Emergency Connectivity Fund Program

In section 7402 of the American Rescue Plan Act (Act), Congress established a $7.171 billion Emergency Connectivity Fund (ECF) in the U.S. Treasury and directed the Federal Communications Commission (FCC or Commission) not later than 60 days after en

[This program is no longer making new awards; however, financial reporting on outstanding expenditures is still ongoing.] The purpose of this Emergency Connectivity Fund award is to provide financial assistance for remote learning during the COVID-19 emergency period to fund the reasonable costs of eligible devices and broadband connections for use at locations including locations other than a school or library. Intended beneficiaries are eligible schools and libraries, including Tribal entities, as well as consortia of eligible schools and libraries, to support their students, school staff, and library patrons who otherwise lack access to connected devices and/or broadband connections sufficient to engage in remote learning.

All schools, libraries, and consortia of schools and libraries that are eligible for support under the schools and libraries universal service support mechanism (also known as the E-Rate Program) are eligible to request and receive support through the ECF Program. The Program uses the same definitions of "elementary school," "secondary school," "library," and "library consortium" used in the E-Rate rules. Consistent with the Library Services and Technology Act (LSTA), Tribal libraries which are by statute eligible for support from state library administrative agencies under the LSTA, are eligible for support from the Fund.

For the information collections required under the ECF Program, the FCC requested and has received emergency authorization from the Office of Management and Budget (OMB) for a new information collection entitled "Establishing the Emergency Connectivity Fund Program" (OMB Control No. 3060-1286) on May 20, 2021.3060-1286) on May 20, 2021. The information collection (OMB Control No. 3060-1286) was subsequently extended without change by OMB on October 26, 2021 and will expire on October 31, 2024, if not renewed. The following forms are required: ECF Form 471 (program application form): Emergency Connectivity Fund - Description of Services Requested and Certification, ECF Forms 472 or 473 (applicant and service provider reimbursement request forms): Emergency Connectivity Fund Program Request for Reimbursement ; and Emergency Connectivity Fund Post-Commitment Change Request. Program applicants must file an application form (ECF FCC Form 471) to provide information for program reviewers to determine whether the applicant's funding request meets program requirements and is eligible to receive a funding commitment. Requests must be made by eligible entities, for eligible services and equipment, to be used at eligible locations, and for eligible purposes according to ECF Program rules and the requirements of the ECF Program order (FCC 21-58). Eligibility to receive funding commitments from the ECF Program is based on an applicant's submission of required information and certifications. To implement the program prohibition on requesting or receiving duplicative funding, applicants will be required to provide certifications on ECF Program forms that they are not seeking support or reimbursement for eligible equipment or services that have been purchased and reimbursed with other federal funding (e.g., CARES Act, Emergency Broadband Benefit Program; targeted state funding; other external sources of targeted funding; or eligible for discounts through the E-Rate or other Universal Service Fund (USF) programs). Because the ECF Program is targeting unmet needs, schools and libraries must provide certifications on their funding applications that they are seeking support for eligible equipment and services to be provided to students, school staff, and library patrons who would otherwise lack access to connected devices and/or broadband services sufficient to engage in remote learning. Libraries must also receive from patrons a signed statement that the patron would otherwise lack access to equipment or services sufficient to meet the patron's educational needs if not for the use of the equipment or services provided by the library. Other required program certifications target the issues of Children's Internet Protection Act (CIPA) compliance, compliance with state, local and Tribal procurement requirements, service provider payment verifications, eligibility of equipment and services and that they have been received/delivered prior to invoicing, and the maintenance of asset inventories (applicants are required to maintain asset and service inventories). An applicant's filing and subsequent funding commitment(s) does not guarantee that the applicant will receive an ECF Program reimbursement. Applicants and service providers who agree to invoice on behalf of applicants must file all required invoicing forms (ECF Forms 472 or 474), supporting documentation, and certifications to receive reimbursement. ECF applicants who only use the service provider invoicing (SPI) method and do not receive any direct disbursements are not required to register in SAM.gov or obtain a unique entity identifier (UEI) number. ECF applicants and service providers who invoice through the billed entity applicant (BEAR) or SPI invoice methods are required to register in SAM.gov and obtain a UEI number to receive direct disbursements through the programs.

