Establishing Emergency Connectivity Fund To Close the Homework Gap, 58509-58511 [2023-18464]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations
the Emergency Connectivity Fund (ECF)
program’s invoice filing deadline
submitted by T-Mobile USA, Inc. (TDated: August 18, 2023.
Mobile). The Bureau waives the Federal
Charles Smith,
Communications Commission’s
Director, Registration Division, Office of
(Commission) rules to provide an
Pesticide Programs.
automatic, one-time extension of the
Therefore, for the reasons stated in the invoicing filing deadline to October 30,
preamble, EPA is amending 40 CFR
2023, for any funding requests with an
chapter I as follows:
invoice filing deadline date occurring
before October 30, 2023. The Bureau
PART 180—TOLERANCES AND
finds that a one-time extension of the
EXEMPTIONS FOR PESTICIDE
invoice filing deadline for applicants
CHEMICAL RESIDUES IN FOOD
and service providers will provide them
with sufficient flexibility to complete
■ 1. The authority citation for part 180
and submit their invoicing forms and
continues to read as follows:
necessary supporting documentation to
Authority: 21 U.S.C. 321(q), 346a and 371.
the Universal Service Administrative
Company (USAC) and the Bureau
■ 2. In § 180.544, in paragraph (a)(1)
directs USAC to provide an automatic,
amend the table by:
one-time extension of the invoice filing
■ a. Adding in alphabetical order the
deadline to October 30, 2023, for any
entries ‘‘Coffee bean’’; ‘‘Sugar cane’’;
funding requests with an invoice filing
and ‘‘Sugar cane, molasses’’; and
deadline occurring before October 30,
■ b. Adding footnote 2 at the end of the
2023.
table.
The additions read as follows:
DATES: Effective August 28, 2023.
§ 180.544 Methoxyfenozide; tolerances for FOR FURTHER INFORMATION CONTACT:
Molly O’Conor, Wireline Competition
residues.
Bureau, (202) 418–7400 or by email at
(a) * * *
Molly.OConor@fcc.gov. The
(1) * * *
Commission asks that requests for
accommodations be made as soon as
TABLE 1 TO PARAGRAPH (a)(1)
possible in order to allow the agency to
satisfy such requests whenever possible.
Parts
per
Commodity
Send an email to fcc504@fcc.gov or call
million
the Consumer and Governmental Affairs
Bureau at (202) 418–0530.
*
*
*
*
*
SUPPLEMENTARY INFORMATION: This is a
2
Coffee bean ..............................
0.15
synopsis of the Bureau’s In the Matter
of Request for Waiver by T-Mobile USA,
*
*
*
*
*
Sugar cane 2 ...............................
0.03 Inc., Establishing Emergency
Sugar cane, molasses 2 ..............
0.1 Connectivity Fund to Close the
Homework Gap, Order in WC Docket
*
*
*
*
*
No. 21–93; DA 23–669, adopted August
14, 2023, and released August 14, 2023
*
*
*
*
*
2 There are no U.S. registrations as of Au(Order). The full text of this document
gust 28, 2023.
is available at the following internet
address: https://www.fcc.gov/document/
[FR Doc. 2023–18410 Filed 8–25–23; 8:45 am]
wcb-grants-limited-waiver-ecf-invoiceBILLING CODE 6560–50–P
filing-deadline.
and pests, Reporting and recordkeeping
requirements.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 21–93; DA 23–669; FR ID
164624]
lotter on DSK11XQN23PROD with RULES1
Establishing Emergency Connectivity
Fund To Close the Homework Gap
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau (Bureau)
grants a petition for limited waiver of
SUMMARY:
VerDate Sep<11>2014
17:47 Aug 25, 2023
Jkt 259001
I. Introduction
1. In the Order, the Bureau grants a
petition for limited waiver of the
Emergency Connectivity Fund (ECF)
program’s invoice filing deadline
submitted by T-Mobile USA, Inc.
