
Bundled Handset Order

DA 14-712

Dockets 02-6, GN 09-51

Cost allocation of all non-ancillary ineligible components of a bundle service (including cell phone and VoIP handsets) is required. 5/23/2014
E-rate Workshop Agenda PN

DA 14-563

Docket 13-184

May 6, 2014 workshop on E-rate modernization announcement and agenda 4/29/2014
IMLS Request for Item 21 Data

DA 14-522

Docket 13-184

IMLS request for Item 21 and FRN data for policy analysis and research 4/18/2014
E-rate Workshop Agenda PN

DA 14-495

Docket 13-184

Scheduling of workshop on E-rate modernization 4/14/2014
Request for Comments on Certain Modernization Issues

DA 14-308

Docket 13-184

After review of initial comments, FCC Staff issued a PN seeking comments on specific focused issues relating to E-rate modernization. 3/6/2014
Queen of Peace

DA 11-1991

Docket 02-06

Clarification that the Commission’s competitive bidding rules prohibit applicants from including a particular manufacturer’s name, brand, product or service in an FCC Form 470 or RFPs unless they also use the words “or equivalent” in such a description.

12/7/2011
Baltimore City

DA 11-1368

Docket 02-06

Rules that applicants may use a multi-tiered vendor selection process when evaluating bids, but ultimately, price must be the primary factor in selecting a qualified vendor. Specifically, applicants may use the first tier of a multi-tiered evaluation process to assess whether a proposal satisfies minimum technical capabilities, such as the scope of or quality of service, to ensure that the proposal is responsive to the RFP. This tier may be evaluated on a pass-fail basis or it may be scored numerically, where a minimum score is required to advance to the next phase of the evaluation process. Applicants may use the second tier of the evaluation process to examine price and other criteria. Consistent with state and local procurement requirements, any applicant using a multi-tiered process would provide notice - in either its FCC Form 470 or its RFP - to all potential bidders as to the specific criteria to be evaluated in each tier, how those criteria will be scored, which criteria will be used as disqualification criteria, and the circumstances under which bidders will be disqualified from further consideration. Price must be weighted the highest among each of the evaluation criteria in a multi-tiered vendor selection process, consistent with the Commission's rules.

8/11/2011
Children's Internet Protection Act (CIPA) Report and Order

FCC 11-125

Docket 02-6, GN 09-51

Establishes rules to implement online safety education and cyberbully requirements applicable to schools receiving Internet or C2 E-rate funding 8/11/2011
Sixth Report and Order in CC 02-6

FCC 10-175

Dockets 02-6, GN 09-51

Allows dark fiber to be partially eligible; indexes E-rate funding to annual inflation adjustment; pilot for off campus Internet access; eliminates technology plan; clarifies disposal of obsolete equipment; clarifies competitive bidding requirements; adopts gift rule restrictions for E-rate participants. 9/28/2010
Macomb ISD

FCC 07-64

Docket 02-06

Eligibility of services sought from multiple service providers when additional bids are not the most cost-effective

5/8/2007
Bishop Perry

FCC 06-54

Docket 02-6


Grants appeals of SLD decisions denying funding due to certain clerical or ministerial errors in the application, i.e., a failure to timely file an FCC Form 471, a failure to timely file a certification related to an FCC Form 470, or a failure to comply with minimum processing standards.

Directs USAC to provide all future and pending applicants with a 15-day opportunity to cure any ministerial or clerical errors on their FCC Form 470, FCC Form 471, or associated certifications and to develop targeted outreach procedures designed to better inform applicants of application procedures.

5/19/2006
Hurricane Katrina Relief Order

FCC 06-23

Docket 02-6


Extends the filing window for Funding Year 2006 (FY2006) until September 30, 2006, and waives the two-in-five rule for FY2006 for schools and libraries in Louisiana, Mississippi, and Alabama that were directly affected by Hurricane Katrina.

3/1/2006
Schools and Libraries Universal Service Support Mechanism, Fifth Report and Order

FCC 04-190

Docket 02-6

Sets framework regarding what amounts should be recovered by USAC and the Commission when funds have been disbursed in violation of specific statutory provisions and FCC rules.

Announces policy regarding the timeframe in which USAC and the FCC will conduct audits or other investigations relating to use of E-rate funds.

Eliminates the current option to offset amounts disbursed in violation of the statute or a rule against other funding commitments.

