Emergency Connectivity Fund Program

 

In section 7402 of the American Rescue Plan Act (Act), Congress established a $7.171 billion Emergency Connectivity Fund (ECF) in the U.S. Treasury and directed the Federal Communications Commission (FCC or Commission) not later than 60 days after enactment of the Act to promulgate rules providing for the distribution of ECF support 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 including locations other than a school or library. On May 10, 2021, the FCC adopted a Report and Order entitled Establishing the Emergency Connectivity Fund to Close the Homework Gap, WC Docket No. 21-93, Report and Order, FCC 21-58 (2021) (Report and Order). The Report and Order established the Emergency Connectivity Fund Program (ECF Program), which is funded through the ECF. The ECF Program rules became effective upon publication of the Report and Order in the Federal Register on May 28, 2021. ECF Program support was first made available to eligible schools and libraries applying for funds for the purchases of eligible equipment, including Wi-Fi hotspots, modems, routers, and connected devices, as well as advanced telecommunications and information services, to meet the remote learning needs of students, school staff, and library patrons who would otherwise lack access to connected devices and/or broadband connections sufficient to engage in remote learning during the 2021-2022 school year. On April 28, 2022, the FCC opened the third and final application filing window, during which eligible schools and libraries were able to submit requests for funding to purchase eligible equipment and up to 12 months of recurring services to be provided between July 1, 2022, and December 31, 2023 for students, school staff, and library patrons with unmet needs. Because demand exceeded available funds, applications received during the third filing window will be prioritized to fund schools and libraries with the greatest need first, with a preference for schools and libraries located in rural areas pursuant to the Commissions rules.

Active 32.009 Federal Communications Commission (Fcc) C - Direct Payments For Specified Use Fiscal Year 2023 The ECF Program has approved applications and committed funding and continues to review pending applications to commit funding to eligible schools and libraries applying for funds for purchases of eligible equipment, including Wi-Fi hotspots, modems, routers, and connected devices, as well as advanced telecommunications and information services, to meet the remote learning needs of students, school staff, and library patrons who would otherwise lack access to connected devices and broadband connections sufficient for remote learning during the upcoming school year. The program started receiving invoices and disbursing funding in Fiscal Year 2022. Public Law 117-2
Not later than 60 days from the date of the enactment of the American Rescue Plan Act, the FCC was required to promulgate regulations providing for the provision, from amounts made available from the Emergency Connectivity Fund, of support under paragraphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) to an eligible school or library, for the purchase during a COVID-19 emergency period of eligible equipment or advanced telecommunications and information services (or both), for use by: (1) in the case of a school, students and staff of the school at locations that include locations other than the school; and (2) in the case of a library, patrons of the library at locations that include locations other than the library. The statute requires that in providing said support, the FCC must “reimburse 100 percent of the costs associated with the eligible equipment, advanced telecommunications and information services, or eligible equipment and advanced telecommunications and information services, except that any reimbursement of a school or library for the costs associated with any eligible equipment may not exceed an amount that the Commission determines, with respect to the request by the school or library for the reimbursement, is reasonable.” American Rescue Plan Act, 2021, H.R. 1319, Public Law 117-2, 117th Cong., tit. VII, § 7402 (2021). All schools, libraries, and consortia of schools and libraries that are eligible for support under the schools and libraries universal service support mechanism (also known as the E-Rate Program) are eligible to request and receive support through the ECF Program. The Program uses the same definitions of "elementary school," "secondary school," "library," and "library consortium" used in the E-Rate rules. Consistent with the Library Services and Technology Act (LSTA), Tribal libraries which are by statute eligible for support from state library administrative agencies under the LSTA, are eligible for support from the Fund. Not applicable. For the information collections required under the ECF Program, the FCC requested and has received emergency authorization from the Office of Management and Budget (OMB) for a new information collection entitled "Establishing the Emergency Connectivity Fund Program" (OMB Control No. 3060-1286) on May 20, 2021.3060-1286) on May 20, 2021. The information collection (OMB Control