Specifically, the Bureau waives
§ 54.1711(d) of the Commission’s rules
to provide an automatic, one-time
extension of the invoicing filing
deadline to October 30, 2023 for any
funding requests with an invoice filing
deadline date occurring before October
30, 2023. The Bureau recognizes that
many participants with a service
delivery deadline of June 30, 2023, or a
service delivery deadline that occurs
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
58509
shortly thereafter as a result of the
Bureau’s May 2023 Service Delivery
Deadline Extension Order, In the Matter
of Establishing Emergency Connectivity
Fund to Close the Homework Gap, WC
Docket No. 21–93, Order, rel. May 12,
2023, DA 23–405, 88 FR 36510 (June 5,
2023), may require additional time to
complete the invoicing process for
eligible equipment and services that
have already been delivered and
provided to students, school staff, and
library patrons with unmet needs. The
Bureau finds that a one-time extension
of the invoice filing deadline for
applicants and service providers with
an invoice filing deadline that falls
before October 30, 2023 (Affected
Participants), will provide them with
sufficient flexibility to complete and
submit their invoicing forms and
necessary supporting documentation to
USAC, the Administrator of the ECF
program, in order to receive their
committed funding. Accordingly, the
Bureau directs USAC to provide an
automatic, one-time extension of the
invoice filing deadline to October 30,
2023 for any funding requests with an
invoice filing deadline occurring before
October 30, 2023, and the Bureau
modifies § 54.1711(d) of the
Commission’s rules to provide 60 days
to submit invoices from the date of the
notification by USAC that a refund
request is processed by USAC.
II. Discussion
2. 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.
3. To ensure ECF program
participants can seek reimbursement for
all of their approved ECF funding used
to connect students, school staff, and
library patrons with unmet needs, the
Bureau finds good cause exists to waive
and extend the invoice filing deadline
until October 30, 2023, for applicants
and service providers with invoice filing
deadlines occurring before that date. In
addition, the Bureau also modifies
§ 54.1711(d) of the Commission’s rules
to allow invoices to be submitted within
60 days from the date that USAC issues
a notification that a refund request
submitted by an ECF participant has
been processed. In particular, the
Bureau recognizes that due to the
evolving and emergent nature of this
program, complexities in the invoicing
E:\FR\FM\28AUR1.SGM
28AUR1
lotter on DSK11XQN23PROD with RULES1
58510
Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations
process, and the impact of recent service
delivery deadline extensions provided
by the Bureau, some program
participants may have difficulty timely
submitting invoices by their current
invoice filing deadlines that fall before
October 30, 2023, despite every attempt
to comply with the program’s rules. The
Bureau also understands that at times,
ECF funds must be returned (e.g., to
correct entity information) and USAC
must process the refund request first,
before the party is able to submit a
corrected invoice for a funding request.
Furthermore, although the Commission
leveraged existing E-Rate processes and
forms in the ECF program, including
invoicing, the Bureau understands that
the ECF program has a shorter invoice
filing period than the E-Rate program
and that this is the first time some
applicants and service providers are
submitting invoices using USAC’s
system, the ECF Portal, altogether. The
Bureau also acknowledges the
coinciding timing of the invoicing
process for Affected Participants with
many schools’ summer vacations and
start of the school year. Taken together,
the Bureau finds that such factors have
contributed to the need for additional
time to file invoices and present
compelling and unique circumstances
that merit a waiver and modification of
§ 54.1711(d) of the Commission’s rules.
4. Moreover, The Bureau finds that a
waiver and modification of § 54.1711(d)
will not lead to any undue advantage in
funding as the Affected Participants will
not receive more funding than allowed
under the ECF program rules, and their
equipment and services have already
been received and delivered. In
addition, the Bureau finds that the
public interest would not be served
were these otherwise eligible ECF
participants to lose ECF funding for
eligible equipment and services needed
to connect students, school staff, and
library patrons with unmet needs who
otherwise are not able to fully engage in
remote learning because of their
inability to submit invoices by their
current invoice filing deadline or
because of the delay in the processing
of their refund request. Thus, the
Bureau finds that providing an
automatic, one-time extension of the
invoice filing deadline to October 30,
2023, for Affected Participants and a
modification of § 54.1711(d) to account
for the processing of refund requests
strikes the right balance between the
need for efficient administration of the
ECF program and allowing applicants
and service providers adequate time to
receive their approved and committed
ECF funding pursuant to the
VerDate Sep<11>2014
17:47 Aug 25, 2023
Jkt 259001
Commission’s rules. The Bureau
therefore grants T-Mobile’s request for
limited waiver and modification of
§ 54.1711(d) of the Commission’s rules,
and direct USAC to provide Affected
Participants with an automatic, onetime extension to submit their invoices
to USAC no later than October 30, 2023.