Extends red light rule previously adopted pursuant to the Debt Collection Improvement Act (DCIA) to bar beneficiaries or service providers from receiving additional benefits under the schools and libraries program if they have failed to satisfy any outstanding obligation to repay monies into the fund.

Adopts a strengthened document retention requirement to enhance ability to conduct all necessary oversight and provide a stronger enforcement tool for detecting statutory and rule violations.

Modifies current requirements regarding the timing, content and approval of technology plans.

Amends beneficiary certification requirements.

Directs USAC to submit a plan for timely audit resolution, and delegates authority to WCB Chief to resolve audit findings.

Directs USAC to submit on an annual basis a list of all USAC administrative procedures to WCB for review.

8/13/2004
Schools and Libraries Universal Service Support Mechanism, Order on Reconsideration and Fourth Report and Order

FCC 04-181

Dockets 96-45, 97-21, 02-6

Denial of funding upheld where applicants chose the a provider without seeking bids on any of the prices of the specific E-rate funded services sought. Most of the applicants also submitted FCC Forms 470 expressing interest in purchasing a catalogue of services. 7/30/2004
Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further NPRM

FCC 03-323

Docket 02-6

Adopts 2 in 5 rule for internal connections

Generally prohibits equipment transfers within 3 years of date of purchase

Codifies Eligible Services List and provides public comment period

Codifies cost allocations procedures

Codifies free service prohibition

Codifies service substitution procedure

Adopts carryforward rules for prior years' unused funds

12/23/2003
Children’s Internet Protection Act Implementation Order

FCC 03-188

Docket 96-45

Implements requirements of CIPA 7/24/2003
Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further NPRM

FCC 03-101

Docket 02-6

Educational Purpose defined as activities that are integral, immediate, and proximate to the education of students, or in the case of libraries, integral, immediate, and proximate to the provision of library services to library patrons, qualify as educational purposes under this program. Presumption that activities that occur in a library or classroom or on library or school property are integral, immediate, and proximate to the education of students or the provision of library services to library patrons.

Duplicative service are prohibited from being funded and are defined as services that provide the same functionality for the same population in the same location during the same period of time.

30% Policy is codified: If 30 percent or more of the request seeks discounts for ineligible services, the Administrator will deny the funding request in its entirety.

Adopt a rule requiring service providers to give applicants the choice each funding year either to pay the discounted price or to pay the full price and then receive reimbursement through the BEAR process.

Time for filing appeal is expanded from 30 to 60 days.

Suspension and debarment procedures enacted.

4/29/2003
Kalamazoo Appeal Decision

DA 02-2975

Docket 02-6

Applicants who may have already signed a contract without first having posted a Form 470 may then later post a Form 470 and consider the existing contract as one of the bid responses. If the bid evaluation results conclude that the existing contract is the most cost effective option, the applicant is not required to sign a new contract but should memorialize their decision to continue the service and enter the date of this memorialization as the contract award date on their Form 471 application.

11/4/2002
Schools and Libraries Universal Service Support Mechanism, First Report and Order

FCC 02-175

Docket 02-6

Unused funds will be used to stabilize or reduce universal service contributions for the third and fourth quarters of 2002, and first quarter 2003. Thereafter, any unused funds shall be carried forward to increase disbursements to schools and libraries in subsequent years. 6/13/2002
Notice of Proposed Rule Making and Order

FCC 02-8

Docket 02-6

  1/25/2002
Alaska Waiver Order

FCC 01-350

Docket 02-6

Allows members of rural remote communities in Alaska, where there is no local or toll-free dial-up Internet access, to use excess service for the community during non-school hours subject to certain conditions.

12/3/2001
MasterMind Waiver Order

FCC 00-260

Docket 02-6

Affected applicants that were innocently affected by wrongdoing committed by a service provider were permitted to re-file their 470 and 471 applications for the requested services with the applicable deadlines being waived.

8/11/2001
Project Interconnect Appeal

DA 01-1620

Docket 02-6

SLD has authority to require LOAs from consortium members.