No. 3060-1286) was subsequently extended without change by OMB on October 26, 2021 and will expire on October 31, 2024, if not renewed. The following forms are required: ECF Form 471 (program application form): Emergency Connectivity Fund - Description of Services Requested and Certification, ECF Forms 472 or 473 (applicant and service provider reimbursement request forms): Emergency Connectivity Fund Program Request for Reimbursement ; and Emergency Connectivity Fund Post-Commitment Change Request. Program applicants must file an application form (ECF FCC Form 471) to provide information for program reviewers to determine whether the applicant's funding request meets program requirements and is eligible to receive a funding commitment. Requests must be made by eligible entities, for eligible services and equipment, to be used at eligible locations, and for eligible purposes according to ECF Program rules and the requirements of the ECF Program order (FCC 21-58). Eligibility to receive funding commitments from the ECF Program is based on an applicant's submission of required information and certifications. To implement the program prohibition on requesting or receiving duplicative funding, applicants will be required to provide certifications on ECF Program forms that they are not seeking support or reimbursement for eligible equipment or services that have been purchased and reimbursed with other federal funding (e.g., CARES Act, Emergency Broadband Benefit Program; targeted state funding; other external sources of targeted funding; or eligible for discounts through the E-Rate or other Universal Service Fund (USF) programs). Because the ECF Program is targeting unmet needs, schools and libraries must provide certifications on their funding applications that they are seeking support for eligible equipment and services to be provided to students, school staff, and library patrons who would otherwise lack access to connected devices and/or broadband services sufficient to engage in remote learning. Libraries must also receive from patrons a signed statement that the patron would otherwise lack access to equipment or services sufficient to meet the patron's educational needs if not for the use of the equipment or services provided by the library. Other required program certifications target the issues of Children's Internet Protection Act (CIPA) compliance, compliance with state, local and Tribal procurement requirements, service provider payment verifications, eligibility of equipment and services and that they have been received/delivered prior to invoicing, and the maintenance of asset inventories (applicants are required to maintain asset and service inventories). An applicant's filing and subsequent funding commitment(s) does not guarantee that the applicant will receive an ECF Program reimbursement. Applicants and service providers who agree to invoice on behalf of applicants must file all required invoicing forms (ECF Forms 472 or 474), supporting documentation, and certifications to receive reimbursement. ECF applicants who only use the service provider invoicing (SPI) method and do not receive any direct disbursements are not required to register in SAM.gov or obtain a unique entity identifier (UEI) number. ECF applicants and service providers who invoice through the billed entity applicant (BEAR) or SPI invoice methods are required to register in SAM.gov and obtain a UEI number to receive direct disbursements through the programs. Preapplication coordination is not applicable. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. To clarify the statement above, only Subpart A- Acronyms and Definitions, Subpart B- General Provisions, Subparts C-D (specifically 2 CFR ? 200.203 - Requirement to provide public notice of Federal financial assistance programs; 2 CFR ? 200.303 Internal controls; and 2 CFR ?? 200.331-333 Subrecipient Monitoring and Management); and Subpart F - Audit Requirements apply to this program. The first and second application filing windows allowed eligible schools and libraries to submit requests for funding to purchase eligible equipment and services received or delivered between July 1, 2021 and June 30, 2022. For the third application filing window, eligible schools and libraries were able to submit requests for funding to purchase eligible equipment and up to 12 months of recurring services to be provided between July 1, 2022, and December 31, 2023. There is not a separate FCC-mandated competitive bidding process required for applicants prior to submitting applications for funding. However, in their applications, applicants must certify that they have complied with all applicable local, state, and Tribal procurement requirements with respect to both previous purchases and future purchases and contracts. This requires schools and libraries that are not subject to public procurement rules to follow their own procurement process and rules, such as those that may be included in a written charter. Each applicant seeking funding is required to file all required forms, information, and certifications in the ECF Program Portal. The Act provides that USAC, the administrator of all of the FCC's Universal Service Fund (USF) programs, is