5. In granting the requested relief, the
Bureau emphasizes that the Order does
not extend ECF program participants’
service delivery deadlines, nor does it
alter the obligation of participants to
comply with the other program
requirements set out in the
Commission’s rules, including their
obligation to certify to receipt of eligible
equipment and/or services and that they
are not willfully or knowingly
requesting reimbursement for
equipment or services that are not being
used on their ECF FCC Forms 472 and
474 (i.e., the requests for
reimbursement). As such, the Bureau
reminds applicants that all eligible
equipment and services, including
funding requests for special
construction, must be delivered by their
service delivery date. The Bureau also
reminds 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.
6. This document does not contain
proposed information collection(s)
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
7. The Bureau also modifies
§ 54.1711(d) of the Commission’s rules
to reflect the updated invoice filing
deadline rule adopted herein. The
Bureau makes this change without
notice and comment in accordance with
the exception to the Administrative
Procedure Act (APA) for procedural
rules. The updated rule will become
effective August 28, 2023.
8. The Commission will not send a
copy of the Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A), because
the adopted rule is a rule of agency
organization, procedure, or practice that
does not ‘‘substantially affect the rights
or obligations of non-agency parties.’’
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
9. Finally, waiving the invoice filing
deadline does not increase the risk of
waste, fraud, or abuse. The Bureau
emphasizes that the Commission is
committed to protecting the integrity of
the ECF program and ensuring that
funds disbursed through the program
are used for their intended purposes to
provide broadband connectivity and
connected devices to students, school
staff, and library patrons with unmet
needs. Although the Bureau grants a
limited waiver of the Commission’s
invoice filing deadline for certain ECF
funding requests, 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. The Commission is also
required to recover funds determined to
be disbursed in violation of statutory
and/or rule 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 § 54.1711(d) of the
Commission’s rules, 47 CFR 54.1711(d),
is waived and amended 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), the Order
shall be effective upon release.
12. The amended rule adopted in the
Order constitutes a rule of agency
organization, procedure and practice
and is not subject to the Administrative
Procedure Act requirements.
Accordingly, this amended rule is
effective August 28, 2023.
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.
Federal Communications Commission.
Jodie Griffin,
Chief, Telecommunications Access Policy
Division, Wireline Competition Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 54 as
follows:
E:\FR\FM\28AUR1.SGM
28AUR1
Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations
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, 1601–1609, and 1752, unless
otherwise noted.
2. Revise § 54.1711(d) to read as
follows:
■
§ 54.1711 Emergency Connectivity Fund
requests for reimbursement.
*
*
*
*
*
(d) Invoice filing deadline. Invoices
must be submitted to the Administrator
within 60 days from the date of a
funding commitment decision letter; a
revised funding commitment decision
letter approving a post-commitment
change or a successful appeal of a
previously denied or reduced funding;
notification by the Administrator of a
processed returned funds (or refund)
request; or service delivery date,
whichever is later.
*
*
*
*
*
[FR Doc. 2023–18464 Filed 8–25–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 230822–0202]
RIN 0648–BH85
Endangered and Threatened Species:
Designation of Nonessential
Experimental Populations of Chinook
Salmon Upstream of Shasta Dam,
Authorization for Release, and
Adoption of Limited Protective
Regulations Under the Endangered
Species Act Sections 10(j) and 4(d)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; notification of
availability of a final environmental
assessment.
AGENCY:
We, NMFS, designate and
authorize the release of nonessential
experimental populations (NEPs or
experimental populations) of
Sacramento River (SR) winter-run
Chinook salmon (Oncorhynchus
tshawytscha) and Central Valley (CV)
spring-run Chinook salmon (O.
tshawytscha) in the McCloud and Upper
Sacramento Rivers upstream of Shasta
Dam (the NEP Area), California, and,
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:47 Aug 25, 2023
Jkt 259001
under the Endangered Species Act
(ESA), establish a limited set of take
exceptions for the experimental
populations. Successful reintroduction
of populations within the species’
historical ranges will contribute to
viability and further conservation of
these species. The issuance of limited
protective regulations for the
conservation of these species will
provide assurances regarding the
regulatory provisions of the ESA as they
apply to SR winter-run and CV springrun Chinook salmon to the people in the
Upper Sacramento River and McCloud
River watersheds. This final rule also
announces the availability of a final
environmental assessment (EA) that
analyzed the environmental impacts of
promulgating the experimental
population rule and associated take
exceptions.
DATES: The final rule is effective
September 27, 2023.