7/11/2001
Federal-State Joint Board on Universal Service, Report and Order

FCC 01-195

Docket 96-45

Gives additional time to implement contracts or agreements with service providers for non-recurring services; extends the deadline for receipt of non-recurring services from June 30, to September 30 following the close of the funding year. 6/29/2001
Children's Internet Protection Act Order

FCC 01-120

Docket 96-45

Implementation of requirements of Children's Internet Protection Act 4/5/2001
Service Substitution Order

DA 01-387

Docket 02-6

SLD should grant service change requests for a substitute service or product where (1) that service or product has the same functionality; (2) the substitution does not result in an increase in price; (3) the substitution does not violate any contract provisions or state or local procurement laws; and (4) the substitution does not result in an increase in the percentage of ineligible services or functions; requires the applicant's request for a service change to include a certification that the requested change in service is consistent with the controlling Form 470 and Request For Proposal (RFP) for the original services.

2/14/2001
Federal-State Joint Board on Universal Service, Order on Remand

FCC 00-449

Docket 96-45

Ruling that Iowa Communications Network is a telecommunications carrier and qualifies to receive E-rate discounts on telecommunications services 12/26/2000
Federal-State Joint Board on Universal Service, Order

FCC 00-350

Dockets 97-21,  96-45

Approval of USAC COMAD Recovery Plan 10/26/2000
MasterMind Order

FCC 00-167

Docket 02-6

Concludes that having a service provider employee listed as the contact person on the FCC Form 470 that initiated a competitive bidding process in which that provider participated makes the Form 470 defective and violates competitive bidding requirements

5/23/2000
Permanent Extension Order

DA 99-3013

Docket 96-45

Year 1 Extension Order of September 30, 1999 Deadline for Installation of Non-recurring Services

180 day extension of the 9/30/1999 service delivery deadline for non-recurring service was provided under four circumstances: (1) applicants whose Year One funding requests were granted late in the funding year, or after the funding year had ended, pursuant to a favorable decision on a request for review; (2) applicants for whom valid Year One service provider changes were approved by the Universal Service Administrative Company (USAC or the Administrator) late in the funding year, or after the funding year had ended; and (3) applicants for whom disbursements of Year One discounts were temporarily delayed.

12/28/1999
Order

FCC 99-292

Dockets 97-21, 96-45

One-time waiver of rules during first year of program to alleviate need to recoup funding disbursed in error where there was no statutory violation. 10/8/1999
Initial COMAD Order

FCC 99-291

Dockets 97-21, 96-45

COMAD order to recoup funding disbursed in error and in violation of statute 10/8/1999
Order

DA 99-1773

Docket 96-45

Clarifies that schools and libraries that have signed contracts based on service requests that have been posted on the School and Library Division (SLD) website may exercise renewal terms in the original contract without any further posting; also, schools and libraries that are considering renewal provisions of contracts that were not based on service requests previously posted on the SLD website must submit service requests for posting before renewing those existing contracts.

FCC does not require that schools and libraries undertake a fresh new bidding process if they find renewal of the existing contracts to be in their best interests after considering the results of that posting.

9/1/1999
Tennessee Appeal Decision

FCC 99-216

Docket 02-6

Establishes the principle of end-to-end leased Internet service and on-premise Priority 1 equipment. Clarifies that applicants should have the flexibility to select different levels of service, to the extent such flexibility is consistent with that school's technology plan and ability to pay for such services, but, when selecting among comparable services, a school should be guided by price in its selection. Even among bids for comparable services, however, this does not mean that the lowest bid must be selected. Price, however, should be carefully considered at this point to ensure that any considerations between price and technical excellence (or other factors) are reasonable.

8/11/1999
Federal-State Joint Board on Universal Service, Twelfth Order on Reconsideration

FCC 99-121

Docket 96-45

Sets collections for E-rate at the $2.25 billion cap for 3Q and 4Q 1999 and 1Q and 2Q 2000 5/28/1999
Federal-State Joint Board on Universal Service, Eleventh Order on Reconsideration

FCC 99-49

Dockets 97-21, 96-45

Clarifies rules of priority when funding demand exceeds available funds for E-rate 5/28/1999
Federal-State Joint Board on Universal Service, Tenth Order on Reconsideration FCC 99-46

Docket 96-45

Allows non-recurring FRNs to be installed by 9/30 following the end of the funding year. Any contract that expired prior to 6/30/1999 could be extended to that date and would be eligible to receive E-rate discounts. 4/2/1999
Federal-State Joint Board on Universal Service, Eighth Order on Reconsideration

