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An Internet Service Provider's Guide
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| Schools | Libraries |
| Must meet the statutory definition of an elementary or secondary school found in the Elementary and Secondary Education Act of 1965 | Must be eligible for assistance from a state library administrative agency under the Library Services and Technology Act |
| Must not operate as a for-profit business | Must not operate as a for-profit business |
| Must not have an endowment exceeding $50 million. | |
| Services must be used for "educational purposes." |
But Internet Service Providers are not telecommunications carriers. From a regulatory history dating back to 1970, the FCC determined that Internet Service Providers are "Enhanced Service Providers." Since they are Enhanced Service Providers and not common carriers, they are not obligated to pay into the universal service fund. This also generally means that they are not eligible to receive support from the Universal Service Fund (see footnote 11).
There is, of course, an exception to the general rule. Section 254(h)(2)(A) of the Telecommunications Act directs the FCC to "enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms . . . and libraries." The FCC interpreted information services to include Internet access. Section 254(h)(2) also called for the Universal Service program to be competitively neutral; the subsidies should not favor one segment of the industry at the expense of the other. If the School and Library Fund only supported Internet access from telephone carriers, then the telephone carriers would have a significant advantage over independent ISPs in a competitive market. In order to ensure that the universal service fund is competitively neutral, the FCC sought to make all ISPs eligible.
Nevertheless, the FCC could not just decide to pay subsidies to non-telecommunications carriers which do not pay into the Universal Service Fund. In order to get around the general rule that only telecommunications carriers are eligible to receive from the fund, the FCC concluded that "the language of Section 254(h)(2) grants the Commission broad authority to enhance access to advanced telecommunications and information services, constrained only by the concepts of competitive neutrality, technical feasibility, and economical reasonableness."16.5 Unlike the general rule, Section 254(h)(2) does not limit the school and library fund to support of only telecommunications carriers. Since support of independent ISPs enhances access to information services and is competitively neutral, technically feasible, and economically reasonable, then, in the opinion of the FCC, it is permissible under Section 254(h)(2). As a result, all ISPs, whether associated with a telecommunications carrier or not, are eligible to receive support from the universal service fund.17
NEW: Another general rule is that in order for a telecommunications carrier to receive support from the universal service fund, it must be certified. Again, there is an exception. On the federal level, there is no requirement that ISPs or vendors who participate in the School & Library Fund be certified (you should check for any requirements on the state level).17.5
| % Students Eligible for National School Lunch Program |
Estimated number of schools in category |
Urban Discount % |
Rural Discount % |
| <1 | 3 | 20 | 25 |
| 1-19 | 31 | 40 | 50 |
| 20-34 | 19 | 50 | 60 |
| 35-49 | 15 | 60 | 70 |
| 50-74 | 16 | 80 | 80 |
| 75-100 | 16 | 90 | 90 |
When there is only $250 million dollars left in the Fund (10 percent of the Fund), a system of priorities will be initiated. The Fund Administrator will give notice that the $250 million trigger has been reached. For the next 30 days (or until the end of the year, whichever is shorter), the most disadvantaged schools and libraries will receive priority for funding commitments. If sufficient funds remain, institutions in other brackets will also receive funding commitments. This system of priority will continue until the Fund is exhausted.19.5
When the Fund first goes online, there will be a one-time, 75 day application window.19.7 During this time, all applications will receive the exact same priority. Instead of first-come, first-serve during this window, it will be as if they were filed simultaneously. Since there is this 75-day window, the School & Library Corporation encourages entities not to rush but to take the time necessary to correctly prepare and file applications.
Recognizing that the expense of Internet access involves more than the mere cost of the service, the FCC determined that The Fund could be used to acquire all equipment that "is necessary to transport information all the way to individual classrooms."20 This includes wiring, routers, hubs, network file servers (including the necessary software), installation and maintenance of internal connections, and wireless local area networks (LANs).21 Universal service funds cannot be used for
equipment such as computers (with the exception of network file servers) and other hardware, software (with the exception of the software required for the operation of network file servers), fax machines, modems, teacher training, upgrades to the electrical system, and asbestos removal.22Also not eligible for discounts are subscriptions for content, "training, non-network software, voice mail or information services in general, electrical connections, and security."23
Funding for the uncovered elements may be obtained from alternative sources such as the Department of Education's Technology Grant Programs24, from corporations who are now eligible for substantial tax benefits for donated computers, or non-profit initiatives such as Net-Day. See For Further Information Equipment for Schools.
