Federal Communications Commission DA 22-1063 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Schools and Libraries Universal Service Support Mechanism Establishing the Emergency Connectivity Fund to Close the Homework Gap Rural Health Care Universal Support Mechanism COVID-19 Telehealth Program Universal Service Contribution Methodology Lifeline and Link Up Reform and Modernization Affordable Connectivity Program Connect America Fund ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 02-6 WC Docket No. 21-93 WC Docket No. 02-60 WC Docket No. 20-89 WC Docket No. 06-122 WC Docket No. 11-42 WC Docket No. 21-450 WC Docket No. 10-90 ORDER Adopted: October 4, 2022 Released: October 4, 2022 By the Chief, Wireline Competition Bureau: I. INTRODUCTION 1. In this Order, we waive, on our own motion, certain E-Rate E-Rate is more formally known as the schools and libraries universal support mechanism. , Emergency Connectivity Fund, Rural Health Care, COVID-19 Telehealth, Lifeline, High Cost, and Affordable Connectivity Program rules and deadlines to assist participants and service providers, including Universal Service Fund contributors, located in the areas affected by Hurricane Ian, which struck the State of Florida on September 28, 2022, and the States of North Carolina and South Carolina on September 29, 2022. Jason Hanna and Nouran Salahieh, CNN, Hurricane Ian makes landfall in southwest Florida as Category 4 storm with 150-mph winds (Sept. 28, 2022), https://www.cnn.com/2022/09/28/weather/hurricane-ian-florida-path-wednesday. See BBC, Cyclone Ian batters South Carolina in second US landfall (Oct. 1, 2022) https://www.bbc.com/news/world-us-canada-63097951. The resulting heavy rainfall, high winds, and flooding have caused significant power outages and damage in homes, schools, libraries, and health care facilities throughout the impacted areas. See Li Cohen, CBS News, More than 2 million Florida residents without power as Hurricane Ian moves inland (Sept. 28, 2022), https://www.cbsnews.com/news/hurricane-ian-florida-power-outages/. See Brian Dakss and Sarah Baldwin, CBS News, Ian arrives in North Carolina after bringing flooding, damage to South Carolina; death toll rises in Florida (Oct. 1, 2022), https://www.cbsnews.com/live-updates/hurricane-ian-death-toll-florida-south-carolina-north-carolina-forecast-tracker-2022-09-30/. Because of these compelling and unique circumstances, we find good cause to waive certain rules and deadlines to assist program participants, service providers, and USF contributors in the affected areas. See Schools and Libraries Universal Service Support Mechanism; Rural Health Care Universal Service Support Mechanism; Lifeline and Link Up Reform and Modernization; Universal Service Contribution Methodology, CC Docket No. 02-6, WC Docket Nos. 02-60, 11-42, and 06-122, Order, 32 FCC Rcd. 7456 (2017) (waiving certain E-Rate, RHC, Lifeline and contribution rules and deadlines for areas impacted by Hurricanes Harvey, Irma, and Maria); Federal-State Joint Board on Universal Service; Schools and Libraries Universal Service Support Mechanism; Rural Health Care Support Mechanism; Lifeline and Link-Up, CC Docket Nos. 96-45 and 02-6, WC Docket Nos. 02-60 and 03-109, Order 20 FCC Rcd 16883 (2005) (adopting temporary rules to provide rural and non-rural public and nonprofit health care providers in areas devastated by Hurricane Katrina, and in areas where evacuees are located, with assistance in order to help in the recovery efforts); WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). II. BACKGROUND 2. On Wednesday, September 28, 2022, Hurricane Ian struck Florida’s Gulf Coast, causing catastrophic flooding and power outages to homes and businesses throughout the southwestern region of the state. See Hurricane Ian live updates: Storm makes landfall in Florida, NBC News (last visited Sept. 29, 2022), https://www.nbcnews.com/news/us-news/live-blog/hurricane-ian-live-updates-rcna49729. More than two million people have lost power, and the remaining damage is expected to endure over the next several days or weeks. See Kelly Tyko, Axios, Power outages from Hurricane Ian in Florida climb past 2 million (Sept. 29, 