FCC ID

Date

Significant Changes

Advanced Education Solutions Order

DA 07-4973

12/12/07

Waiver for FRNs denied due to consortium Letter of Authorization (LOA) shortcomings.   

• The FCC directed USAC in future to explain the problem to applicants and give them an opportunity to fix it.

Eligible Services List

FCC 07-182

10/19/07

Eligible Services List for the 2008-2009 funding year.  Significant changes: Centrex service is treated as basic telephone service, distance learning and video conferencing tools explicitly ineligible, Broadband over Power Lines (BPL), BPL-enabled Internet access eligible; calendaring eligible; Web hosting rules changed; and “failover” products are ineligible.

Oversight and Performance Order

FCC 07-150

8/29/07

Sweeping changes to all Universal Service programs, but only small changes for E-Rate applicants.

• Audits will continue, but not increase.
• Some forms will change in order to collect information for the new performance measures.
• USAC is required to reach out to a sample of economically disadvantaged applicants that choose not to participate in the program, and help them at the start of the application process.

Brewster Academy Order

DA 07-2111

5/18/07

Granted 27 appeals from applicants who mistakenly put the wrong SPIN on their Telecommunications Services FRNs.

• The FCC directed USAC in future to explain the problem to applicants and give them 15 days to fix it.

Macomb Order

FCC 07-64

5/8/07

• 30% Rule applies only to ineligible services, not to services which are not cost-effective. 
• Interestingly, the FCC called Internet service from two different providers "duplicative," but allowed both connections to be funded at the level of the less expensive one.

Aberdeen Order

FCC 07-63

5/8/07

Group waiver (and one denial) for FRNs denied for competitive bidding failures. 

Bootheel Order

FCC 07-62

5/8/07

Group waiver for FRNs denied for ineligible entities. 

• 30% Rule does not apply to entities. 
• If USAC and applicant disagree on the eligibility of a location, USAC must offer to put that entity in a separate funding request.

Aiken County Order

FCC 07-61

5/8/07

Big waiver for FRNs denied due to the 30% Rule. 

• If USAC believes a funding request includes ineligible, they have to notify the applicant what the ineligible items are, and give them 15 days to fix it.
• If USAC and applicant disagree on the eligibility of a service, USAC must offer to put that service in a separate funding request.

Academy of Excellence Order

FCC 07-60

5/8/07

Massive waiver for FRNs denied for failure to prove adequate resources to pay applicant share. 

• "It is not necessary...to require schools to have final, written commitments of funding so far in advance of the time that it is needed"
• If an applicant fails to prove adequate funding, USAC must specifically identify the failure and allow 15 days to fix it. 
• If the applicant really doesn't have adequate funding for the full request, USAC has to work with the applicant to figure out what they can pay for.

Brownsville Order

FCC 07-37

3/22/07

Massive waiver for FRNs denied for technology plan failures. 

• If a tech plan is deficient, USAC must specifically identify the failure and allow 15 days to fix it. 

Alpaugh Order

FCC 07-36

3/22/07

78 waivers for applicants who did not respond to USAC information requests in a timely manner.

• "we require USAC in each instance to detail in writing and with specificity to the applicant any information or documentation USAC is seeking"

Adams County Order

FCC 07-35

3/22/07

Wave of waivers for applicants denied because of contracting rules.  Contracts do not have to have two dates.

Eligible Services List

FCC 06-158

10/19/06

Eligible Services List for the 2007-2008 funding year.  Significant changes: interconnected VoIP services are now eligible, and mobile Internet access devices (i.e. Blackberries) are eligible.

Alaska Gateway Order

DA-06-1871

9/15/06

Waiver of 486 deadline for a slew of applications.  More significantly, it requires USAC to notify applicants when they've missed a 486 deadline, and give them 15 days to file.

Henkel Order

DA-06-1463

7/19/06

SLD approved funding video distribution system, then disallowed some components when the invoice came.  FCC remanded.

• Some information on the eligibility of video distribution components. 
• 2003-2004 Eligible Services List treated as authoritative.
• End-user training allowed.

Hickory City Order

DA-06-1287

6/16/06

Waiver only: district didn't respond to Selective Review request for months; FCC says to give them another chance.

Cincinnati Order

DA-06-1107

5/26/06

Waiver only: Applicant not required to have a contract before submitting Form 471.

