FCC Announces Proposed Rulemakings on CIPA and E-Rate Program Integrity
Hello E-Rate Community,
You may have already heard that the FCC has released two E-Rate NPRMs — a Notice of Proposed Rulemaking and a Further Notice of Proposed Rulemaking for “Ensuring Children’s Safe Use of Screens and E-Rate-Funded Services” and “Promoting Fair and Open Competitive Bidding in the E-Rate Program.” The final Notices (FCC-26-41), will become effective after publication in the Federal Register.
In a press release summarizing these actions, the FCC indicated that the proceedings:
- Aim to empower parents and better protect children when using networks and services eligible for discounts under the FCC’s E-Rate program, including by limiting screen time
- Seek to ensure that E-Rate-funded networks and services are being used for educational purposes, while also strengthening E-Rate program integrity and streamlining program administration to support learning opportunities.
The first Notice of Proposed Rulemaking (“NPRM”) would:
- Seek comment on whether the E-Rate program should be narrowed or reoriented to meet the policy goals Congress intended when it established the program.
- Seek comment on actions to ensure the E-Rate program advances student learning outcomes and better protects the online safety of children when using E-Rate-funded networks and services, including by limiting screen time.
- Seek comment on whether E-Rate-funded networks are being used for educational purposes.
- Seek comment on whether the Commission’s current interpretation of the Children’s Internet Protection Act (CIPA) is the best reading of that statute and whether existing CIPA requirements sufficiently protect children from inappropriate and harmful content when using school and library computers to access E-Rate-funded networks and services.
- Seek comment on potential legal and policy considerations for assessing children’s screen time and protecting children and empowering parents, guardians, and teachers in decision-making involving children’s access to E-Rate funded networks and services.
A second Further Notice of Proposed Rulemaking (“FNPRM”) would:
- Propose actions to strengthen program integrity by increasing oversight over consultants, including requiring annual disclosures and certification, creating a registration system, and prohibiting certain fee arrangements.
- Propose measures to streamline administrative processes, including establishing a June 30th deadline for submission of the FCC Form 473, modifying the FCC Form 479 submission requirements, and requiring all contracts to be signed after the allowable contract date.
- Propose to sunset and delete certain Emergency Connectivity Fund (“ECF”) program rules from the Code of Federal Regulations.
Initial comments on these proposed rules are due 60 days after the FCC’s adoption and publication in the Federal Register. Reply comments will be due another 30 days thereafter.
- Based on the NPRM, there are two areas in which we may see pullbacks in E-Rate funding:
- Given the availability of other funding sources for broadband infrastructure — e.g., BEAD funding — funding for self-provisioned and special construction projects may be reduced, particularly in urban areas where broadband services are more widely available and where the building of new E-Rate networks might be considered duplicative.
- Widespread concern about the use and effectiveness of internet services for younger students could limit such funding for Pre-K and Head Start schools. The FCC recently requested and received funding data for these entities for FY 2025, which included $15.5 million for Head Start Schools and $43.9 million for Private and Public Pre-K schools.
- There is concern among parents and in Congress about the potentially detrimental impact of excess screen time on children. Many schools have already banned the use of personal cellphones during class time. The NPRM includes footnotes citing studies of the negative impact of excessive use of educational technologies.* One NPRM outcome reflecting these concerns may be the tightening of CIPA rules and certifications.
- The FCC is also concerned with the role of consultants in the E-Rate application process, noting their role in several recent findings of fraud. The FCC proposes to:
- Define a “consultant” for purposes of E-Rate.
- Require annual compliance certifications similar to those required for service providers.
- Create a consultant registration system for firms and their individual consultants.
- Prohibit percentage-based fee arrangements, which could incentivize excessive funding requests if not properly structured, and clarify document retention requirements.
- The FCC also proposes to further streamline E-Rate administration and application review, including:
- Stricter requirements for signed contracts.
- Formalization of the service substitution process.
- Establishing a June 30th deadline for the completion of the Service Provider Annual Certification (“SPAC”) Form 473.
- Added certifications on consortium member Form 479s with a submission deadline preceding a consortium’s Form 471.
- Additional certifications on most other E-Rate forms.
- Reconsideration of the eligibility of Managed Internal Broadband Services (“MIBS”).
As things develop, more information will be provided.
Sincerely,
Lorrie
Lorrie Germann
State E-Rate Coordinator
On behalf of the Ohio Department of Education
lorrie.germann@education.ohio.gov
www.ohio-k12.help/erate
Office: 740-223-2420
Cell: 740-253-1153