May 11, 2021

Remote Learning Support (ECF) Launches in June

The Emergency Connectivity Fund (ECF) program rules have been published by the FCC. Beginning this summer, schools and libraries will have the opportunity to seek reimbursement of expenses for remote learning during the COVID-19 pandemic. This is a first-of-its-kind program that will provide targeted relief to schools and libraries for internet access and connected learning devices.

The ECF is a one-time, $7.171 billion program, authorized by the American Rescue Plan of 2021. It provides 100% reimbursements of eligible remote learning expenses for K-12 schools and public libraries. The ECF will be administered by the Universal Administrative Company (USAC), leveraging much of the same infrastructure currently used to manage the E-rate funding program for schools and libraries. The initial 45-day application period is expected to open in June and close in August of 2021.

The ECF rules were adopted by a unanimous vote of the FCC’s commissioners on May 10, 2021. Below is a summary of the ECF program guidelines. Additional information about the initial ECF filing window will be published in the coming weeks.

Final ECF Rules (Adopted May 10, 2021)

Broadband Connections	Broadband Equipment: Wi-Fi hotspots, modems, and routers, including cellular air-cards, will qualify for reimbursement. Wi-Fi hotspots will be capped at $250. Broadband Services: There are no minimum standards for network connections. One Wi-Fi hot spot is allowed per user, and, for fixed internet connections, only one service connection is allowed per location. There are no price caps for broadband services but USAC will review costs for reasonableness. Limited Support for Off-Campus Networks: Where applicants can prove there is no commercially available internet access available, applicants may seek funding for construction of such networks.
Connected Learning Devices	Laptops and Tablets up to $400: The Commission will approve reimbursement requests up to $400 for laptops and tablets. Smartphones will not be approved. One connected device per student is allowed. There is no allowance for breakage/spares. Applicants can purchase more expensive devices, but reimbursements will be capped at the $400 limit.
Filing Window	Initial Filing Window (“New Purchases”): There will be an initial 45-day filing window for schools and libraries to seek reimbursement for eligible purchases made between July 1, 2021, and June 30, 2022. This is the so-called “prospective” reimbursement filing window. Subsequent Filing Windows: If signficant remain available, the Commission may decide to open another prospective filing window; alternatively the Commission may open a “retroactive” filing window for purchases eligible purchases made between March 1, 2020, and June 30, 2021.
Competitive Bidding	No Extra FCC Bidding. There will be no FCC-specific competitive bidding mandates (e.g., the FCC Form 470); however, applicants will certify compliance with applicable local, state, and Tribal procurement requirements.
Application Process	EPC Portal. USAC will leverage the existing E-rate funding application (i.e., FCC Form 471) and processes as much as possible. Decisions Tied to Close of Filing Window. USAC will wait until the filing window is closed and all applications are tallied to begin issuing funding commitments. Goal is for USAC to process 50% of applications within 60 days after close of filing window. Discount Rate Determines Who Receives Funding. Should demand exceed available funds, applications will be prioritized and processed based on the Category 1 E-rate discount rate associated with a school or library. Rural applicants will receive a 5% “bump” to the discount rate used to calculate the priority of their applications. For example, rural schools and libraries who qualify for a 90% discount rate in the E-rate program will use a 95% discount and will receive top priority over their urban counterparts who also qualify for a 90% E-rate discount. If there are insufficient funds available to fund an entire discount band, priority will be given to applicants with the highest percentage of low-income students.
Payment Process	“Reimbursement” or “Pre-reimbursement” . Applicants will be allowed to submit reimbursement requests for invoices already paid. Applicants will also have the option to requirement reimbursement prior to paying for services, in which case the applicant must pay their vendors within 30-days of receiving their ECF reimbursement. The existing FCC Form 472 (BEAR) system will be used to submit payment requests, following a 60-day invoice submission timeframe. Detailed line-item vendor invoices will be required. Applicants must be registered in the Sam.gov system to receive ECF reimbursements.
Eligible Entities, Users, and Locations	E-rate Eligible Schools and Libraries. Entities do not need to be currently participating in E-rate to apply for ECF. Eligible Users. Support is eligible for students, school staff, and library patrons who otherwise did not or do not have Internet access (subject to certification for school applicants.) Appropriate user credentials are required for access to services. Off-campus locations. Broadband connections are eligible anywhere education is occurring (except on school or library campus.)
Other	Filtering Required in Certain Cases. CIPA requirements only will be in effect for ECF-supported services that use ECF-supported devices. Exception for Remote Learning-related Gifts. The typical gift rule requirements will be in effect except for goods and services directly related to remote learning. 10-year Documentation Requirement. Applicants will be required to keep documentation similar to the scope of the E-rate program. Appeal deadline. Applicant appeals must be submitted within 30 days, rather than the E-rate program’s customary 60-day deadline.

Links to the full texts of the Order and comments of the FCC Commissioners are available below:

The full text of the ECF Order is here.
Comments of FCC Acting Chairwoman Jessica Rosenworcel
Comments of Commissioner Brendan Carr
Comments of Commissioner Nathan Simington
Comments of Commissioner Geoffrey Starks

We’re here to help!

Our mission is to provide high-quality consulting and support services for the needs of E-rate program participants. We consult with applicants to help them understand, effectively utilize, and maintain compliance with E-rate rules and regulations. We help prepare and submit paperwork, and interact with program administrators on our clients’ behalf.

Request a Consultation