[OPLINLIST] Fwd: FCC NPRM Proposing Major Changes to E-Rate Program Now Published in The Federal Register

[Christine Morris]

Greetings,

Many folks in the library community may be following the FCC proposed
rulemaking regarding E-Rate, but this message from Lorrie Germann, our
E-Rate consultant, bears repeating.

There have been many other pressing concerns for Ohio libraries
recently--not the least of which are the many natural disasters across the
state--but we have seen once again how much patrons rely on libraries for
shelter and connectivity during the most difficult of days. OPLIN provides
internet to Ohio public libraries through a combination of state funding
and the E-Rate program, and the $1.5 million we receive in E-Rate funding
is critical to providing that connectivity for your communities.

In addition to the information Lorrie provides below regarding the proposed
rule changes, OPLIN also has an informational page
<https://www.oplin.ohio.gov/e-rate-at-risk> on our website. Please let us
know if you have questions about how the proposed changes might affect your
library.

Best wishes,

Christine
--
Christine Morris (she/her)
Digital Resources Manager
Ohio Public Library Information Network
christine at oplin.ohio.gov
614-728-5252 (OPLIN Support)
614-728-0227 (direct)


---------- Forwarded message ---------
From: Lorrie Germann <e-rate at ohio-k12.help>
Subject: FCC NPRM Proposing Major Changes to E-Rate Program Now Published
in The Federal Register

Hello E-Rate Community,

As previously mentioned, the FCC released two E-Rate NPRMs — a Notice of
Proposed Rulemaking and a Further Notice of Proposed Rulemaking for “*Ensuring
Children’s Safe Use of Screens and E-Rate-Funded Services” *and *“Promoting
Fair and Open Competitive Bidding in the E-Rate Program*.”

The final Notices (FCC-26-41
<https://www.ohio-k12.help?mailpoet_router&endpoint=track&action=click&data=WyIxMTgwNSIsIjkwZjI3MzQ0ZjU0Y2U1YzM2ODM0YTMxYmVjMzE5YWNkIiwiMjkxIiwiODk5YTU2ZmM1MGZiIixmYWxzZV0>)
have now been published in the *Federal Register*, which starts the initial
60-day public comment period, followed by an additional 30-day reply
comment period. Based on today’s release, initial comments are due on or
before *Oct. 13, 2026*, and reply comments are due on or before *Nov. 12,
2026*.

In a press release
<https://www.ohio-k12.help?mailpoet_router&endpoint=track&action=click&data=WyIxMTgwNSIsIjkwZjI3MzQ0ZjU0Y2U1YzM2ODM0YTMxYmVjMzE5YWNkIiwiMjkxIiwiYWExNDAyMmM3YTAxIixmYWxzZV0>
summarizing these actions, the FCC indicated that the proceedings:

   - Aim to empower parents and better protect children when using networks
   and services eligible for discounts under the FCC’s E-Rate program,
   including by limiting screen time.
   - Seek to ensure that E-Rate-funded networks and services are being used
   for educational purposes, while also strengthening E-Rate program integrity
   and streamlining program administration to support learning opportunities.

The first Notice of Proposed Rulemaking (“NPRM”) would:

   - Seek comment on whether the E-Rate program should be narrowed or
   reoriented to meet the policy goals Congress intended when it established
   the program.
   - Seek comment on actions to ensure the E-Rate program advances student
   learning outcomes and better protects the online safety of children when
   using E-Rate-funded networks and services, including by limiting screen
   time.
   - Seek comment on whether E-Rate-funded networks are being used for
   educational purposes.
   - Seek comment on whether the Commission’s current interpretation of the
   Children’s Internet Protection Act (CIPA) is the best reading of that
   statute and whether existing CIPA requirements sufficiently protect
   children from inappropriate and harmful content when using school and
   library computers to access E-Rate-funded networks and services.
   - Seek comment on potential legal and policy considerations for
   assessing children’s screen time and protecting children and empowering
   parents, guardians, and teachers in decision-making involving children’s
   access to E-Rate funded networks and services.

