FCC Releases Proposed E-rate FY 2022 Eligible Services List; Comments Due September 27

The Federal Communications Commission’s Wireline Competition Bureau (WCB) released the Funding Year 2022 E-rate Eligible Services List (ESL) today.  Comments are due September 7, 2021 and replies are due October 12, 2021.  The Public Notice invites stakeholders to comment on any aspect of the proposed FY 2022 ESL. 

WCB noted it made two changes to the ESL:

  • A new note was added to “Eligible Broadband Internal Connections” for supporting software.  The language clarifies that applicants may request both equipment and the software necessary to use the equipment on the FCC Form 470, or request just the equipment on the FCC Form 470, and still receive support for both the equipment and the software necessary to use the equipment (e.g., right-to-use software or client access licenses) by requesting the equipment and software either together or separately on the FCC Form 471.  That is, even if applicants request only the equipment and not the necessary software on the Form 470, applicants will be able to apply for funding for the software.
  • On December 10, 2020, the Federal Communications Commission adopted the 2020 Supply Chain Second Report and Order, enacting rules to implement the Secure Networks Act.  In accord with section 54.10 of the Commission’s rules, E-rate participants are prohibited from using E-rate support to purchase, rent, lease, or otherwise obtain any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased rented, leased, or otherwise obtained.  A list of covered equipment and services was posted on the Commission’s website on March 12, 2021, and will be updated to reflect any future determinations.  In the proposed FY 2022 ESL, the Bureau added a note under the “Eligibility Explanations for Certain Category One and Category Two Services” section guiding applicants to this list of covered equipment and services.

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