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Tribal Applicant NPRM Adopted by FCC

On February 16, 2023, the Federal Communications Commission adopted a previously drafted Notice of Proposed Rulemaking (NPRM) aimed at making “the E-Rate program easier for eligible Tribal applicants to encourage greater program participation.” In a statement, FCC Chairwoman Jessica Rosenworcel noted that the FCC wants “to make sure every Tribal library knows about the E-Rate program—and has the opportunity to use it to get online, stay online, and keep their communities connected.”

The NPRM will seek comment on a number of potential changes to the E-rate program, including:

  • Simplifying E-Rate forms and cost-allocation requirements;
  • Providing an additional competitive bidding exemption for low-cost services and equipment for Tribal applicants;
  • Increasing the maximum discount rate for Category Two services from 85% to 90% for Tribal applicants;
  • Allowing Tribal college libraries that serve a dual role by also serving as the Tribal community’s public library to be eligible for E-Rate support;
  • Providing an extended or separate application filing window for Tribal libraries to align with their Tribal procurement requirements and approval processes;
  • Increasing the Category Two $25,000 funding floor for Tribal applicants;
  • Adding a Tribal representative to the Universal Service Administrative Company’s Board of Directors, which administers the program for the FCC; and
  • Considering other potential reforms to encourage greater participation by Tribal or similarly situated small or rural applicants, particularly if they face barriers that impede equitable access to the E-Rate program.

The NPRM may be viewed here. Chairwoman Rosenworcel’s statement may be viewed here, and Commissioner Starks’ statement here.

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