Bishop Perry et al.
Erratum

FCC-06-54

5/19/06

USAC must inform applicants of missed deadlines and clerical errors on Forms 470 and 471 and allow applicants 15 days to make corrections.  And 196 denials were waived.  The erratum corrects a reference to the Form 486 in the opening paragraph.

Academy of Careers and Technology

FCC-06-55

5/19/06

USAC cannot deny applications based solely on "pattern analysis."  If similarities are discovered among applicant 470s, the SLD must investigate further and give applicants an opportunity to explain the similarities.

Illinois Order

DA-06-785

4/3/06

Waiver only: Applicant not required to have a contract before submitting Form 471 because it would violate state law.

Greenfield Order

DA-06-487

2/28/06

Waiver only: Deadline waived because district personnel called up for military service.

Glendale Order

DA 06-244

2/1/06

Waiver only: applicant clerical errors on forms can be fixed at a later date.

Iroquois Order

DA-05-54

1/11/05

Limits the application of the "30% Rule."  "The 30 percent policy, however, applies to requests for ineligible services, not for unsubstantiated amounts of eligible services."

Fifth Report and Order

FCC 04-190

8/13/04

Recovery of Funds:

• Guidelines for recovery of improperly disbursed funds
• Funds can be recovered for up to 5 years
• “Red light rule”: no new funding until recovery complete
• FCC Registration Number required

Document retention:

• A long, but not complete, list of documents to be retained
• Documents to be retained for 5 years

Technology Plans:

• Requirements for timing of tech plans codified
• Content requirements of tech plans clarified

Certification requirements:

• New certifications required for forms

Fourth Report and Order

FCC 04-181

7/30/04

Recovery of Funds:

• Funds can be recovered from applicants or service providers

Third Report and Order

FCC 03-323

12/23/03

Internal Connections:

• “2 in 5” rule: internal connections funding only twice every five years (except maintenance)
• Basic maintenance defined, made it's own Category of Service
• Equipment cannot be moved for 3 years

Eligible Services:

• Cost allocation rules codified
• Eligible services list published for comment, approved by FCC
• No free services from service providers
• Codification of procedure for service substitutions
• Clarification of “On-Premise Priority One Equipment”

Funding Carryover:

• Unused funds from past years rolled into current year

Ysleta Order

FCC-03-313

12/8/03

Clarification of competitive bidding rules

• No "System Integrator" or "two-step" approach to bidding. 
• No "encyclopedic" list of services.  "Applicants must submit a list of specified services for which they anticipate they are likely to seek discounts consistent with their technology plans,"  described "with sufficient specificity to enable bidders to submit realistic bids with prices"
• If a district releases an RFP, it should be mentioned on the Form 470.
• Bids must include specific prices for specific services.
• Even if only one bid is received, it must be "cost-effective" in order to be eligible for funding.
• No Help Desks; routing and logging maintenance requests not eligible.

Second CIPA Order

FCC-03-188

7/24/03

Amends CIPA Order after Supreme Court decision.

Second Report and Order

FCC 03-101

4/29/03

Eligible Services:

• “Bus driver” rule: “educational purpose” standard expanded
  (“Any supported service …  to be used by any school or library staff … on school or library property, shall be eligible for discounts.”)
• Duplicative services not allowed
• Voice mail eligible
• Eligible products database for internal connections required

30% Rule:

• “30% Rule” codified

Choice and Timing of Payment Method:

• Service providers required to give applicants choice of discount or reimbursement

Appeals:

• Expands appeal deadline to 60 days after decision
• Funding of appeals codified

Suspension and Debarment:

• Rules for throwing people out of the program

Unused Funds:

• Unused funds to be rolled over into subsequent years

Kalamazoo Reconsideration Order

DA-02-2975

11/4/02

Applicants can receive E-Rate funding on an existing contract if, after reviewing all bids, the existing contract is found most cost-effective.

Report and Order

FCC-01-195

6/29/01

Service deadline extensions

CIPA Order

FCC-01-120

4/5/01

Implementation of Children's Internet Protection Act, requiring filtering of Web content and an Internet Safety Policy.

Copan Order

FCC-00-100

3/16/00

Requirements for SPIN changes (changing service provider after Form 471 is filed.)

Tennessee Order

FCC-99-216

8/11/99

• Cost need not be the only factor in selecting a bidder.
• Applicant cannot sell a WAN, then lease it back.
• On-premise equipment may be considered part of a Priority One service in certain limited circumstances.