to administer the regulations adopted pursuant to section 7402, under the oversight of the Commission. After their applications undergo an ECF Program review, applicants will receive Funding Commitment Decision Letters providing the amount of their funding commitments or denying their applications. Approved funding decisions authorize 100 percent reimbursement of the reasonable costs of eligible services and equipment up to caps on certain equipment or services named in the FCC's Report and Order. The FCC adopted per-device caps based on a reasonable support amount, up to which an applicant may receive support. For connected devices, the reasonable, maximum support amount is $400 per device. The FCC adopted $250 as the reasonable, maximum reasonable support amount for a Wi-Fi hotspot provided to a student, school staff member, or library patron, based on advertised costs for Wi-Fi hotspots. If demand should exceed available funds, the FCC will prioritize requests for that application filing window based on applicants' E-Rate Program discount matrix for category one services, adjusted to provide a five percent boost for rural schools and libraries. The E-Rate Program discount matrix governs the amount of funding eligible schools, libraries, and consortia are eligible to receive based on the percent of students in the school district eligible for the National Free and Reduced School Lunch Program and whether the entity is located in a rural or urban area. Those schools and libraries entitled to a higher discount will be prioritized and receive funding ahead of those entitled to a lower discount rate in the event there is insufficient funding to meet demand. The application filing windows to apply for program funding are now closed. The FCC has not set a specific date range for funding decisions but has set ECF Program targets to encourage efficient distribution of funding. It set targets for USAC to issue funding decision commitment letters for 50% of the workable applications within 60 days of the close of the first application window and 70% of the workable applications within 100 days of the close of the first application filing window. The term "workable application" refers to a funding request that is filed timely and is complete, with all necessary information, to enable a reviewer to make the appropriate funding decision, and the associated applicant, provider, and any consultants are not subject to investigation, audit, or other similar reason for delay in a funding decision. This is consistent with the way the term is currently used in the E-Rate Program. The Commission issued the first wave of ECF Program funding commitments for over $1.2 billion on September 24, 2021. The Commission has continued to issue ECF Program commitment waves on a rolling basis and will continue to do so until all funding commitment decisions are made for the applications that can be funded, in light of demand exceeding available funds during the third application filing window. An appeal of an ECF Program decision or request for waiver of the ECF Program rules must be filed within 30 days of the date of an action or decision by USAC. Decisions made by the Wireline Competition Bureau (WCB) on delegated authority may be appealed to the full Commission if they are submitted within 30 days of the date of WCB's decision. Not applicable. Not applicable. ECF Program support reimburses 100 percent of the reasonable costs associated with the purchase of eligible equipment, advanced telecommunications and information services, or eligible equipment and advanced telecommunications and information services, subject to certain program caps on services and devices. Program applicants may only seek support and claim reimbursement for support according to the ECF Program rules and requirements set forth in the Commission’s ECF Program Order (FCC 21-58). Not applicable. To clarify the statement above, per 2 CFR ? 200.1, a Non-Federal entity means a State, local government, Indian tribe, Institution of Higher Education, or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Recipient, as used here, means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from a Federal awarding agency. Non-federal entities that receive Emergency Connectivity Fund commitments are considered to be direct recipients of a Federal award and are subject to the Single Audit Act if they expend financial assistance of $750,000 or more in Federal awards. In the case of the ECF Program, the award is made in the form of a Funding Commitment Decision Letter to the applicant. Non-federal entities that receive Emergency Connectivity Fund commitments are recipients of a Federal award regardless of whether the Non-federal entity also chooses to receive a direct reimbursement against the commitment or has its service provider seek reimbursement on its behalf. Additionally, the FCC has begun conducting its own audits of the ECF Program to test for improper payments and will be conducting an audit to test ECF Program participant compliance with program requirements. All Emergency Connectivity Fund participants shall retain records related to their participation in the program sufficient to demonstrate compliance with all program rules for at least ten (10) years from the last date of service or delivery of equipment, including asset and service inventory records that are required by the FCC's ECF Program rules at 47 CFR ? 