Establishing Emergency Connectivity Fund To Close the Homework Gap, 70983-70985 [2021-26921]
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ESRDPayment@cms.hhs.gov, for
issues related to the ESRD PPS and
coverage and payment for renal dialysis
services furnished to individuals with
AKI.
ESRDApplications@cms.hhs.gov, for
issues related to the Transitional AddOn Payment Adjustment for New and
Innovative Equipment and Supplies
(TPNIES).
Delia Houseal, (410) 786–2724, for
issues related to the ESRD QIP.
ETC-CMMI@cms.hhs.gov, for issues
related to the ESRD Treatment Choices
(ETC) Model.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021–23907 of November
8, 2021 (86 FR 61874), there was a
typographic error that is identified and
corrected by the Correction of Errors
section below. The correction in this
document is effective as if it had been
included in the document published
November 8, 2021. Accordingly, the
correction is effective January 1, 2022.
jspears on DSK121TN23PROD with RULES1
II. Summary of Error
On page 61874, in the third sentence
of the first column, we inadvertently left
the number ‘‘412’’ in the CFR citation at
the top of the document. Therefore, the
number ‘‘412’’ should be deleted.
III. Waiver of Proposed Rulemaking
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
be waived, however, if an agency finds
for good cause that the delay is
impracticable, unnecessary, or contrary
to the public interest, and the agency
incorporates a statement of the findings
and its reasons in the rule issued.
We believe that this correcting
document does not constitute a rule that
would be subject to the notice and
comment or delayed effective date
requirements. This document corrects a
typographic error and does not make
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16:20 Dec 13, 2021
Jkt 256001
substantive changes to the policies or
payment methodologies that were
adopted in the final rule. Thus, this
correcting document is intended to
ensure that the information is accurately
reflected in the final rule.
Even if this were a rulemaking to
which the notice and comment and
delayed effective date requirements
applied, we find that there is good cause
to waive such requirements.
Undertaking further notice and
comment procedures to incorporate the
correction in this document into the
calendar year (CY) 2022 End-Stage
Renal Disease (ESRD) Prospective
Payment System (PPS) final rule or
delaying the effective date of the
correction would be contrary to the
public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
policies that we previously proposed,
received public comment on, and
subsequently finalized in the CY 2022
ESRD PPS final rule. For these reasons,
we believe there is good cause to waive
the requirements for notice and
comment and delay in effective date.
IV. Correction of Errors
In FR Doc. 2021–23907 of November
8, 2021 (86 FR 61874), make the
following correction:
On page 61874, in the first column; in
the third sentence, remove the number
‘‘412’’ from the CFR citation.
Karuna Seshasai,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2021–26914 Filed 12–13–21; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 21–93; DA 21–1499; FR
ID 61508]
Establishing Emergency Connectivity
Fund To Close the Homework Gap
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau (the
Bureau) grants a petition for an
expedited waiver of the Emergency
SUMMARY:
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70983
Connectivity Fund (ECF) Program’s
invoice filing deadline submitted by the
State E-rate Coordinators’ Alliance
(SECA) and clarifies the service delivery
date for certain funding requests.
DATES: Effective December 14, 2021.
FOR FURTHER INFORMATION CONTACT: For
further information, please contact
Gabriela Gross, Telecommunications
Access Policy Division, Wireline
Competition Bureau, at gabriela.gross@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
WC Docket No. 21–93; DA 21–1499,
adopted and released on December 2,
2021. The full text of this document is
available for public inspection on the
Commission’s website at https://
www.fcc.gov/document/wcb-waives-ecfinvoice-deadline-and-clarifies-servicedelivery-date.
Synopsis
I. Introduction
1. In the Order, the Bureau grants a
petition for an expedited waiver of the
ECF Program’s invoice filing deadline
submitted by SECA. Specifically, and
subject to the limitations stated in the
Order, the Bureau waives §§ 54.1711(d)
and (e) of the Commission’s rules to
provide relief to applicants that: (a)
Applied for ECF funding during the first
or second application filing windows;
(b) incorrectly used June 30, 2022 as the
service delivery date on their ECF FCC
Form 471 applications for equipment
and/or other non-recurring services,
rather than the actual service delivery
date; and (c) received a funding
commitment decision letter (FCDL) or
revised funding commitment decision
letter (RFCDL) noting August 29, 2022
as the invoice filing deadline based on
the incorrect service delivery date
(Affected Program Participants).
