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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules
and Governmental Affairs Bureau at 202 4180530
SUPPLEMENTARY INFORMATION: This is a summary of the Bureaus Public Notice in WC Docket No. 2131; DA 2198, released on February 1, 2021. Due to the COVID19 pandemic, the Commissions headquarters will be closed to the general public until further notice. See FCC Announces Closure of FCC
Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20304 March 19, 2020.
https www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. The full text of this document is available at the following internet address: https
www.fcc.gov/document/fcc-seekscomment-using-e-rate-funding-supportremote-learning.
Proceedings in this document shall be treated as a permit-but-disclose proceeding in accordance with the Commissions ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation unless a different deadline applicable to the Sunshine period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206b. In proceedings governed by rule 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants
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in these proceedings should familiarize themselves with the Commissions ex parte rules.
The COVID19 pandemic has underscored the critical need for broadband connections for millions of Americans, including students and teachers across the country. To mitigate the spread of the disease, schools and libraries have shut their doors and transitioned to remote learning and virtual services, either in whole or in part, leaving those students who found themselves caught in the Homework Gap before the pandemic facing extraordinary hardship and at risk of being unable to participate in any virtual studies.
As a result of the impact of the COVID19 pandemic on schools and libraries, the Commission has received at least 11 petitions for emergency relief from parties asking the FCC to permit the use of E-Rate program funds to support remote learning during this unprecedented public health emergency collectively, Petitions. By this document, the Bureau seeks comment on those Petitions. In so doing, the Bureau highlights three of the petitions, that together raise most of the issues covered by other Petitioners: A petition filed by a coalition of E-Rate stakeholders led by the Schools, Health & Libraries Broadband SHLB Coalition, a petition for waiver filed on behalf of the State of Colorado and one filed by the State of Nevada, the Nevada State Board of Education, and the Nevada Department of Education.
As the pandemic continues to force schools and libraries across the country to remain closed and rely on remote learning and virtual services, either in whole or in part, the need for broadband connectionsparticularly for those students, teachers, staff, and patrons that lack an adequate connection at homeis more critical than ever.
Eligible schools and libraries explain that they are hampered in their ability to address the connectivity needs brought on, and in many cases exacerbated, by COVID19 because of the restrictions on off-campus use of ERate-funded services and facilities. Last spring, as the COVID19 pandemic forced schools and libraries to grapple with the challenges of transitioning to remote learning, the FCC began to receive requests for emergency relief aimed at ensuring that all students have sufficient connectivity at home. Below, the Bureau summarizes three petitions, which reflect the experience of schools and libraries dealing with many months of remote learning.
Most recently, a coalition of stakeholders led by SHLB filed a
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petition for declaratory ruling and waivers asking the FCC to allow E-Ratefunded services and equipment to be used off-campus to enable remote learning for the duration of the pandemic. SHLB urges the Bureau, on delegated authority, to declare that during the pandemic, remote learning meets the standard of serving an educational purpose and thus, any off-campus use does not need to be removed from funding requests. SHLB
also proposes opening a separate Remote Learning Application Filing Window to allow applicants to file new or revised requests for additional ERate funds for off-campus services and equipment that facilitate remote learning during funding years 2020 and 2021. SHLB recommends that the FCC
provide unused E-Rate funds to support these Remote Learning applications and use the existing E-Rate discount methodologies to prioritize funding.
SHLB further requests a waiver of ERate program rules, including the competitive bidding, application, and eligible services rules to facilitate the Remote Learning Application Filing Window.
Last fall, Colorado filed a petition requesting waiver of the prohibition on the use of E-Rate funds and E-Ratefunded facilities and services to allow schools to extend their broadband internet connectivity to students who lack adequate internet connectivity at home, and the requirement to costallocate such off-campus use. Colorado explains that temporarily waiving the restrictions on off-campus use of E-Ratesupported equipment and services is consistent with the Communications Act, which requires the Commission to provide support for services that are essential to education, public health, or public safety and are consistent with the public interest, convenience, and necessity. Colorado further explains that because the school classroom has shifted from a shared physical space to a virtual space during the pandemic, the Commission can and should waive the E-Rate program requirements accordingly to provide students with the broadband internet connectivity needed to fully engage in remote learning.
Colorado contends that the FCC can rely on the same statutory authority to allow schools to extend connectivity to students homes that the Commission relied on to establish the Connected Care Pilot Program, which funds the purchase of internet access service for participating telehealth patients remote use.
Last summer, Nevada filed a request for waiver of the restrictions on the use of E-Rate-funded broadband
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