ECF Program support reimburses 100 percent of the reasonable costs associated with the purchase of eligible equipment, advanced telecommunications and information services, or eligible equipment and advanced telecommunications and information services, subject to certain program caps on services and devices. Program applicants may only seek support and claim reimbursement for support according to the ECF Program rules and requirements set forth in the Commission's ECF Program Order (FCC 21-58).

The Emergency Connectivity Fund was established by Congress in the United States Treasury through an appropriation of $7.171 billion, to remain available until September 30, 2030. Support from the ECF Program is available until the program funds are exhausted or until September 30, 2030.

To clarify the statement above, only Subpart A- Acronyms and Definitions, Subpart B- General Provisions, Subparts C-D (specifically 2 CFR § 200.203 - Requirement to provide public notice of Federal financial assistance programs; 2 CFR § 200.303 Internal controls; and 2 CFR §§ 200.331-333 Subrecipient Monitoring and Management); and Subpart F - Audit Requirements apply to this program. The first and second application filing windows allowed eligible schools and libraries to submit requests for funding to purchase eligible equipment and services received or delivered between July 1, 2021 and June 30, 2022. For the third application filing window, eligible schools and libraries were able to submit requests for funding to purchase eligible equipment and up to 12 months of recurring services to be provided between July 1, 2022, and December 31, 2023. There is not a separate FCC-mandated competitive bidding process required for applicants prior to submitting applications for funding. However, in their applications, applicants must certify that they have complied with all applicable local, state, and Tribal procurement requirements with respect to both previous purchases and future purchases and contracts. This requires schools and libraries that are not subject to public procurement rules to follow their own procurement process and rules, such as those that may be included in a written charter. Each applicant seeking funding is required to file all required forms, information, and certifications in the ECF Program Portal. The Act provides that USAC, the administrator of all of the FCC's Universal Service Fund (USF) programs, is to administer the regulations adopted pursuant to section 7402, under the oversight of the Commission.

After their applications undergo an ECF Program review, applicants will receive Funding Commitment Decision Letters providing the amount of their funding commitments or denying their applications. Approved funding decisions authorize 100 percent reimbursement of the reasonable costs of eligible services and equipment up to caps on certain equipment or services named in the FCC's Report and Order. The FCC adopted per-device caps based on a reasonable support amount, up to which an applicant may receive support. For connected devices, the reasonable, maximum support amount is $400 per device. The FCC adopted $250 as the reasonable, maximum reasonable support amount for a Wi-Fi hotspot provided to a student, school staff member, or library patron, based on advertised costs for Wi-Fi hotspots. If demand should exceed available funds, the FCC will prioritize requests for that application filing window based on applicants' E-Rate Program discount matrix for category one services, adjusted to provide a five percent boost for rural schools and libraries. The E-Rate Program discount matrix governs the amount of funding eligible schools, libraries, and consortia are eligible to receive based on the percent of students in the school district eligible for the National Free and Reduced School Lunch Program and whether the entity is located in a rural or urban area. Those schools and libraries entitled to a higher discount will be prioritized and receive funding ahead of those entitled to a lower discount rate in the event there is insufficient funding to meet demand.

The application filing windows to apply for program funding are now closed.

The FCC has not set a specific date range for funding decisions but has set ECF Program targets to encourage efficient distribution of funding. It set targets for USAC to issue funding decision commitment letters for 50% of the workable applications within 60 days of the close of the first application window and 70% of the workable applications within 100 days of the close of the first application filing window. The term "workable application" refers to a funding request that is filed timely and is complete, with all necessary information, to enable a reviewer to make the appropriate funding decision, and the associated applicant, provider, and any consultants are not subject to investigation, audit, or other similar reason for delay in a funding decision. This is consistent with the way the term is currently used in the E-Rate Program. The Commission issued the first wave of ECF Program funding commitments for over $1.2 billion on September 24, 2021. The Commission has continued to issue ECF Program commitment waves on a rolling basis and will continue to do so until all funding commitment decisions are made for the applications that can be funded, in light of demand exceeding available funds during the third application filing window.

An appeal of an ECF Program decision or request for waiver of the ECF Program rules must be filed within 30 days of the date of an action or decision by USAC. Decisions made by the Wireline Competition Bureau (WCB) on delegated authority may be appealed to the full Commission if they are submitted within 30 days of the date of WCB's decision.