2. Accordingly, the Bureau directs the
Universal Service Administrative
Company (USAC), the Administrator of
the ECF Program, to continue to use the
August 29, 2022 invoice filing deadline
noted on the Affected Program
Participants’ FCDLs and RFCDLs and
allow them to submit their requests for
reimbursement on or before this date.
To the extent other applicants
incorrectly used June 30, 2022 as the
service delivery date for equipment and/
or non-recurring services, rather than
the actual delivery date, but have not
yet received an FCDL or RFCDL with an
invoice filing deadline, the Bureau
directs USAC to use June 30, 2022 as the
service delivery date for these requests.
The Bureau also extends this relief to
service providers that agreed to file
requests for reimbursement on behalf of
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70984
Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
these applicants. Going forward, to
avoid confusion and for administrative
ease, the Bureau clarifies that the
service delivery date for all requests for
equipment, other non-recurring
services, and recurring services
submitted in any filing window
covering funding for purchases made
between July 1, 2021 and June 30, 2022
is June 30, 2022 (i.e., the last date of the
funding period) and modifies this
procedural rule accordingly.
jspears on DSK121TN23PROD with RULES1
II. Discussion
3. Generally, the Commission’s rules
may be waived for good cause shown.
The Commission may exercise its
discretion to waive a rule where the
particular facts make strict compliance
inconsistent with the public interest. In
addition, the Commission may take into
account considerations of hardship,
equity, or more effective
implementation of overall policy on an
individual basis.
4. Given the confusion around the
appropriate service delivery date to use
for equipment and other non-recurring
services, and the reliance on an
incorrect invoice filing deadline as a
result, the Bureau finds that granting a
limited waiver of the invoice filing
deadline for the Affected Program
Participants is appropriate and allows
them to submit their requests for
reimbursement by August 29, 2022.
Although the Bureau’s Public Notice, 86
FR 41408, August 2, 2021, established
June 30, 2022 as the service delivery
date for equipment and other nonrecurring services if the equipment or
services had not yet been ordered or
received at the time of the applicant’s
funding request submission, some
applicants mistakenly used this date as
the service delivery date despite having
already received the equipment and/or
services at the time of their filing,
resulting in USAC’s issuance of FCDLs
and RFCDLs with an incorrect invoice
filing deadline of August 29, 2022 (i.e.,
60 days after June 30, 2022), rather than
an earlier filing deadline based on their
actual service delivery date. As a result,
these applicants may not know that
their requests for reimbursement are in
fact due before August 29, 2022, and
their requests for reimbursement will be
denied as untimely without the
Bureau’s action.
5. Moreover, a waiver of the invoice
filing deadline will not lead to any
undue advantage in funding as the
Affected Program Participants will not
receive more funding than that allowed
under the ECF Program rules, and the
equipment and services have already
been delivered. In addition, the Bureau
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16:20 Dec 13, 2021
Jkt 256001
finds that the public interest would not
be served were these Affected Program
Participants to lose ECF funding for
equipment and services needed to
connect students, school staff, and
library patrons during this
unprecedented time.
6. The Bureau therefore directs USAC
to continue to use the August 29, 2022
invoice filing deadline noted on the
FCDLs and RFCDLs and allow the
Affected Program Participants to submit
their requests for reimbursement on or
before this date. To the extent other
applicants incorrectly used June 30,
2022 as the service delivery date for
equipment and/or other non-recurring
services despite having already received
them at the time of their application
filing, but have not yet received an
FCDL or RFCDL, the Bureau directs
USAC to use June 30, 2022 as the
service delivery date for these requests.
The Bureau also extends this relief to
service providers that agreed to file
requests for reimbursement on behalf of
these applicants.
7. To avoid confusion and minimize
administrative burdens, for the first two
application filing windows and any
subsequent window the Commission
may open for eligible purchases made
between the same period (i.e., July 1,
2021 through June 30, 2022), the Bureau
allows applicants to use June 30, 2022
(i.e., the last date of the funding period)
as the service delivery date for all
funding requests for equipment, other
non-recurring services, and recurring
services submitted during these
windows. The Bureau takes this action
solely for purposes of establishing an
invoice filing deadline for these funding
requests and streamlining the process
for program participants. The Bureau
modifies § 54.1711(e) accordingly as
reflected in the following. The Bureau
makes these changes without notice and
comment in accordance with the
exception to the Administrative
Procedure Act (APA) for procedural
rules. The updated rule will become
effective upon publication of the Order
in the Federal Register.