54.1715. Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. The Emergency Connectivity Fund was established by Congress in the United States Treasury through an appropriation of $7.171 billion, to remain available until September 30, 2030. Support from the ECF Program is available until the program funds are exhausted or until September 30, 2030. Funding is awarded directly to applicants through a Funding Commitment Decision Letter. The invoice filing deadline for first and second window ECF equipment, non-recurring service, and recurring service funding requests is 60 days from the later of the following dates: (1) The date of the funding commitment decision letter (FCDL); (2) The date of a revised funding commitment decision letter (RFCDL) approving a post-commitment change or a successful appeal of previously denied or reduced funding; or (3)The service delivery date of June 30, 2023. This means that all first and second window ECF funding requests have an invoice filing deadline of August 29, 2023, unless the FCDL is issued after June 30, 2023 or the RFCDL is still pending. The invoice filing deadline for third window ECF equipment, non-recurring service, and recurring service funding requests is 60 days from the later of the following dates: (1) The date of the funding commitment decision letter (FCDL); (2) The date of a revised funding commitment decision letter (RFCDL) approving a post-commitment change or a successful appeal of previously denied or reduced funding; or (3) The service delivery date of December 31, 2023. This means that all third window ECF equipment, non-recurring service, and recuring service funding requests have an invoice filing deadline of February 29, 2024, unless the FCDL is issued after December 31, 2023 or the RFCDL is still pending. Applicants that request support for special construction or end-user equipment for datacasting services must provide services by one year from the date of the Funding Commitment Decision Letter and this date would also be the service delivery date for the special construction and end-user equipment for datacasting services ECF funding requests. This equipment and services are only eligible in areas where there are no commercially available fixed or mobile broadband service that is sufficient to meet the remote learning needs of the applicant’s students, school staff, or library patrons. None/Not specified. Gabriela Gross
Federal Communications Commission, Wireline Competition Bureau, Telecommunications Access Policy Division
Washington, DC 20554 USA
Gabriela.Gross@fcc.gov
Phone: 202-418-7400 https://www.fcc.gov/emergency-connectivity-fund 27-1913-0-1-376 (Direct Payments for Specified Use) FY 22$4,459,300,000.00; FY 23 est $1,329,700,000.00; FY 24 est $71,900,000.00; FY 21$1,311,000,000.00; FY 20 Estimate Not Available - Not applicable/available. FCC 21-58, as well as other FCC Public Notice(s), News Releases, forms, and announcements for the ECF Program. 47 CFR ?? 54.1700 et seq. Fiscal Year 2022 The ECF Program provides funding to eligible schools and libraries for the reasonable costs of laptop and tablet computers; Wi-Fi hotspots; routers; modems; and broadband Internet connections for use by students, school staff, and library patrons at locations that include locations other than a school or library. Funding is limited to students, school staff, and library patrons who would otherwise lack access to connected devices and/or broadband Internet services sufficient to engage in remote learning during the COVID-19 emergency period. During the program’s application filing windows, eligible schools and libraries were able to apply for funding for Emergency Connectivity Fund eligible equipment and/or services to meet the remote learning needs of students, school staff, and library patrons who would otherwise lack access to connected devices and/or broadband connections sufficient to engage in remote learning. The initial application filing window opened on June 29, 2021, and closed on August 13, 2021. A subsequent second application filing window was opened on September 28, 2021, and closed on October 13, 2021. A third and final application filing window was opened on April 28, 2022, and closed on May 13, 2022. Unlike the first and second application filing windows where eligible schools and libraries were to submit requests for funding to purchase eligible equipment and services received or delivered between July 1, 2021 and June 30, 2022, for the third application filing window, eligible schools and libraries were to submit requests for funding to purchase eligible equipment and up to 12 months of recurring services to be provided between July 1, 2022, and December 31, 2023. Because demand exceeded available funds during the third application filing window, applications received during this filing window will be prioritized to fund schools and libraries with the greatest need first, with a preference for schools and libraries located in rural areas pursuant to the Commission’s rules.