ADDRESSES: The final Environmental
Assessment and other reference
materials can be obtained at NMFS’
National Environmental Policy Act
(NEPA) website at: https://
www.westcoast.fisheries.noaa.gov/
publications/nepa/nepa_
documents.html or by submitting a
request to the Assistant Regional
Administrator, California Central Valley
Office, West Coast Region, NMFS, 650
Capitol Mall, Suite 5–100, Sacramento,
CA 95814.
FOR FURTHER INFORMATION CONTACT:
Steve Edmondson, steve.edmondson@
noaa.gov or by phone at (916) 930–3600,
or by mail at National Marine Fisheries
Service, 650 Capitol Mall, Suite 5–100,
Sacramento, CA 95814.
SUPPLEMENTARY INFORMATION:
Background Information Relevant to
Experimental Population Designation
NMFS listed the SR winter-run
Chinook salmon Evolutionarily
Significant Unit (ESU) as endangered
under the ESA, 16 U.S.C. 1531 et seq.,
on January 4, 1994 (59 FR 440) and
reaffirmed this status on June 28, 2005
(70 FR 37159), and 5-year reviews
announced on August 15, 2011 (76 FR
50448), April 14, 2014 (79 FR 20802),
and May 26, 2016 (81 FR 33468).
Section 9 of the ESA prohibits take of
the endangered SR winter-run Chinook
salmon. The State of California listed SR
winter-run Chinook salmon as
endangered in 1989 under the California
Endangered Species Act (CESA). The
federally listed ESU is composed of a
single population that includes all
naturally spawned SR winter-run
Chinook salmon in the Sacramento
River and its tributaries (70 FR 37160,
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
58511
June 28, 2005), as well as SR winter-run
Chinook salmon that are part of the
conservation hatchery program at the
Livingston Stone National Fish
Hatchery (NFH). Designated critical
habitat of SR winter-run Chinook
salmon (58 FR 33212, June 16, 1993)
includes: (1) the Sacramento River from
Keswick Dam, Shasta County (River
Mile (RM) 302) to Chipps Island (RM 0)
at the westward margin of the delta; (2)
all waters from Chipps Island westward
to Carquinez Bridge, including Honker
Bay, Grizzly Bay, Suisun Bay, and
Carquinez Strait; (3) all waters of San
Pablo Bay westward of the Carquinez
Bridge; and (4) those waters north of
San Francisco-Oakland Bay Bridge.
NMFS listed the CV spring-run
Chinook salmon ESU as threatened
under the ESA on September 16, 1999
(64 FR 50394), and reaffirmed this status
in a final rule on June 28, 2005 (70 FR
37160), and 5-year reviews announced
on August 15, 2011 (76 FR 50447), and
May 26, 2016 (81 FR 33468). The listed
ESU of CV spring-run Chinook salmon
currently includes all naturally
spawned populations of spring-run
Chinook salmon in the Sacramento
River and its tributaries, as well as the
spring-run Chinook salmon from the
Feather River Hatchery (FRH) springrun Chinook salmon program. On
January 9, 2002 (67 FR 1116), NMFS
issued protective regulations under
section 4(d) of the ESA for CV springrun Chinook salmon that apply the take
prohibitions of section 9(a)(1) of the
ESA except for listed exceptions (see 50
CFR 223.203). Critical habitat has been
designated for CV spring-run Chinook
salmon (70 FR 52488, September 2,
2005), and includes most of the
occupied riverine habitat within their
extant range. CV spring-run Chinook
salmon are also listed as a threatened
species by the State of California under
CESA, California Fish and Game Code,
Division 3, Chapter 1.5.
In 2014, we adopted a final recovery
plan for the SR winter-run and CV
spring-run Chinook salmon ESUs (79 FR
42504, July 22, 2014). The Central
Valley Recovery Plan identifies reestablishing populations of SR winterrun and CV spring-run Chinook salmon
above impassable barriers to
unoccupied historical habitats as an
important recovery action (NMFS 2014).
More specifically, the Central Valley
Recovery Plan explains that reestablishing populations above
impassable barriers, such as Shasta
Dam, would aid in recovery of the ESUs
by increasing abundance, spatial
structure and diversity and by reducing
the risk of extinction to the ESUs.
E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58509-58511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18464]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 21-93; DA 23-669; FR ID 164624]
Establishing Emergency Connectivity Fund To Close the Homework
Gap
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
grants a petition for limited waiver of the Emergency Connectivity Fund
(ECF) program's invoice filing deadline submitted by T-Mobile USA, Inc.