Another restriction is that schools and libraries are not permitted to resell the services acquired through universal service funds.
| Covered | Excluded |
| Wiring Routers Hubs Network File Servers Necessary Software Installation Maintenance LANs |
Computers Hardware Non Network Software Fax Machines Modems Teacher training Upgrades to electrical system Asbestos Removal Security |
The Schools and Libraries Corporation has produced a detail list (PDF) of eligible and ineligible network elements. See also Merit.net's compilation of eligible and ineligible elements.
Contracts signed on or before July 10, 1997 (new date) will be considered an existing contract and therefore exempt from the competitive bidding requirement for the life of the contract.
Contracts signed after July 10, 1997 but before the date on which the Schools and Libraries Corporation website is fully operational and accepting forms 470s will be eligible for support and exempt from the competitive bidding requirement for services provided between January 1 and December 31, 1998. Any services provided after December 31, 1998 will not be covered. In order for these schools and libraries to continue to receive School and Library funding, they will have to submit their technology plans for competitive bidding in 1998.31.5
"Public and non-profit rural health care providers are eligible for support for any telecommunications services employing transmission speeds of less than or equal to 1.54 Mbps. 1.54 Mbps is equivalent to a T-1, so, for example, an eligible health care provider could choose a T-1, a quarter T-1, an ISDN line, or a satellite connection at supported rates. The 1996 Act requires that universal service funds be available on a technology neutral and telecommunications provider neutral basis.
"In addition, any public or non-profit health care provider that does not have toll free access to an Internet service provider is eligible for limited support for toll charges to reach the nearest Internet service provider. Universal service support per month will be the lesser of $180 of toll charges or the amount of toll charges incurred for 30 hours of access to an Internet service provider."32
The universal service fund means a lot of money changing a lot of hands. Some people are winners and some people consider themselves losers. Not everyone is please with the plan as set forth by the Federal Communications Commission. There is an appeal of the Commission's Universal Service Order pending in Federal Court. One of the complaints in this appeal is that entities which do not pay into The Fund are permitted to take from The Fund. In other words, some telecommunications carriers are not please that independent Internet Service Providers are eligible to receive funds and are challenging this provision. Watch the Federal Communications Commission Universal Service page for further information concerning the outcome of this legal challenge.
Finally, when Schools & Libraries are preparing technology plans and considering where in their buildings access will be provided, they should keep in mind the American Disabilities Act. The technology must be made available to all students. Make sure tech-labs are wheel chair accessible. Consider purchasing equipment which can be utilized by the visually impaired (there are programs which can translate WWW pages into braille).
Bill McKoy
National Exchange Carriers Association
100 South Jefferson Road
Whippany, NJ 07981-1009
800-228-8597
Fax: 973-884-8469
Irene Flannery
Common Carrier Bureau
Federal Communications Commission
2100 M Street Room 8922
Washington, DC 20554
202-418-7383
Mark Nadel
Common Carrier Bureau
Federal Communications Commission
2100 M Street Room 8916
Washington, DC 20554
202-418-7385
2 Department of Commerce, Inquiry on Universal Service and Open Access Issues, 59 F.R. 48112 para. 2 (1994).
3 Department of Commerce, Inquiry on Universal Service and Open Access Issues, 59 F.R. 48112 para. 3 (1994).
4 Department of Commerce, Inquiry on Universal Service and Open Access Issues, 59 F.R. 48112 para. 7 (1994).
4.5 Vice President Gore, Speech before the Summit on the Internet: Focus on Children (December 2, 1997).
5 A good online version of the Telecommunications Act of 1996 can be found at the web site of Blumenfeld & Cohen http://www.technologylaw.com/.
