Federal Communications Commission DA 21-500 DA 21-500 Released: April 30, 2021 WIRELINE COMPETITION BUREAU ANNOUNCES MODIFICATIONS TO EX PARTE RULES IN EMERGENCY CONNECTIVITY FUND PROCEEDING WC Docket No. 21-93 On March 16, 2021, the Wireline Competition Bureau (Bureau) released a Public Notice Wireline Competition Bureau Seeks Comment on Emergency Connectivity Fund for Educational Connections and Devices to Address the Homework Gap During the Pandemic, Public Notice, DA 21-317 (WCB Mar. 16, 2021). seeking comment on how to most efficiently and effectively administer the $7.171 billion Emergency Connectivity Fund established by Congress as part of the American Rescue Plan of 2021 American Rescue Plan Act, 2021, H.R. 1319, 117th Cong., tit. VII, § 7402 (2021) (enacted), available at https://www.congress.gov/bill/117th-congress/house-bill/1319/text (enrolled bill). to provide much-needed relief during the coronavirus (COVID-19) pandemic. Specifically, the Bureau sought comment on a range of issues related to the provision of support to reimburse eligible schools and libraries for the purchase of eligible equipment and advanced telecommunications and information services to enable and support remote learning by students, school staff, and library patrons during the pandemic. To create a record that would allow the Commission to promulgate rules by the statutory deadline of May 10, 2021, the Bureau established a “permit-but-disclose” proceeding with comments due April 5, 2021, and reply comments due April 23, 2021. In light of the approaching statutory deadline, the urgency surrounding pandemic relief, and the Commission’s desire to receive targeted and timely input from a broad cross-section of the affected public, Acting Chairwoman Rosenworcel announced today that extraordinary circumstances exist to warrant the discretionary release of a draft Report and Order, including draft rules, to the public (https://docs.fcc.gov/public/attachments/DOC-372066A1.pdf). Accordingly, the Bureau makes the following modifications to how the ex parte rules will apply to this proceeding given the public release of the draft Report and Order. The public may make ex parte presentations consistent with our “permit-but disclose” rules through Wednesday, May 5, 2021 at 6:00 p.m. EDT. After that time, given the statutory deadline, the Bureau finds that it is in the public interest to modify the “permit-but disclose” rules that apply to this proceeding. Specifically, pursuant to section 1.1200(a) of the Commission’s rules, 47 CFR § 1.1200(a). except as noted below, the Bureau prohibits any presentations, whether ex parte or not, after Wednesday, May 5, 2021 at 6:00 p.m. EDT. Summaries of any oral ex parte presentations made on May 4-5, 2021, must be filed no later than 2:00 p.m. EDT on May 6, 2021. Excluded from this prohibition on ex parte presentations after May 5, 2021 are presentations that are exempt under section 1.1204(a) of the Commission’s rules 47 CFR § 1.1204(a). and presentations by Members of Congress or their staffs or by other agencies or branches of the Federal government, which will be subject to “permit-but-disclose” procedures only if the presentation is of substantial significance and clearly intended to affect the ultimate decision. See 47 CFR § 1.1206(b)(3). For further information, please contact Molly M. O’Conor, Attorney Advisor, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-0578 or by email at Molly.OConor@fcc.gov. - FCC – 2