FCC issues notice of proposed rulemaking regarding E-Rate
The Federal Communications Commission (FCC) has issued a notice of proposed rulemaking regarding the E-Rate program. Rather than publishing proposed rules, the notice solicits comments on hundreds of specific issues responding to a February Government Accountability Office (GAO) report, linked below, calling for greater FCC oversight of the program to improve administration and deter waste, fraud, and abuse. These issues include program outcomes measures, streamlining of the application process, competitive bidding requirements, forms, quality standards for service providers, scope and methodology of audits. A detailed summary is available on E-Rate Central's website, also below. Comments are due on or before October 18, 2005. NSBA intends to submit comments. For the past year, the House and Senate Commerce Committees have held hearings regarding instances of program violations, as well as federal accounting requirements. For background on legislation that temporarily addressed an accounting glitch that caused a disruption in reimbursements to schools and libraries for almost four months last year, see the item on NSBA's School Law pages, below. According to NSBA Director of Federal Legislation Deborah Rigsby, Senators Olympia Snowe (R-ME) and John Rockefeller (D-WV) introduced legislation (S. 241) in February to solve the problem, and Representative Barbara Cubin (R-WY) has introduced a companion bill (H.R. 2533) in the House. Legislators hope to gain passage of the measures before Congress adjourns this year. Meanwhile, House Commerce Committee Chairman Joe Barton (R-TX) is expected to introduce E-Rate legislation this fall that reportedly would impose new auditing requirements and restrict the types of technology eligible for program reimbursement. Last April, Chairman Barton expressed his desire to "kill" the E-Rate program or, failing that, to impose measures that would cause the program to "wither on the vine," according to the Dow Jones News Service. NSBA's Advocacy pages include a section on E-Rate.
70 Fed. Reg. 41, 658 (July 20, 2005)
[Proposed Federal Communications Commission Rule][GAO Report on E-Rate][E-Rate Central website][NSBA School Law pages on temporary E-Rate legislation][NSBA Advocacy pages on E-Rate]