6 Department of Commerce, Inquiry on Universal Service and Open Access Issues, 59 F.R. 48112 para. 1 (1994).
7 Milton Mueller, Universal Service" and the new Telecommunications Act: Mythology Made Law (March 1997) http://www.ctr.columbia.edu/vii/un ivsce/cacm.htm; Fraser, Telecommunications Competition Arrives: Is Universal Service Out of Order, 15 Fall Cal. Reg. L. Rep. 1, 1 (1995); Mark Cooper, Universal Service: A Historical Perspective and Policies for the Twenty-First Century (Dec 9, 1996) (posted at Benton Foundation Universal Service Library www.benton.org).
8 Fraser, Telecommunications Competition Arrives: Is Universal Service Out of Order, 15 Fall Cal. Reg. L. Rep. 1, 2-3 (1995).
9 Section 151 of the Communications Act of 1934, 47 U.S.C.A. § 151.
10 Fraser, Telecommunications Competition Arrives: Is Universal Service Out of Order, 15 Fall Cal. Reg. L. Rep. 1 (1995).
11 For a further explanation of the "enhanced service provider" status of ISPs and the exemption from the metered access charge, see What is the "Enhanced Service Provider" Status of Internet Service Providers, Internet Telecommunications Project http://www.cybertelecom.org/.
12.5 See Universal Service Support Public Notice, Docket No. 96-45, DA 97-1892, detailing the procedures that states must follow in order to receive universal service support.
To notify the Commission that a compliant intrastate discount matrix for schools and libraries has been adopted, states must send a one-page letter to [the Universal Service Administration Corporation] stating this fact. A copy of the letter must also be sent to Sheryl Todd and the Office of the Secretary at the FCC. States should include a copy of the adopted intrastate discount matrix. Letters regarding the discount matrix must be received by the Office of the Secretary by December 31, 1997 to be eligible for funding beginning January 1, 1998.Id.
12 Federal-State Joint Board on Universal Service Report and Order, CC Docket No. 96-45, FCC 97-157 (May 8, 1997) http://www.fcc.gov/ccb/universal _service/fcc97157/ (hereinafter "Order").
13 See the web site of the National Association of Regulatory Utility Commissioners < http://www.erols.com/naruc/stateweb.htm> for a hyperlink list of state public utility commission webpages. See the American Library Association's Web page for further information on the status of states: http://www.ala.org/oitp/stategrid.html. See also American Library Association, Universal Service : What Needs to be Done in the States http://www.ala.org/oitp/1st_step.html (July 17, 1997).
15 Order para. 558; FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment (July 2, 1997); Merit.net, About Universal Service Fund (July 20, 1997).
16 FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q20 (July 2, 1997).
16.5 Order Para 591.
17 Order para. 587, et seq.
17 E-mail from Irene Flannery, Common Carrier Bureau of the Federal Communications Commission, to Robert Cannon (November 19, 1997).
18.5 "A school that either does not participate in the national school lunch program or that experiences a problem with undercounting eligible students may use federally approved alternative mechanisms to determine the percentage of their students eligible for the school lunch program. A description of federally approved alternative mechanisms can be found at 34 C.F.R. § 200.28(a)(2)(i)(B) [Code of Federal Regulations]. For example, a school may choose to conduct a survey or use eligibility for a tuition scholarship program to determine the percentage of its students eligible for the national school lunch program for purposes of applying for universal service discounts." Frequen tly Asked Questions on Universal Service and the Snowe-Rockefeller Amendment, DA 97-1374, Q11 (July 2, 1997).