8. In granting the requested relief, the
Bureau emphasizes that the Order does
not alter the obligation of ECF Program
participants to comply with the
Commission’s rules, including their
obligation to certify to receipt of eligible
equipment and/or services on their ECF
FCC Forms 472 and 474 (i.e., the
requests for reimbursement). Nor does it
impact funding requests for
construction of new networks, and the
Bureau reminds applicants seeking
support for future construction that they
have one year from the date of a funding
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Fmt 4700
Sfmt 4700
commitment decision to show that
construction is completed and services
have been provided. The Bureau also
remind applicants that, unlike E-Rate
program rules, ECF Program rules do
not permit any invoice filing extensions.
For this reason, any ECF Program
participant that requires additional time
to submit their requests for
reimbursement beyond the relief
granted herein must file a request for
waiver directly with the Commission
and demonstrate good cause.
9. Finally, the Bureau finds no
evidence of waste, fraud, or abuse
presented by waiving the invoice filing
deadline. The Bureau emphasizes that
the Commission is committed to
guarding against waste, fraud, and abuse
and ensuring that funds disbursed
through the ECF Program are used for
appropriate purposes. Although the
Bureau grants a waiver of the
Commission’s invoice filing deadline for
the ECF Program, this action does not
affect the authority of the Commission
or USAC to conduct audits or
investigations to determine compliance
with ECF Program rules and
requirements.
III. Ordering Clauses
10. Accordingly, it is ordered,
pursuant to the authority contained in
sections 1–4 and 254 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151–154 and 254,
and §§ 0.91, 0.291, and 1.3 of the
Commission’s rules, 47 CFR 0.91, 0.291,
and 1.3, that 47 CFR 54.1711 of the
Commission’s rules is waived to the
extent provided herein.
11. It is further ordered, that pursuant
to § 1.102(b)(1) of the Commission’s
rules, 47 CFR 1.102(b)(1), this Order
shall be effective upon release.
12. The amended rule adopted in the
Order and contained in the following
constitutes a rule of agency
organization, procedure and practice
and is not subject to the APA
requirements pursuant to 5 U.S.C.
553(b)(3)(A). Accordingly, this amended
rule is effective upon publication in the
Federal Register.
List of Subjects in 47 CFR Part 54
Communications common carriers,
Health facilities, Infants and children,
Internet, Libraries, Puerto Rico,
Reporting and recordkeeping
requirements, Schools,
Telecommunications, Telephone, Virgin
Islands.
E:\FR\FM\14DER1.SGM
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
Federal Communications Commission.
Cheryl Callahan
Assistant Chief, Telecommunications Access
Policy Division, Wireline Competition Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 54 as
follows:
PART 54—UNIVERSAL SERVICE
1. The authority citation for part 54
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 229, 254, 303(r), 403,
1004, 1302, and 1601–1609, unless otherwise
noted.
2. Amend 54.1711 by revising
paragraph (e) to read as follows:
■
§ 54.1711 Emergency Connectivity Fund
requests for reimbursement.
*
*
*
*
*
(e) Service delivery date. For the
initial filing window set forth in
§ 54.1708(b) and any subsequent filing
windows covering funding for
purchases made between July 1, 2021
and June 30, 2022, the service delivery
date for equipment, other non-recurring
services, and recurring services is June
30, 2022.
[FR Doc. 2021–26921 Filed 12–13–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200124–0029; RTID 0648–
XB632]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; 2022
Red Snapper Private Angling
Component Closures in Federal
Waters Off Texas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces a closure
for the 2022 fishing season for the red
snapper private angling component in
the exclusive economic zone (EEZ) off
Texas in the Gulf of Mexico (Gulf)
through this temporary rule. The red
snapper recreational private angling
component in the Gulf EEZ off Texas
will close on January 1, 2022, until
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SUMMARY:
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16:20 Dec 13, 2021
Jkt 256001
12:01 a.m., local time, on June 1, 2022.