2022), https://www.axios.com/2022/09/28/hurricane-ian-florida-power-outage; see also Katie Sivco, WESH 2, Florida Power & Light system 'will need to be rebuilt' because of Hurricane Ian (Sept. 28, 2022), https://www.wesh.com/article/florida-power-outages-ian/41433628. Shortly after passing through Florida, Hurricane Ian made landfall in the Carolinas causing similar damage and power outages to thousands of homes and businesses throughout both states. See Rebecca Santana and Meg Kinnard, AP News, Ian leaves dozens dead as focus turns to rescue, recovery (Oct. 1, 2022), https://apnews.com/article/hurricanes-floods-florida-north-carolina-caribbean-f537bc6e6d9481c4680a4a7af238bc6c. See NBC News, South Carolina grapples with storm damage as Florida searches for survivors (Oct. 2, 2022), https://www.nbcnews.com/news/us-news/live-blog/hurricane-ian-live-updates-rcna50300. The President has approved a major disaster declaration for the State of Florida, and an emergency declaration for the States of South Carolina and North Carolina allowing authorities to provide disaster relief. See FEMA, President Joseph R. Biden, Jr. Approves Major Disaster Declaration for Florida (Sept. 29, 2022), https://www.fema.gov/press-release/20220929/president-joseph-r-biden-jr-approves-major-disaster-declaration-florida. See FEMA, President Joseph R. Biden, Jr. Approves Emergency Declaration for South Carolina (Sept. 30, 2022), https://www.fema.gov/press-release/20220930/president-joseph-r-biden-jr-approves-emergency-declaration-south-carolina. See FEMA, President Joseph R. Biden, Jr. Approves Emergency Declaration for North Carolina, https://www.fema.gov/press-release/20221001/president-joseph-r-biden-jr-approves-emergency-declaration-north-carolina. 3. Historically, the Wireline Competition Bureau (Bureau) has granted waivers of certain Universal Service Fund (USF) Program deadlines for areas affected by natural disasters. See, e.g., Schools and Libraries Universal Service Support Mechanism; Rural Health Care Universal Support Mechanism; Lifeline and Link Up Reform Modernization; Connect America Fund; Federal-State Joint Board on Universal Service High-Cost Universal Service Support; Establishing Emergency Connectivity Fund to Close the Homework Gap; Emergency Broadband Benefits Program, CC Docket No. 02-6, WC Docket No. 02-60, WC Docket No. 11-42, WC Docket No. 10-90, WC Docket No. 05-337, WC Docket No. 21-93, WC Docket No. 20-445, Order, 36 FCC Rcd 13405 (WCB 2021) (Hurricane Ida Order); Schools and Libraries Universal Service Support Mechanism; Rural Health Care Universal Support Mechanism; Lifeline and Link Up Reform Modernization, CC Docket No. 02-6, WC Docket No. 02-60, WC Docket No. 11-42, Order, 32 FCC Rcd 7456, 7457, para. 2 (WCB 2017) (Hurricanes Harvey, Irma, and Maria Order); Schools and Libraries Universal Support Mechanism, WC Docket No. 02-6, Order, 34 FCC Rcd 56, 57, para. 2 (WCB 2019) (California Wildfires Order); Request for Waiver of Section 54.514 of the Commission’s Rules by Florida Department of Management Services; Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Order, 33 FCC Rcd 10186, 10188, para. 5 (WCB 2018) (Florida Hurricanes Order); Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Order, 32 FCC Rcd 9538, 9540, para. 4 (2017) (FCC Hurricanes Harvey, Irma, and Maria Order); Federal-State Joint Board on Universal Service; Schools and Libraries Universal Service Support Mechanism; Rural Health Care Support Mechanism, CC Docket Nos. 96-45 and 02-6, WC Docket Nos. 02-60 and 03-109, Order, 20 FCC Rcd 16883, 16885, para. 4 (2005) (Hurricane Katrina Order).  For the purposes of the waivers we grant today, we define “Affected Disaster Areas” as the areas in the States of Florida, South Carolina, and North Carolina that the Federal Emergency Management Agency (FEMA) has designated as eligible for Individual or Public Assistance for the purposes of federal disaster relief as of the date of release of this Order. See FEMA, Hurricane Ian, https://www.fema.gov/disaster/hurricane-ian (last visited Oct. 3, 2022); FEMA, Designated Areas: Disaster 4673, https://www.fema.gov/disaster/4673/designated-areas (last visited Oct. 3, 2022); FEMA, South Carolina Hurricane Ian EM-3585-SC, https://www.fema.gov/disaster/3585 (last visited Oct. 3, 2022); FEMA, North Carolina Hurricane Ian EM-3586-NC, https://www.fema.gov/disaster/3586 (last visited Oct. 3, 2022). III. DISCUSSION 4. In response to the damage caused by Hurricane Ian, we waive various provisions of the E-Rate, Emergency Connectivity Fund, Rural Health Care, COVID-19 Telehealth, Lifeline, High Cost, and Affordable Connectivity Program rules for those Federal Communications Commission (FCC or Commission) programs’ participants and for Universal Service Fund (USF) contributors located in the Affected Disaster Areas. We recognize that entities in the Affected Disaster Areas may need additional relief relating to E-Rate, ECF, RHC, COVID-19 Telehealth, Lifeline, High Cost, and ACP obligations not addressed in this Order as they complete assessments of the damage to their networks; such entities should request specific relief to address these individualized circumstances from the Bureau. Generally, the Commission’s rules may be waived for good cause shown. 47 CFR § 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis. Northeast Cellular, 897 F.2d at 1166. A. E-Rate Program 5. E-Rate Program Deadlines. For schools and libraries located in Affected Disaster Areas, E-Rate-eligible entities located outside the Affected Disaster Areas that have experienced similarly catastrophic damage from Hurricane Ian may request similar, narrowly-tailored relief from these or other requirements from the Bureau. we waive, on an emergency interim basis, the following deadlines that may occur after the effective date of this Order, Program participants located in the Affected Disaster Areas who may have already missed these deadlines due to damage or disruption caused by Hurricane Ian may submit the required filings up to 150 calendar days from the release date of this Order. and provide those affected with up to 150 calendar days from the effective date of this Order to submit the required filing: We note that Universal Service Administrative Company (USAC), the Administrator of the universal service support programs, including the E-Rate program, has already suspended many of its administrative deadlines for applicants in the Affected Disaster Areas pursuant to its natural disaster procedures. · Requests for review or waiver of decisions by USAC, directed to USAC or the Commission. 47 CFR §§ 1.106, 54.720. Parties who rely on this waiver as a basis for filing their request for review or waiver beyond the required deadline should indicate such basis in their filing. · Filing FCC Form 486 (Receipt of Service Confirmation and Children’s Internet Protection Act (CIPA) Certification Form). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 at 4; see also Federal-State Joint Board on Universal Service, Children’s Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12445, para. 5 (2002). · Filing FCC Form 472 (Billed Entity Applicant Reimbursement (BEAR) Form) and FCC Form 474 (Service Provider Invoice Form). 47 CFR § 54.514(a). Given the significant damage inflicted by Hurricane Ian, consistent with precedent we find that extraordinary circumstances exist warranting a waiver of the invoice filing deadline. See Schools and Libraries Universal Service Support Mechanism; Rural Health Care Universal Service Support Mechanism; Lifeline and Link Up Reform and Modernization; Universal Service Contribution Methodology, CC Docket No. 02-6, WC Docket No. 02-60, 11-42, and 06-122, Order, 32 FCC Rcd 7456, 7458, n.13 (WCB 2017) (Hurricanes Harvey, Irma and Maria Order) (waiving E-Rate invoice deadline for areas impacted by Hurricanes Harvey, Irma, and Maria); Schools and Libraries Universal Service Support Mechanism; Rural Health Care Universal Service Support Mechanism; Lifeline and Link Up Reform and Modernization; Connect America Fund; High-Cost Universal Service Support Mechanism; Establishing Emergency Connectivity Fund to Close the Homework Gap; Emergency Broadband Benefit Program, CC Docket No. 02-6, WC Docket Nos. 02-60, 11-42 10-90, 05-337, 21-93, and 20-445, Order, 36 FCC Rcd 13405, 13407-08, at para. 5 (WCB 2021) (Hurricane Ida Order) (waiving the E-Rate invoice filing deadline for areas impacted by Hurricane Ida); see also Modernizing the E-Rate Program for Schools and Libraries, WC Docket No. 13-184, Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd at 8965-66, paras. 