(T-Mobile). The Bureau waives the Federal Communications Commission's
(Commission) rules to provide an automatic, one-time extension of the
invoicing filing deadline to October 30, 2023, for any funding requests
with an invoice filing deadline date occurring before October 30, 2023.
The Bureau finds that a one-time extension of the invoice filing
deadline for applicants and service providers will provide them with
sufficient flexibility to complete and submit their invoicing forms and
necessary supporting documentation to the Universal Service
Administrative Company (USAC) and the Bureau directs USAC to provide an
automatic, one-time extension of the invoice filing deadline to October
30, 2023, for any funding requests with an invoice filing deadline
occurring before October 30, 2023.
DATES: Effective August 28, 2023.
FOR FURTHER INFORMATION CONTACT: Molly O'Conor, Wireline Competition
Bureau, (202) 418-7400 or by email at [email protected]. The
Commission asks that requests for accommodations be made as soon as
possible in order to allow the agency to satisfy such requests whenever
possible. Send an email to [email protected] or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Bureau's In the
Matter of Request for Waiver by T-Mobile USA, Inc., Establishing
Emergency Connectivity Fund to Close the Homework Gap, Order in WC
Docket No. 21-93; DA 23-669, adopted August 14, 2023, and released
August 14, 2023 (Order). The full text of this document is available at
the following internet address: https://www.fcc.gov/document/wcb-grants-limited-waiver-ecf-invoice-filing-deadline.
I. Introduction
1. In the Order, the Bureau grants a petition for limited waiver of
the Emergency Connectivity Fund (ECF) program's invoice filing deadline
submitted by T-Mobile USA, Inc. Specifically, the Bureau waives Sec.
54.1711(d) of the Commission's rules to provide an automatic, one-time
extension of the invoicing filing deadline to October 30, 2023 for any
funding requests with an invoice filing deadline date occurring before
October 30, 2023. The Bureau recognizes that many participants with a
service delivery deadline of June 30, 2023, or a service delivery
deadline that occurs shortly thereafter as a result of the Bureau's May
2023 Service Delivery Deadline Extension Order, In the Matter of
Establishing Emergency Connectivity Fund to Close the Homework Gap, WC
Docket No. 21-93, Order, rel. May 12, 2023, DA 23-405, 88 FR 36510
(June 5, 2023), may require additional time to complete the invoicing
process for eligible equipment and services that have already been
delivered and provided to students, school staff, and library patrons
with unmet needs. The Bureau finds that a one-time extension of the
invoice filing deadline for applicants and service providers with an
invoice filing deadline that falls before October 30, 2023 (Affected
Participants), will provide them with sufficient flexibility to
complete and submit their invoicing forms and necessary supporting
documentation to USAC, the Administrator of the ECF program, in order
to receive their committed funding. Accordingly, the Bureau directs
USAC to provide an automatic, one-time extension of the invoice filing
deadline to October 30, 2023 for any funding requests with an invoice
filing deadline occurring before October 30, 2023, and the Bureau
modifies Sec. 54.1711(d) of the Commission's rules to provide 60 days
to submit invoices from the date of the notification by USAC that a
refund request is processed by USAC.
II. Discussion
2. 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.
3. To ensure ECF program participants can seek reimbursement for
all of their approved ECF funding used to connect students, school
staff, and library patrons with unmet needs, the Bureau finds good
cause exists to waive and extend the invoice filing deadline until
October 30, 2023, for applicants and service providers with invoice
filing deadlines occurring before that date. In addition, the Bureau
also modifies Sec. 54.1711(d) of the Commission's rules to allow
invoices to be submitted within 60 days from the date that USAC issues
a notification that a refund request submitted by an ECF participant
has been processed. In particular, the Bureau recognizes that due to
the evolving and emergent nature of this program, complexities in the
invoicing
[[Page 58510]]
process, and the impact of recent service delivery deadline extensions
provided by the Bureau, some program participants may have difficulty
timely submitting invoices by their current invoice filing deadlines
that fall before October 30, 2023, despite every attempt to comply with
the program's rules. The Bureau also understands that at times, ECF
funds must be returned (e.g., to correct entity information) and USAC
must process the refund request first, before the party is able to
submit a corrected invoice for a funding request. Furthermore, although
the Commission leveraged existing E-Rate processes and forms in the ECF
program, including invoicing, the Bureau understands that the ECF
program has a shorter invoice filing period than the E-Rate program and
that this is the first time some applicants and service providers are
submitting invoices using USAC's system, the ECF Portal, altogether.