This closure is necessary to prevent the
private angling component from
exceeding the Texas regional
management area annual catch limit
(ACL) and to prevent overfishing of the
Gulf red snapper resource.
DATES: This closure is effective at 12:01
a.m., local time, on January 1, 2022,
until 12:01 a.m., local time, on June 1,
2022.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: Kelli.ODonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery, which includes red
snapper, is managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
and is implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing
Amendment 40 to the FMP established
two components within the recreational
sector fishing for Gulf red snapper: The
private angling component, and the
Federal for-hire component (80 FR
22422, April 22, 2015). Amendment 40
also allocated the red snapper
recreational ACL (recreational quota)
between the components and
established separate seasonal closures
for the two components. On February 6,
2020, NMFS implemented Amendments
50A–F to the FMP, which delegated
authority to the Gulf states (Louisiana,
Mississippi, Alabama, Florida, and
Texas) to establish specific management
measures for the harvest of red snapper
in Federal waters of the Gulf by the
private angling component of the
recreational sector (85 FR 6819,
February 6, 2020). These amendments
allocate a portion of the private angling
ACL to each state, and each state is
required to constrain landings to its
allocation.
As described at 50 CFR 622.23(c), a
Gulf state with an active delegation may
request that NMFS close all, or an area
of, Federal waters off that state to the
harvest and possession of red snapper
by private anglers. The state is required
to request the closure by letter to NMFS,
providing dates and geographic
coordinates for the closure. If the
request is within the scope of the
analysis in Amendment 50A, NMFS
publishes a notification in the Federal
Register implementing the closure for
the fishing year. Based on the analysis
in Amendment 50A, Texas may request
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70985
a closure of all Federal waters off the
State to allow a year-round fishing
season in State waters. As described at
50 CFR 622.2, ‘‘off Texas’’ is defined as
the waters in the Gulf west of a rhumb
line from 29°32.1′ N lat., 93°47.7′ W
long. to 26°11.4′ N lat., 92°53′ W long.,
which line is an extension of the
boundary between Louisiana and Texas.
On December 3, 2021, NMFS received
a request from the Texas Parks and
Wildlife Department (TPWD) to close
the EEZ off Texas to the red snapper
private angling component during the
2022 fishing year. Texas requested that
the closure be effective from January 1
through May 31, 2022. NMFS has
determined that this request is within
the scope of analysis contained within
Amendment 50A, which analyzed the
potential impacts of a closure of all
Federal waters off Texas, consistent
with Texas’s intent to maintain a yearround fishing season in State waters
during which a part of Texas’ ACL
could be caught.
Therefore, the red snapper
recreational private angling component
in the Gulf EEZ off Texas will close at
12:01 a.m., local time, on January 1,
2022, until 12:01 a.m., local time, on
June 1, 2022. This closure applies to all
private-anglers (those on board vessels
that have not been issued a valid charter
vessel/headboat permit for Gulf reef
fish) regardless of which state they are
from or where they intend to land. Once
the EEZ off Texas opens on June 1,
2022, TPWD will continue to monitor
private recreational landings, and if
necessary, will request that NMFS again
close the EEZ in 2022 to ensure the
Texas regional management area ACL is
not exceeded.
On and after the effective dates of this
closure in the EEZ off Texas, the harvest
and possession red snapper in the EEZ
off Texas by the private angling
component is prohibited and the bag
and possession limits for the red
snapper private angling component in
the closed area is zero.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.23(c), which was issued pursuant to
304(b), and is exempt from review
under Executive Order 12866, and other
applicable laws.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing the area closure authority
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]]>Agencies
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70983-70985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26921]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 21-93; DA 21-1499; FR ID 61508]
Establishing Emergency Connectivity Fund To Close the Homework
Gap
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (the Bureau)
grants a petition for an expedited waiver of the Emergency Connectivity
Fund (ECF) Program's invoice filing deadline submitted by the State E-
rate Coordinators' Alliance (SECA) and clarifies the service delivery
date for certain funding requests.
