Regulatory Relief for Areas Affected by Ida

On September 3, 2021, the Federal Communications Commission (FCC) waived certain E-rate and Emergency Connectivity Fund (ECF) program rules and deadlines to assist participants and providers located in areas affected by Hurricane Ida.

In the Order, the FCC defined Affected Disaster Areas as the Louisiana parishes and Mississippi counties that the Federal Emergency Management Agency (FEMA) has designated as eligible for Individual or Public Assistance for the purposes of federal disaster relief as of the date of release of this Order, which includes all parishes and counties in those states.

Due to damage caused by Hurricane Ida, the FCC temporarily waived various requirements of the USF, Emergency Connectivity Fund (ECF) Program, and Emergency Broadband Benefit Program rules for participants in the Affected Disaster Areas:

E-rate Program

• E-rate Program Deadlines
  • The Order provides those affected with up to 150 calendar days from the effective date of this Order to submit required filing:
    • Requests for review or waiver of decisions by USAC, directed to USAC or the FCC
    • Filing Form 486 (CIPA Form).
    • Filing Form 472 (BEAR Form) and Form 474 (SPI Form).

• Service Implementation Deadline Extensions
  • FY2020 non-recurring services, other than special construction, extended to September 30, 2022, for applicants in the Affected Disaster Areas
  • Impacted applicants that have special construction deadline of June 30, 2022, the deadline to complete special construction and light the new fiber is June 30, 2023

• Documentation Retention and Production
  • Applicants and service providers in the Affected Disaster Areas will not be penalized for failure to retain records destroyed by Hurricane Ida.

• Service and Equipment Substitutions
  • The FCC will provide increased flexibility for service substitutions in the Affected Disaster Areas.

Emergency Connectivity Fund (ECF) Program

• Emergency Connectivity Fund Program Deadlines
  • FCC Waives deadline to submit request for review or waiver of decisions by USAC to those affected with up to 150 calendar days from the effective date of this Order

• Documentation Retention and Production
  • Affected ECF applicants and service providers will not be penalized for failure to retain records destroyed by Hurricane Ida.

• Service and Equipment Substitutions
  • The FCC waives the rule to exclude the requirement that the substituted equipment or service must have the same functionality as the equipment or service that it is replacing

Applicants or service providers in the Affected Disaster Areas that are unable to comply with these program deadlines or procedures at the end of this period may request additional relief from these or other requirements from the Bureau.

Details of the FCC Order can be found here