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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations
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subsidies continue to assist students and library patrons in getting access to essential communication and broadband services without applicants and service providers facing unfair obstacles when submitting claims for reimbursement.
II. Discussion 4. The Commission amends the rules to provide greater flexibility to applicants and service providers by providing them 120 days to submit an invoice after USAC issues a Revised Funding Commitment Decision Letter approving a post-commitment request or granting an appeal regarding a previously denied or reduced funding request. The Commission also extends the relief provided in the 2018 Invoicing Relief Order DA 18188 to applicants and service providers that were unable to invoice while awaiting a postcommitment decision from USAC and timely filed a request for waiver, regardless of whether they requested and received a one-time, 120-day invoice deadline extension. Finally, the Commission provides a one-time opportunity for program participants to seek a waiver if they have not previously done so if they can demonstrate that were unable to timely submit an invoice because they were awaiting a post-commitment decision.
These filings must demonstrate good cause to waive the 60-day waiver filing deadline.
5. Post-Commitment Invoice Period.
The Commission amends the E-Rate program rules to allow applicants and service providers to submit invoices for payment up to 120 days after USAC
issues a Revised Funding Commitment Decision Letter approving a postcommitment request or granting an appeal of a previously denied or reduced funding request. The Commission did not fully consider all of the potential scenarios that might affect an applicant or service providers ability to invoice when it codified the invoicing deadline in 2014. Such delays could be caused by technical issues or involve requests that include particularly complicated appeals or investigations. The Commission finds that providing applicants and service providers 120 days to invoice under these circumstances will not greatly delay the ability of the Commission or USAC to efficiently administer the program. Several members of the E-Rate community have requested the Commission take action, including the State E-Rate Coordinators Alliance SECA.
6. The Commission amends the rule now without notice and comment in accordance with the exception to the
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Administrative Procedure Act APA for procedural rules. This change in the rules will be effective February 11, 2021. Upon effectiveness, if USAC
grants an appeal or approves other postcommitment requests submitted by an applicant or service provider, it must provide applicants and service providers 120 days from the date of the resulting Revised Funding Commitment Decision Letter to complete invoicing.
7. The Commission limits the rule change to post-commitment requests or appeal decisions that result in a Revised Funding Commitment Decision Letter approving the request. Therefore, applicants or service providers appealing partially approved funding requests should submit invoices for the partial funding before the original invoice deadline expires because USAC
will not provide additional time to invoice if the appeal is denied.
8. Relief for Program Participants Outside the Scope of the 2018 Invoicing Relief Order. The Commission waives the existing invoicing rule for any applicant or service provider that was unable to invoice while awaiting a postcommitment decision and filed a pending request for waiver of this rule with the Wireline Competition Bureau Bureau for funding year 2016, regardless of whether the applicant or service provider requested and received a one-time, 120-day invoice deadline extension. The Commissions rules may be waived for good cause shown. The Commission finds, as in the 2018
Invoicing Relief Order, that the circumstances here require a waiver of the invoicing rules because the applicants and service providers made nearly every attempt to comply with the invoice deadline rules, but were blocked from timely completing the invoicing process because a predicate request or function had not been completed or could not be completed by USACs systems.
9. The Commission also directs the Bureau to extend this relief to any applicant or service provider that similarly faced this issue and filed a pending request for waiver of this rule due to a post-commitment request approval or a successful appeal decision received after the invoice deadline for funding years 20142015 and funding year 2017 or later. Because all of these applicants and service providers had approved funding commitments and were unable to take the last step to file invoices due to circumstances outside of their control, there are no concerns about waste, fraud, or abuse. The Commission therefore directs the Bureau to evaluate and grant these pending waiver requests on a case-by-

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case basis consistent with the Order. For program participants that receive a waiver, the Commission directs USAC
to issue a Revised Funding Commitment Decision Letter and provide 120 days from the issuance of that letter for applicants or service providers to submit or resubmit invoices.
10. Finally, the Commission recognizes that there may be other applicants and service providers that faced the same circumstances as the others granted relief in the Order but did not file a waiver request with the Commission. To ensure that similar facts lead to similar outcomes, other applicants or service providers facing similar circumstances may request within 60 days from February 11, 2021, a waiver demonstrating that they were unable to timely invoice due to a delay in the processing of a post-commitment change or resolution of a successful appeal decision for funding years 2014
or later. The Commission finds that 60
days is an appropriate length of time to give applicants and service providers to file their waiver requests. The Commissions current rules require that appeals and waiver requests be submitted within this time frame, which provides petitioners an adequate opportunity to respond meaningfully to adverse decisions. Because these filings are likely being submitted beyond the 60-day time period for waiver requests, each pleading must contain an explanation of the reason they did not previously file a timely waiver request and, if the Bureau finds good cause, it should waive the filing deadline in 54.720a of the Commissions rules.
The Bureau is directed to evaluate and grant these waiver requests to the extent affected parties demonstrate that they were unable to submit timely invoices under the circumstances discussed in the Order and demonstrate good cause to waive the deadline to timely file a waiver request.
III. Procedural Matters A. Paperwork Reduction Act Analysis 11. This document does not contain any new or modified information collection requirements subject to PRA.
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 107198, see 44 U.S.C.
3506c4.
B. Congressional Review Act 12. The Commission will not send a copy of the Order to Congress and the
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