FCC Begins Rulemaking to Improve the E-rate Program for Tribal Applicants

On February 16, 2023, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM). 

Comments are due 45 days after the date of publication in the Federal Register, which typically happens about 30 days after release of an item.

The FCC seeks comment on:

  • Simplifying E-rate forms and cost-allocation requirements;
  • Providing an additional competitive bidding exemption for low-cost services and equipment for Tribal applicants;
  • Increasing the maximum discount rate for Category Two services from 85% to 90% for Tribal applicants;
  • Allowing Tribal college libraries that serve a dual role by also serving as the Tribal community’s public library to be eligible for E-rate support;
  • Providing an extended or separate application filing window for Tribal libraries to align with their Tribal procurement requirements and approval processes;
  • Increasing the Category Two $25,000 funding floor for Tribal applicants;
  • Adding a Tribal representative to the Board of Directors of the Universal Service Administrative Company (USAC), which administers the program for the FCC; and
  • Considering other potential reforms to encourage greater participation by Tribal or similarly situated small or rural applicants, particularly if they face barriers that impede equitable access to the E-rate program.


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