DATES: Effective December 14, 2021.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Gabriela Gross, Telecommunications Access Policy Division,
Wireline Competition Bureau, at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in WC Docket No. 21-93; DA 21-1499, adopted and released on December 2,
2021. The full text of this document is available for public inspection
on the Commission's website at https://www.fcc.gov/document/wcb-waives-ecf-invoice-deadline-and-clarifies-service-delivery-date.
Synopsis
I. Introduction
1. In the Order, the Bureau grants a petition for an expedited
waiver of the ECF Program's invoice filing deadline submitted by SECA.
Specifically, and subject to the limitations stated in the Order, the
Bureau waives Sec. Sec. 54.1711(d) and (e) of the Commission's rules
to provide relief to applicants that: (a) Applied for ECF funding
during the first or second application filing windows; (b) incorrectly
used June 30, 2022 as the service delivery date on their ECF FCC Form
471 applications for equipment and/or other non-recurring services,
rather than the actual service delivery date; and (c) received a
funding commitment decision letter (FCDL) or revised funding commitment
decision letter (RFCDL) noting August 29, 2022 as the invoice filing
deadline based on the incorrect service delivery date (Affected Program
Participants).
2. Accordingly, the Bureau directs the Universal Service
Administrative Company (USAC), the Administrator of the ECF Program, to
continue to use the August 29, 2022 invoice filing deadline noted on
the Affected Program Participants' FCDLs and RFCDLs and allow them to
submit their requests for reimbursement on or before this date. To the
extent other applicants incorrectly used June 30, 2022 as the service
delivery date for equipment and/or non-recurring services, rather than
the actual delivery date, but have not yet received an FCDL or RFCDL
with an invoice filing deadline, the Bureau directs USAC to use June
30, 2022 as the service delivery date for these requests. The Bureau
also extends this relief to service providers that agreed to file
requests for reimbursement on behalf of
[[Page 70984]]
these applicants. Going forward, to avoid confusion and for
administrative ease, the Bureau clarifies that the service delivery
date for all requests for equipment, other non-recurring services, and
recurring services submitted in any filing window covering funding for
purchases made between July 1, 2021 and June 30, 2022 is June 30, 2022
(i.e., the last date of the funding period) and modifies this
procedural rule accordingly.
II. Discussion
3. Generally, the Commission's rules may be waived for good cause
shown. The Commission may exercise its discretion to waive a rule where
the particular facts make strict compliance inconsistent with the
public interest. In addition, the Commission may take into account
considerations of hardship, equity, or more effective implementation of
overall policy on an individual basis.
4. Given the confusion around the appropriate service delivery date
to use for equipment and other non-recurring services, and the reliance
on an incorrect invoice filing deadline as a result, the Bureau finds
that granting a limited waiver of the invoice filing deadline for the
Affected Program Participants is appropriate and allows them to submit
their requests for reimbursement by August 29, 2022. Although the
Bureau's Public Notice, 86 FR 41408, August 2, 2021, established June
30, 2022 as the service delivery date for equipment and other non-
recurring services if the equipment or services had not yet been
ordered or received at the time of the applicant's funding request
submission, some applicants mistakenly used this date as the service
delivery date despite having already received the equipment and/or
services at the time of their filing, resulting in USAC's issuance of
FCDLs and RFCDLs with an incorrect invoice filing deadline of August
29, 2022 (i.e., 60 days after June 30, 2022), rather than an earlier
filing deadline based on their actual service delivery date. As a
result, these applicants may not know that their requests for
reimbursement are in fact due before August 29, 2022, and their
requests for reimbursement will be denied as untimely without the
Bureau's action.
5. Moreover, a waiver of the invoice filing deadline will not lead
to any undue advantage in funding as the Affected Program Participants
will not receive more funding than that allowed under the ECF Program
rules, and the equipment and services have already been delivered. In
addition, the Bureau finds that the public interest would not be served
were these Affected Program Participants to lose ECF funding for
equipment and services needed to connect students, school staff, and
library patrons during this unprecedented time.
6. The Bureau therefore directs USAC to continue to use the August
29, 2022 invoice filing deadline noted on the FCDLs and RFCDLs and
allow the Affected Program Participants to submit their requests for
reimbursement on or before this date. To the extent other applicants
incorrectly used June 30, 2022 as the service delivery date for
equipment and/or other non-recurring services despite having already
received them at the time of their application filing, but have not yet
received an FCDL or RFCDL, the Bureau directs USAC to use June 30, 2022
as the service delivery date for these requests. The Bureau also
extends this relief to service providers that agreed to file requests
for reimbursement on behalf of these applicants.
