CHANGESFall 2012

The E-Rate Program

New and Recent Changes

• New– FY2013 Eligible Services List– Technology Plan requirement– Use of manufacturer’s name– Lowest Corresponding Price

• Recent– Gift acceptance– Item 21 Deadline– CIPA Requirement– Operational SPIN Changes

Eligible ServicesEligible Services List (ESL) Order

• No changes to overall eligibility of products and services

• Format changes to the ESL

– Background: Some regulatory and procedural information are relocated to Special Eligibility Conditions

– Priority One services are consolidated into one list

– New information about service category selection for Priority One services on FCC Form 470

Overview

Eligible Services List Order

• FCC Form 470 Guidance

– Sufficient for applicants to check off one Priority One service category (Telecom Services or Internet Access)

• Description of the services requested or RFP must contain enough detail for service providers to identify services and formulate bids (no change from current requirement)• Service providers should review entire Priority One

section

ESL Order – Other highlights

Eligible Services List Order

• FCC Form 471 Guidance

– Applicants must continue to select the correct category of service on the FCC Form 471 for regulatory purposes such as:

• Telecom Services must be provided by eligible telecom carriers

• Requests for Internet Access must be CIPA compliant– Once an applicant has selected a vendor, they may

consult with the vendor to determine which service category to check in Block 5 of the FCC Form 471

ESL Order – Other highlights

Eligible Services List Order

Technology Plan

• Only required for Priority Two goods and services (recent change)

• If there exists an approved plan, even though it expires at the end of the current Funding Year, a draft is NOT required for the upcoming Funding Year.

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• New requirement for FY 2013 FCC Forms 470 and RFPs– Commission’s competitive bidding rules prohibit applicants

from including a particular manufacturer’s name, brand, product or service in an FCC Form 470 or request for proposals (RFPs) unless they also use the words “or equivalent” in such a description.• “XYZ manufacturer's high-speed router model 345J or

equivalent” meets new requirement.– Applicants must carefully consider all of the bids received

before selecting a winning bidder.

FCC Form 470 and RFP Issues

Use of Manufacturer’s Name

• 47 CFR § 54.500(f): Lowest corresponding price is the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services.

• Huffington Post Article

What is the Lowest Corresponding Price (LCP) rule?

Lowest Corresponding Price

• “Modest refreshments not offered as part of a meal, items with little intrinsic value intended for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individuals or entities subject to this rule, if the value of these items received by any individual does not exceed $50 from one service provider per funding year.” See 47 C.F.R. § 54.503(d)(1).

• Single source = all employees, officers, representatives, agents, contractors, or directors of the service provider.

Gift Rule Exceptions

Gifts and Donations

Recent Changes

• Item 21 deadline is the SAME as the Form 471 deadline

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• … applicants to also certify that their CIPA-required Internet safety policies provide for the education of students regarding appropriate online behavior including interacting with other individuals on social networking websites and in chat rooms, and regarding cyberbullying awareness and response.

• FCC 11-125 (Tip)• http://onguardonline.gov/ (Tip)• Keep a copy of the paid invoice for filtering in file (Tip)

Cyberbullying education

Recent: Due by July 1, 2012

Operational SPIN changes

• A list of specific information to include can be found in the Operational SPIN Change document on the USAC website

• If any service was provided by the original SPIN, clearly indicate the dates, charges, and other pertinent information for both the original and new SPINs

Don’t forget to include …

SPIN Changes

Operational SPIN changes (continued)

• A statement that:– The change is allowed under your applicable state and

local procurement rules– The change is allowable under the terms of any

contract between you and the original service provider

– You have notified the original service provider of your intent to change service providers

Don’t forget to include …

SPIN Changes

Operational SPIN changes (continued)

• For FRNs from FY2011 and future funding years:– A statement of your legitimate reason to change

service providers (e.g., breach of contract or unable to provide service)

– A copy of your bid evaluation OR a statement that you received only one or no bids

Don’t forget to include …

SPIN Changes

Operational SPIN changes (continued)

• For FRNs from FY2011 and future funding years, it is helpful to provide a copy of the following:– Your bid evaluation document– Documentation, if any, to support your legitimate

reason for changing service providers

Don’t forget to include …

SPIN Changes

• Include Internet Access on your 470

Changing from Applicant to Service Provider

ICN

$ Alloc No. of Mb Price/Mb Months Annual Price/Mb No. of Mb

Min $3,564.00 10 Mbps $14.00 12 $168.00 21.21429

20 Mbps $13.50 $162.00 22

50 Mbps $11.50 $138.00 25.82609

PIA Myths and Misconceptions

Beginner’s Presentation I 2010 Schools & Libraries Fall Applicant Trainings 19

Thank-you

Questions? Contact the e-Rate Program!

Phone: (888) 203-8100 (Tip: They’re nice, helpful!)Fax: (888) 276-8736E-mail: Submit-a-QuestionWebsite: www.usac.org/sl

*Note* For extra guidance, please consider our Helping Applicants to Succeed (HATS) initiative

Beginner’s Presentation I 2010 Schools & Libraries Fall Applicant Trainings 20

• Gerry Zeller

• V: 847.828.4606• F: 847.729.5240• E: gzeller@zellerandassociates.com

Or