A second Further Notice of Proposed Rulemaking (“FNPRM”) would:

   - Propose actions to strengthen program integrity by increasing
   oversight over consultants, including requiring annual disclosures and
   certification, creating a registration system, and prohibiting certain fee
   arrangements.
   - Propose measures to streamline administrative processes, including
   establishing a June 30th deadline for submission of the FCC Form 473,
   modifying the FCC Form 479 submission requirements, and requiring all
   contracts to be signed after the allowable contract date.
   - Propose to sunset and delete certain Emergency Connectivity Fund
   (“ECF”) program rules from the Code of Federal Regulations.


   - Based on the NPRM, there are two areas in which we may see pullbacks
   in E-Rate funding:
      - Given the availability of other funding sources for broadband
      infrastructure — e.g., BEAD funding — funding for self-provisioned and
      special construction projects may be reduced, particularly in urban areas
      where broadband services are more widely available and where the building
      of new E-Rate networks might be considered duplicative.
      - Widespread concern about the use and effectiveness of internet
      services for younger students could limit such funding for Pre-K and Head
      Start schools. The FCC recently requested and received funding data for
      these entities for FY 2025, which included $15.5 million for Head Start
      Schools and $43.9 million for Private and Public Pre-K schools.
   - There is concern among parents and in Congress about the potentially
   detrimental impact of excess screen time on children. Many schools have
   already banned the use of personal cellphones during class time. The NPRM
   includes footnotes citing studies of the negative impact of excessive use
   of educational technologies.*
   <https://www.ohio-k12.help?mailpoet_router&endpoint=track&action=click&data=WyIxMTgwNSIsIjkwZjI3MzQ0ZjU0Y2U1YzM2ODM0YTMxYmVjMzE5YWNkIiwiMjkxIiwiMmE5MGExYWIwYTY1IixmYWxzZV0>
   One NPRM outcome reflecting these concerns may be the tightening of CIPA
   rules and certifications.
   - The FCC is also concerned with the role of consultants in the E-Rate
   application process, noting their role in several recent findings of fraud.
   The FCC proposes to:
      - Define a “consultant” for purposes of E-Rate.
      - Require annual compliance certifications similar to those required
      for service providers.
      - Create a consultant registration system for firms and their
      individual consultants.
      - Prohibit percentage-based fee arrangements, which could incentivize
      excessive funding requests if not properly structured, and
clarify document
      retention requirements.
   - The FCC also proposes to further streamline E-Rate administration and
   application review, including:
      - Stricter requirements for signed contracts.
      - Formalization of the service substitution process.
      - Establishing a June 30th deadline for the completion of the Service
      Provider Annual Certification (“SPAC”) Form 473.
      - Added certifications on consortium member Form 479s with a
      submission deadline preceding a consortium’s Form 471.
      - Additional certifications on most other E-Rate forms.
      - Reconsideration of the eligibility of Managed Internal Broadband
      Services (“MIBS”).

For a list of all questions asked, go to
https://www.ohio-k12.help/wp-content/uploads/2026/08/All-Questions-from-FCC_26-41.xlsx
<https://www.ohio-k12.help?mailpoet_router&endpoint=track&action=click&data=WyIxMTgwNSIsIjkwZjI3MzQ0ZjU0Y2U1YzM2ODM0YTMxYmVjMzE5YWNkIiwiMjkxIiwiZmRjYjYyYzA1NjBhIixmYWxzZV0>
.

Please know that as things develop, more information will be provided.

Sincerely,

Lorrie
*Lorrie Germann*
State E-Rate Coordinator
Ohio Department of Education & Workforce
lorrie.germann at education.ohio.gov
740-253-1153
https://www.ohio-k12.help/e-rate-support/
<https://www.ohio-k12.help?mailpoet_router&endpoint=track&action=click&data=WyIxMTgwNSIsIjkwZjI3MzQ0ZjU0Y2U1YzM2ODM0YTMxYmVjMzE5YWNkIiwiMjkxIiwiNmQxZTljZGI4MGQ4IixmYWxzZV0>
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