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WCB Seeks Comment on Draft Eligible Services List for Funding Year 2013

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Released: July 5, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1052

Released: July 5, 2012



CC Docket No. 02-6; GN Docket No. 09-51

Comment Date: August 6, 2012
Reply Comment Date: August 21, 2012

The Wireline Competition Bureau seeks comment on a draft eligible services list (draft ESL) for
the schools and libraries universal support mechanism (also known as the E-rate program) for funding
year 2013.1 As part of the Commission’s ongoing commitment to remove burdens on industry and
provide greater transparency regarding Commission requirements, the draft ESL has been reorganized to
make it easier for schools and libraries who apply for E-rate funding to determine what services and
products are eligible for E-rate discounts.
The draft ESL divides Priority One services into three sections grouped primarily by functionality
from the user perspective. The “communications connectivity” section includes digital transmission
services, fiber and Internet access. The “voice services” section includes telephone services, telephone
service components and interconnected voice over Internet protocol. The “other designated and related
services” section includes E-mail, voice mail and web hosting.2 The proposed reorganization of the ESL
does not change the eligibility status for any of these services from funding year 2012.3 Rather, it lists the
services by categories that reflect how school and library applicants plan for and seek technology and
services, i.e., by the services they purchase and the infrastructure they need to bring the services to their
buildings. We seek comment on this proposed reorganization and whether there are other ways to
organize the ESL that would make the document more useful to applicants and reduce regulatory burdens.
We also seek comment on the proposed list of eligible services.

1 See 47 C.F.R. § 54.502 (detailing the procedures for seeking comment on a draft ESL for the E-rate program for
the upcoming funding year). The E-rate program was established pursuant to section 254 of the Communications
Act of 1934, as amended. 47 U.S.C. § 254.
2 Voice mail is moved out of the “miscellaneous” category of the ESL into the “other designated and related
services” but this does not change the eligibility status for voice mail.
3 To help transition applicants to this reorganization and minimize any potential confusion, we propose to add a third
column in all three of the Priority One services sections to suggest the category of service that should be selected in
Block 2 of the FCC Form 470 and Block 5 of the FCC Form 471.

In addition, we have made other minor changes in this draft ESL. For example, throughout the
document, we have removed citations to Commission orders and other legal or regulatory language to
make this document more accessible for personnel at schools and libraries who may not be familiar with
the details of telecommunications regulation and terminology. We understand E-rate applicants use this
document predominantly as a quick reference for eligible services and products and not as a primary
reference source for the Commission regulations and orders that have established the relevant
requirements. We propose this change because we think it will further streamline the ESL into a more
user-friendly resource for applicants. We seek comment on these changes.
We also clarify that although the phrase “commercially available” was left out of the section
describing supported telecommunications services in the ESL for funding year 2012, this was not
intended to change the eligibility status for telecommunications services.4 We reinsert the phrase
“commercially available” into the proposed ESL for 2013 to clarify that supported telecommunications
services provided by telecommunications carriers include all commercially available telecommunications
services; this language is taken verbatim from the Commission’s rules.5
Pursuant to section 54.502 of the Commission’s rules, the final ESL for the upcoming funding
year will be released at least 60 days prior to the opening of the E-rate application filing window.6
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested
parties may file comments and reply comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554.
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes must be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must
be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street,
SW, Washington DC 20554.

4 Last year’s ESL included the statement that “[a]ny service that meets the definition of ‘telecommunications
service’ is eligible for E-rate funding.”
5 47 C.F.R. § 54.502(a)(1).
6 See 47 C.F.R. § 54.502(b).

People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.7 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
For further information, please contact Cara Voth, Telecommunications Access Policy Division,
Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.



7 47 C.F.R. §§ 1.1200 et seq.

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