7. To avoid confusion and minimize administrative burdens, for the
first two application filing windows and any subsequent window the
Commission may open for eligible purchases made between the same period
(i.e., July 1, 2021 through June 30, 2022), the Bureau allows
applicants to use June 30, 2022 (i.e., the last date of the funding
period) as the service delivery date for all funding requests for
equipment, other non-recurring services, and recurring services
submitted during these windows. The Bureau takes this action solely for
purposes of establishing an invoice filing deadline for these funding
requests and streamlining the process for program participants. The
Bureau modifies Sec. 54.1711(e) accordingly as reflected in the
following. The Bureau makes these changes without notice and comment in
accordance with the exception to the Administrative Procedure Act (APA)
for procedural rules. The updated rule will become effective upon
publication of the Order in the Federal Register.
8. In granting the requested relief, the Bureau emphasizes that the
Order does not alter the obligation of ECF Program participants to
comply with the Commission's rules, including their obligation to
certify to receipt of eligible equipment and/or services on their ECF
FCC Forms 472 and 474 (i.e., the requests for reimbursement). Nor does
it impact funding requests for construction of new networks, and the
Bureau reminds applicants seeking support for future construction that
they have one year from the date of a funding commitment decision to
show that construction is completed and services have been provided.
The Bureau also remind applicants that, unlike E-Rate program rules,
ECF Program rules do not permit any invoice filing extensions. For this
reason, any ECF Program participant that requires additional time to
submit their requests for reimbursement beyond the relief granted
herein must file a request for waiver directly with the Commission and
demonstrate good cause.
9. Finally, the Bureau finds no evidence of waste, fraud, or abuse
presented by waiving the invoice filing deadline. The Bureau emphasizes
that the Commission is committed to guarding against waste, fraud, and
abuse and ensuring that funds disbursed through the ECF Program are
used for appropriate purposes. Although the Bureau grants a waiver of
the Commission's invoice filing deadline for the ECF Program, this
action does not affect the authority of the Commission or USAC to
conduct audits or investigations to determine compliance with ECF
Program rules and requirements.
III. Ordering Clauses
10. Accordingly, it is ordered, pursuant to the authority contained
in sections 1-4 and 254 of the Communications Act of 1934, as amended,
47 U.S.C. 151-154 and 254, and Sec. Sec. 0.91, 0.291, and 1.3 of the
Commission's rules, 47 CFR 0.91, 0.291, and 1.3, that 47 CFR 54.1711 of
the Commission's rules is waived to the extent provided herein.
11. It is further ordered, that pursuant to Sec. 1.102(b)(1) of
the Commission's rules, 47 CFR 1.102(b)(1), this Order shall be
effective upon release.
12. The amended rule adopted in the Order and contained in the
following constitutes a rule of agency organization, procedure and
practice and is not subject to the APA requirements pursuant to 5
U.S.C. 553(b)(3)(A). Accordingly, this amended rule is effective upon
publication in the Federal Register.
List of Subjects in 47 CFR Part 54
Communications common carriers, Health facilities, Infants and
children, Internet, Libraries, Puerto Rico, Reporting and recordkeeping
requirements, Schools, Telecommunications, Telephone, Virgin Islands.
[[Page 70985]]
Federal Communications Commission.
Cheryl Callahan
Assistant Chief, Telecommunications Access Policy Division, Wireline
Competition Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 54 as follows:
PART 54--UNIVERSAL SERVICE
0
1. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
229, 254, 303(r), 403, 1004, 1302, and 1601-1609, unless otherwise
noted.
0
2. Amend 54.1711 by revising paragraph (e) to read as follows:
Sec. 54.1711 Emergency Connectivity Fund requests for reimbursement.
* * * * *
(e) Service delivery date. For the initial filing window set forth
in Sec. 54.1708(b) and any subsequent filing windows covering funding
for purchases made between July 1, 2021 and June 30, 2022, the service
delivery date for equipment, other non-recurring services, and
recurring services is June 30, 2022.
[FR Doc. 2021-26921 Filed 12-13-21; 8:45 am]
BILLING CODE 6712-01-P