238-40 (2014). 6. Service Implementation Deadline Extensions. Additionally, we find that good cause exists to waive the service implementation for special construction, subject to the limitations herein, for applicants located in the Affected Disaster Areas that have a deadline of June 30, 2023. We find that the extensive damage to property, facilities, and resources resulting from Hurricane Ian will make it impossible for some applicants in the Affected Disaster Areas to complete special construction and light the new fiber by this date, and that service installation and construction efforts may continue to be delayed or impaired as communities in the Affected Disaster Areas work to recover and rebuild. Accordingly, we extend this deadline to June 30, 2024, subject to the applicant filing a valid FCC Form 500 certifying that construction for the special construction project was unavoidably delayed due to damage caused by Hurricane Ian. Modernizing the E-Rate Program for Schools and Libraries, WC Docket No. 13-184, Second Report and Order and Order on Reconsideration, 29 FCC Rcd 15538, 15550, 15558, paras. 37, 49 (2014). The applicant may file the FCC Form 500 any time before June 30, 2023. Pursuant to the Bureau’s recent Service Delivery Deadline Waiver Order, we also clarify that applicants in the Affected Disaster Areas have until September 30, 2023 (rather than September 30, 2022) to complete the installation of internal connections and other non-recurring services for Funding Year 2021. The implementation deadline for non-recurring services, other than special construction, for Funding Year 2021 was September 30, 2022. However, the Bureau recently extended the deadline for non-recurring services for certain Funding Year 2020 and 2021 requests in light of delays experienced by applicants due to the ongoing COVID-19 pandemic. 47 CFR § 54.507(d)(4); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 22-976 (WCB rel. Sept. 19, 2022) (Service Delivery Deadline Waiver Order) (waiving section 54.507(d)(4) of the Commission’s rules and extending the service implementation deadline to September 30, 2023 for certain Funding Year 2020 and 2021 applicants with non-recurring service deadlines that expire on September 30, 2022). 7. Documentation Retention and Production. We also recognize that applicants and service providers in the Affected Disaster Areas may have lost records in the destruction caused by Hurricane Ian. We waive section 54.516(a) of our rules with respect to such destroyed records, which requires schools, libraries, consortia, and service providers to retain all documents related to their application for at least 10 years after the latter of the last day of the applicable funding year or the service delivery deadline for the funding request. 47 CFR § 54.516(a). Applicants and service providers will not be penalized for failure to retain records destroyed by Hurricane Ian. Applicants and service providers that rely on this waiver as a basis for not retaining or producing records, upon request from USAC or the Commission, will be required to certify that the records, and any copies of such records, were destroyed by Hurricane Ian. Additionally, applicants and service providers are responsible for obtaining such records, where available, from a third party upon request by USAC or the Commission. We note that the record retention requirements under our rules continue to apply to all records that were not destroyed by Hurricane Ian, including records relating to any relief granted by this Order. 