Citing 'Extraordinary Circumstances,' FCC Quickly Issues ECF Details

Citing "extraordinary circumstances," FCC acting Chairwoman Jessica Rosenworcel on Friday released a draft order for the $7.17 billion Emergency Connectivity Fund. The draft would adopt several proposals sought by education advocates and trade groups but excludes wireless providers' bid to include smartphones (see 2104060042). Rosenworcel thanked Republican Commissioner Brendan Carr's "encouragement to share a draft with the public." Ex parte presentations on ECF are prohibited after Wednesday at 6 p.m. EDT, said a public notice in docket 21-93. Rosenworcel says commissioners will likely vote on the rules by mid-May (see 2104140041). The program would mirror existing E-rate rules for eligibility and includes tribal libraries. Schools and libraries aren't required to be existing E-rate participants to apply, but entities not eligible for E-rate support won't be eligible for ECF. The draft puts Universal Service Administrative Co. in charge of administering funds. USAC will issue funding decision commitment letters for 50% of workable applications within 60 days after the first application window closes, 70% of workable applications within 100 days. Schools that bought services and equipment during the pandemic will be given priority in the first window, with any remaining funds awarded during a second one. USAC would make public pricing data for eligible services and equipment to put applicants in a "better bargaining position." Participating providers wouldn't be required to have eligible telecom carrier designation to contract with a school or library. The draft doesn't exclude providers participating in the emergency broadband benefit program from providing services through ECF. The draft lists Wi-Fi hot spots, modems, routers, combined modem-router devices and connected devices as eligible equipment. The commission defined connected devices as "laptop computers and tablet computers that are capable of connecting to advanced telecommunications and information services." Smartphones were excluded because they "lack the full functionality students, school staff, and library patrons need." There's limited exception for network construction because "in some instances, there is simply no commercially available service for purchase available to reach students, school staff, and library patrons in their homes." The document doesn't set minimum service standards. Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen, while backing the quick turnaround in a statement, was "disappointed that the draft order does not provide schools and libraries more flexibility" and doesn't "grant SHLB's request to waive a rule to let schools and libraries extend service from their buildings to surrounding households."