FCC 98-306

Dockets 97-21, 96-45

Merges three separate administrator corporations into one corporation (USAC) with divisions for high cost/low income, schools and libraries and rural health care, effective 1/1/1999. 11/20/1998
Federal-State Joint Board on Universal Service, Seventh Order on Reconsideration FCC 98-247 Delays start of 471 window from 10/1/98 to 12/1/98. 9/29/1998
Order

DA 98-1581

Docket 96-45

Lowest Corresponding Price Clarification:

Although the Commission disagreed with the general assertion that LCP should not reflect expired tariffs, the Commission did not expressly preempt state laws governing what rates may lawfully be offered to eligible schools and libraries. In the absence of such an expressly stated intention to preempt, we conclude that the Commission did not intend to require carriers to base the lowest corresponding rate on rates that may not lawfully be offered under state law. Thus, we interpret the Fourth Reconsideration as requiring only that rates that may be offered consistent with state law must be made available as the lowest corresponding price.

8/7/1998
Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order

FCC 98-120

Docket 96-45

Changed the E-rate funding cycle to July 1 through June 30; first year will be 18 months from 1/1/98 through 6/30/99; all contracts with expiration date of 12/31/98 may be extended voluntarily to 6/30/99; quarterly collection of $325 million for E-rate for third and fourth quarter 1998 and first and second quarters of 1999; and any unused funds will not be carried forward into future funding years; established rules of priority of funding when funding requests exceed demand. 6/22/1998
Federal-State Joint Board of Universal Service, Fourth Order on Reconsideration

FCC 97-420

Docket 96-45

Lowest Corresponding Price Clarification:

Special pricing is not considered and required to be matched; affirms technology plan requirement as not unduly burdensome.

Eliminates requirement that RFPs must be posted on SLD web site.

State networks can apply on behalf of applicant school and libraries as a consortia; or they can serve as a vendor and receive reimbursements for providing internal connections and Internet but not telecommunications services.

Internal connections are limited to instructional buildings.

A contract of any duration signed on or before July 10, 1997 will be considered an existing contract and exempt from the competitive bid requirement for the life of the contract.

Adopts cardinal change doctrine for minor contract modifications that are exempt from competitive bidding requirement.

Confirms that master contracts negotiated by a third party may be used for E-rate purchases; either the third party entering into the master contract must have complied with the E-rate competitive bidding rules before signing the master contract or the eligible entity must comply with the E-rate competitive bidding requirement in order to use the master contract.

12/30/1997
Federal-State Joint Board on Universal Service, Third Order on Reconsideration

FCC 97-411

Docket 96-45

Revised amount of USF contribution to be collected for E-rate program, set to $625 M for first six months of 1998 12/16/1997
Federal-State Joint Board on Universal Service, Erratum to First Report and Order

DA 97-2477

Dockets 96-45, 97-21

Technical corrections to the First Report and Order 12/3/1997
Federal-State Joint Board on Universal Service, Second Order on Reconsideration in CC 97-21

FCC 97-400

Dockets 97-21, 96-45

  11/26/1997
Federal-State Joint Board on Universal Service, Third Report and Order

FCC 97-380

Docket 96-45

Adopts a filing window period that begins on the date that the Schools and Libraries Corporation begins to receive applications for support; SLC will determine the length of the window and administer rules of priority. 10/14/1997
Federal-State Joint Board on Universal Service, Report and Order & Second Order on Reconsideration

FCC 97-253

Dockets 97-21, 96-45

Appointed NECA as temporary USF administrator, created USAC Board and functions, Schools and Libraries Corporation, Rural Health Care Corporation, Board Committees 7/18/1997
Federal-State Joint Board on Universal Service, First Order on Reconsideration

FCC 97-246

Docket 96-45

Contracts signed on or after 11/8/1996 and before the competitive bidding system is operational are exempt from competitive bidding requirement but only if the contract ends by 12/31/1998.

No discounts may be received for services provided prior to 1/1/1998.

7/10/1997
Federal-State Joint Board on Universal Service, First Report and Order

FCC 97-157

Docket 96-45

Initial Report and Order to establish rules and regulations for universal service programs arising from Telecommunications Act of 1996, including E-rate program 5/8/1997
Federal-State Joint Board on Universal Service, Recommended Decision

FCC 96J-3

Docket 96-45

Federal and State Commissioners' Recommended Decision to Implement Universal Service Provisions of the Telecommunications Act of 1996 including the E-rate Program 11/8/1996
The Telecommunications Act of 1996 Telecomm 1996   2/2/1996

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