19"Information concerning an entity's urban or rural classification can be found at www.neca.org/funds/msa.htm; instructions for using the MSA list can be found at www.neca.org/funds/curl.htm"
The Order states that rural for schools and libraries shall be "defined in accordance with the definition adopted by the Department of Health and Human Services' Office of Rural Health Policy (ORHP/HHS). ORHP/HHS uses the Office of Management and Budget's (OMB) Metropolitan Statistical Area (MSA) designation of metropolitan and non-metropolitan counties (or county equivalents), adjusted by the most currently available Goldsmith Modification, which identifies rural areas within large metropolitan counties." Order para. 504. See Order para 649 et seq. for a detailed explanation of the definition of "rural". See also Updated Frequently Asked Questions on Universal Service for Rural Health Care Providers, Q2 (Sept. 5, 1997) (stating "Under our rules, a rural area is defined as a non-metropolitan county identified in the OMB Metropolitan Statistical Area list, together with those rural areas in metropolitan counties as identified in the most recent "Goldsmith Modification" of the OMB list. The "Goldsmith Modification" identifies rural pockets within larger urban metropolitan counties.") The FCC is promising to make available on its site a user friendly list of rural counties and area. Order note 1171. No such list was available as of September 10, 1997. See OMB BULLETIN NO. 95-04, Revised Statistical Definitions of Metropolitan Areas (MAs) and Guidance on Uses of MA Definitions (June 30, 1995) (providing guidance on how to acquire information on metropolitan areas); OMB Bulletin No. 95-04 Attachment, METROPOLITAN AREAS 1995 (June 30, 1995).
19.5 FCC's Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q25 (July 2, 1997). According to the FAQ,
during the 30-day period applications from schools and libraries will continue to be accepted and processed, but the administrator will only commit funds to support discount requests from schools and libraries that are in the two most-disadvantaged categories of the discount matrix and that did not receive universal service discounts in the previous or current funding years. To avoid discouraging schools and libraries from applying for discounts on basic telephone service, however, schools and libraries that are in the two most-disadvantaged categories will not forfeit their priority status if they have previously applied only for discounted basic telephone service.There is some talk that, if the Fund is exhausted, the subsidy levels may be reduced in the next calendar year in order to ensure that all institutions can participate.
19.7 School and Libraries Corporation and Health Care Corporation Adopt Length of Filing Windows, Public Notice DA 97-2349 (November 6, 1997); Federal-State Joint Board on Universal Service, CC Docket 96-45, Third Report and Order, FCC 97-380 (October 14, 1997).
21 Order paras. 450-60; FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q8 (July 2, 1997).
22 FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q9 (July 2, 1997).
23 NTIA New Universal Service Guide (6-24-97) http://www.ntia.doc.gov/.
24 The Department of Education has a Technology Literacy Challenge Fund and Technology Innovation Challenge Grants. See Department of Education Web Page http://www.ed.gov/Technology/.
25.5 See School & Library Corporation, Nine Steps You Can Take Now to Prepare for the Schools and Libraries Universal Service Program (November 1997).
26 FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q28 (July 2, 1997); NECA, School, Libraries and Rural Health Care Providers Funds (accessed August 6, 1997). Until the Universal Service Administrator and its web page has been set up, the universal service fund will be temporarily administered by the National Exchange Carriers Association www.neca.org.
27 Order para. 480.
28 According to the Order, the "lowest corresponding price" means
that schools and libraries will be offered competitive, cost-based prices that will match or beat the cost-based prices paid by similarly situated customers for similar services . . . a carrier [must] offer services to eligible schools and libraries at prices no higher than the lowest price it charges to similarly situated non-residential customers for similar services.Order para. 484. See also Fourth Order on Reconsideration, para. 133.
29 FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q17 (July 2, 1997).
30 Order para. 586. Service providers can receive funds from The Fund in one of two ways. First, the service provider can apply to the Universal Service Fund Administrator for reimbursement. The second method is "offset" and applies only to those service providers which are also telecommunications carriers. Those service provider/carriers owe a certain amount to the universal service fund. The amount which the service providers/carriers owe to the universal service fund can be offset but the amount which the service providers should receive as a result of providing service to schools and libraries.
31 FCC FAQ, Frequently Asked Questions on Universal Service and the Snowe-Rockefeller Amendment Q37 (July 2, 1997).
31.5 Fourth Order on Reconsideration, CC Docket No. 96-45, para. 217 (December 30, 1997).
32FCC Fact Sheet, Informal Questions and Answers on Universal Service Benefits for Rural Health Care Providers (June 3, 1997).
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