On August 16, 2022, the United States Department of Justice’s Antitrust Division filed an ex parte letter with the Federal Communications Commission expressing support for the E-rate competitive bidding changes suggested in the Commission’s December 2021 Notice of Proposed Rulemaking.
In addition to supporting the requirement that bids be submitted via a USAC-managed central bidding portal, the Division supports a requirement that service providers “submit a draft Form 471…as a part of their bid package” and proposes that a policy of limited service provider communication with applicants during the bidding process be extended to consultants. The Division also supports a requirement that bids be submitted “in parallel” to the bid portal if the decision is made to use the portal as a bid repository rather than the primary means of bid submission to applicants.
The Division’s letter may be viewed here.
