Goto Section: 54.1709 | 54.1711 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 54.1710 Emergency Connectivity Fund requests for funding.
(a) Filing of the FCC Form 471. An eligible school, library, or
consortium that includes an eligible school or library seeking to
receive Emergency Connectivity Fund support for eligible equipment and
services under this subpart shall submit a completed FCC Form 471 to
(1) The FCC Form 471 shall be signed by the person authorized to order
eligible services for the eligible school, library, or consortium and
shall include that person's certification under penalty of perjury
(i) “I am authorized to submit this application on behalf of the
above-named applicant and that based on information known to me or
provided to me by employees responsible for the data being submitted, I
hereby certify that the data set forth in this application has been
examined and is true, accurate and complete. I acknowledge that any
false statement on this application or on other documents submitted by
this applicant can be punished by fine or forfeiture under the
Communications Act (47 U.S.C. 502, 503(b)), or fine or imprisonment
under Title 18 of the United States Code (18 U.S.C. 1001), or can lead
to liability under the False Claims Act (31 U.S.C. 3729-3733).”
(ii) “In addition to the foregoing, this applicant is in compliance
with the rules and orders governing the Emergency Connectivity Fund
Program, and I acknowledge that failure to be in compliance and remain
in compliance with those rules and orders may result in the denial of
funding, cancellation of funding commitments, and/or recoupment of past
disbursements. I acknowledge that failure to comply with the rules and
orders governing the Emergency Connectivity Fund Program could result
in civil or criminal prosecution by law enforcement authorities.”
(iii) “By signing this application, I certify that the information
contained in this application is true, complete, and accurate, and the
projected expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the
Federal award. I am aware that any false, fictitious, or fraudulent
information, or the omission of any material fact, may subject me to
criminal, civil or administrative penalties for fraud, false
statements, false claims or otherwise. (U.S. Code Title 18, sections
1001, 286-287 and 1341 and Title 31, sections 3729-3730 and
(iv) The school meets the statutory definition of “elementary school”
or “secondary school” as defined in § 54.1700, does not operate as
for-profit businesses, and does not have endowments exceeding $50
(v) The library or library consortia eligible is for assistance from a
State library administrative agency under the Library Services and
Technology Act, does not operate as for-profit businesses, and their
budgets are completely separate from any school (including, but not
limited to, elementary and secondary schools, colleges, and
(vi) The school, library, or consortia listed on the FCC Form 471
application has complied with all applicable state, local, or Tribal
local laws regarding procurement of services for which support is being
(vii) The school or school consortium listed on the FCC Form 471
application is only seeking support for eligible equipment and/or
services provided to students and school staff who would otherwise lack
connected devices and/or broadband services sufficient to engage in
(viii) The library or library consortium listed on the FCC Form 471
application is only seeking support for eligible equipment and/or
services provided to library patrons who have signed and returned a
statement that the library patron would otherwise lack access to
equipment or services sufficient to meet the patron's educational needs
if not for the use of the equipment or service being provided by the
(ix) The school, library, or consortia is not seeking Emergency
Connectivity Fund support or reimbursement for eligible equipment or
services that have been purchased and reimbursed in full with other
Federal pandemic-relief funding, targeted state funding, other external
sources of targeted funding or targeted gifts, or eligible for
discounts from the schools and libraries universal service support
mechanism or other universal service support mechanism.
(x) The applicant or the relevant student, school staff member, or
library patron has received, or the applicant has ordered or will
order, the equipment and services for which funding is sought.
(xi) The equipment and services the school, library, or consortium
purchases or will purchase using Emergency Connectivity Fund support
will be used primarily for educational purposes and will not be sold,
resold, or transferred in consideration for money or any other thing of
value, except as allowed by § 54.1713.
(xii) The school, library, or consortium will create and maintain an
equipment and service inventory as required by § 54.1715.
(xiii) The school, library, or consortium has complied with all program
rules and acknowledge that failure to do so may result in denial of
discount funding and/or recovery of funding.
(xiv) The applicant recognizes that it may be audited pursuant to its
application, that it will retain for ten years any and all records
related to its application, and that, if audited, it shall produce
shall records at the request of any representative (including any
auditor) appointed by a state education department, the Administrator,
the Commission and its Office of Inspector General, or any local,
state, or Federal agency with jurisdiction over the entity.
(xv) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C.
1320a-7b, were paid or received by the applicant to anyone in
connection with the Emergency Connectivity Fund.
(2) Applicants seeking support for new network construction or end-user
equipment for datacasting services through the Emergency Connectivity
Fund must also certify under penalty of perjury that they sought
service from existing service providers in the relevant area and that
such service providers were unable or unwilling to provide broadband
internet access services sufficient to meet the remote learning needs
of their students, school staff, or library patrons.
(3) All information submitted as part of an FCC Form 471 application
shall be treated as public and non-confidential by the Administrator.
(b) Service substitution. (1) A request by an applicant to substitute
equipment or service for one identified on its FCC Form 471 must be in
(2) The Administrator shall approve such written request where:
(i) The equipment or service has the same functionality; and
(ii) This substitution does not violate any contract provisions or
state, local, or Tribal procurement law.
(3) In the event that an equipment or service substitution results in a
change in the amount of support, support shall be based on the lower of
either the price for the equipment or service for which support was
originally requested or the price of the new, substituted equipment or
service. Reimbursement for substitutions shall only be provided after
the Administrator has approved a written request for substitution.
(c) Mixed eligibility equipment and services. If equipment or service
includes both ineligible and eligible components, the applicant must
remove the cost of the ineligible components of the equipment or
service from the request for funding submitted to the Administrator.
[ 86 FR 29158 , May 28, 2021, as amended at 86 FR 38570 , July 22, 2021;
86 FR 41409 , Aug. 2, 2021]
Goto Section: 54.1709 | 54.1711
Goto Year: 2020 |
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