The Bureau also acknowledges the coinciding timing of the invoicing
process for Affected Participants with many schools' summer vacations
and start of the school year. Taken together, the Bureau finds that
such factors have contributed to the need for additional time to file
invoices and present compelling and unique circumstances that merit a
waiver and modification of Sec. 54.1711(d) of the Commission's rules.
4. Moreover, The Bureau finds that a waiver and modification of
Sec. 54.1711(d) will not lead to any undue advantage in funding as the
Affected Participants will not receive more funding than allowed under
the ECF program rules, and their equipment and services have already
been received and delivered. In addition, the Bureau finds that the
public interest would not be served were these otherwise eligible ECF
participants to lose ECF funding for eligible equipment and services
needed to connect students, school staff, and library patrons with
unmet needs who otherwise are not able to fully engage in remote
learning because of their inability to submit invoices by their current
invoice filing deadline or because of the delay in the processing of
their refund request. Thus, the Bureau finds that providing an
automatic, one-time extension of the invoice filing deadline to October
30, 2023, for Affected Participants and a modification of Sec.
54.1711(d) to account for the processing of refund requests strikes the
right balance between the need for efficient administration of the ECF
program and allowing applicants and service providers adequate time to
receive their approved and committed ECF funding pursuant to the
Commission's rules. The Bureau therefore grants T-Mobile's request for
limited waiver and modification of Sec. 54.1711(d) of the Commission's
rules, and direct USAC to provide Affected Participants with an
automatic, one-time extension to submit their invoices to USAC no later
than October 30, 2023.
5. In granting the requested relief, the Bureau emphasizes that the
Order does not extend ECF program participants' service delivery
deadlines, nor does it alter the obligation of participants to comply
with the other program requirements set out in the Commission's rules,
including their obligation to certify to receipt of eligible equipment
and/or services and that they are not willfully or knowingly requesting
reimbursement for equipment or services that are not being used on
their ECF FCC Forms 472 and 474 (i.e., the requests for reimbursement).
As such, the Bureau reminds applicants that all eligible equipment and
services, including funding requests for special construction, must be
delivered by their service delivery date. The Bureau also reminds
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.
6. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
7. The Bureau also modifies Sec. 54.1711(d) of the Commission's
rules to reflect the updated invoice filing deadline rule adopted
herein. The Bureau makes this change without notice and comment in
accordance with the exception to the Administrative Procedure Act (APA)
for procedural rules. The updated rule will become effective August 28,
2023.
8. The Commission will not send a copy of the Order to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rule is a
rule of agency organization, procedure, or practice that does not
``substantially affect the rights or obligations of non-agency
parties.''
9. Finally, waiving the invoice filing deadline does not increase
the risk of waste, fraud, or abuse. The Bureau emphasizes that the
Commission is committed to protecting the integrity of the ECF program
and ensuring that funds disbursed through the program are used for
their intended purposes to provide broadband connectivity and connected
devices to students, school staff, and library patrons with unmet
needs. Although the Bureau grants a limited waiver of the Commission's
invoice filing deadline for certain ECF funding requests, 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. The Commission is also required to recover funds
determined to be disbursed in violation of statutory and/or rule
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 Sec. 54.1711(d)
of the Commission's rules, 47 CFR 54.1711(d), is waived and amended 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), the Order shall be
effective upon release.
12. The amended rule adopted in the Order constitutes a rule of
agency organization, procedure and practice and is not subject to the
Administrative Procedure Act requirements. Accordingly, this amended
rule is effective August 28, 2023.
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.
Federal Communications Commission.
Jodie Griffin,
Chief, Telecommunications Access Policy Division, Wireline Competition
Bureau.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 54 as follows:
[[Page 58511]]
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, 1601-1609, and 1752, unless
otherwise noted.
0
2. Revise Sec. 54.1711(d) to read as follows:
Sec. 54.1711 Emergency Connectivity Fund requests for reimbursement.
* * * * *
(d) Invoice filing deadline. Invoices must be submitted to the
Administrator within 60 days from the date of a funding commitment
decision letter; a revised funding commitment decision letter approving
a post-commitment change or a successful appeal of a previously denied
or reduced funding; notification by the Administrator of a processed
returned funds (or refund) request; or service delivery date, whichever
is later.
* * * * *
[FR Doc. 2023-18464 Filed 8-25-23; 8:45 am]
BILLING CODE 6712-01-P