8. Service and Equipment Substitutions. Consistent with precedent, we also provide increased flexibility for service substitutions in the Affected Disaster Areas. See, e.g., Hurricanes Harvey, Irma, and Maria Order, 32 FCC Rcd at 9543-44, para. 10 (providing increased flexibility for E-Rate program service substitutions in the wake of Hurricanes Harvey, Irma, and Maria); Hurricane Ida Order, 36 FCC Rcd at 13409, para. 8 (providing increased flexibility for E-Rate program service substitutions following the aftermath of Hurricane Ida). Section 54.504(d) of the Commission’s rules allows USAC to grant a request by an applicant to substitute a service or product for another where: (a) the service or product has the same functionality; The Commission previously determined that a service or equipment change request does not have the same functionality if it “changes the type of service requested pursuant to the original funding request from one category to another (e.g., a change from telecommunications service to internal connections, or a change from Internet access to telecommunications service).” Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26925, n.82 (2003). (b) the substitution does not violate any contract provision or state or local procurement laws; (c) the substitution does not result in an increase in the percentage of ineligible services or functions; and (d) the applicant certifies that the requested change is within the scope of the controlling FCC Form 470. 47 CFR § 54.504(d)(1)(iv). For applicants located in Affected Disaster Areas that need to replace a service or product that has been disrupted, destroyed, or rendered unusable by Hurricane Ian, we waive this rule to exclude the requirement that the substituted service or product must have the same functionality as the service or product that it is replacing. 47 CFR § 54.504(d)(1)(i). We remind applicants that they may only request service substitutions if the implementation deadline for the service or product to be replaced has not passed. See, e.g., 47 CFR §§ 54.507(d)(1), (d)(4); see also Modernizing the E-rate Program for Schools and Libraries, WC Docket Nos. 13-184 and 10-90, Second Report and Order and Order on Reconsideration, 29 FCC Rcd 15538, 15550, 15558, paras. 37, 49 (2014). This will allow applicants in the Affected Disaster Areas the maximum flexibility to substitute services based on their local needs without being constrained by categories of service or service types (e.g., applicants may substitute Internet access service with internal connections and vice versa), In some cases, replacing one type of service with another may require applicants to switch service providers. The Commission’s rules permit applicants to do so when: (a) it is allowed under an applicant’s state and local procurement rules; (b) it is allowed under the terms of any contract between the applicant and its original service provider; (c) the applicant has notified its original service provider of its intent to change service providers; (d) there is a legitimate reason to change providers (e.g., the service provider is unable to perform the requested services); and (e) the newly selected service provider received the next highest point value in the original bid evaluation. See Schools and Libraries Universal Service Support Mechanism, et al., CC Docket Nos. 02-6, et al., Sixth Report and Order, 25 FCC Rcd 18762, 18803, para. 91, n.272 (2010) (Schools and Libraries Sixth Report and Order) (citing Request for Review by Copan Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Order, CC Docket Nos. 96-45 and 97-21, 15 FCC Rcd 5498 (2000) (Copan Order), and stating that the new requirements are in addition to those outlined in the Copan Order). so that they may use already approved E-Rate funding to replace damaged or destroyed equipment and restore services, subject to the limitations stated herein. Effective in Funding Year 2021, school districts and library systems are permitted to transfer equipment between schools within a district and libraries within a system without notifying USAC of the transfer. See Modernizing the E-Rate Program for Schools and Libraries, WC Docket No. 13-184, Report and Order, 34 FCC Rcd 11219, 11238-39, para. 49 (2019); 47 CFR § 54.513(d). However, both the transferor and recipient must maintain detailed records documenting the transfer and the reason for the transfer for a period of five years as required by the Commission's rules. Id. We believe this additional flexibility will allow applicants, given their specific understanding of their circumstances, to use funding in ways that best meet their needs. The flexibility conferred by this measure effectively waives section 54.504(d)(1)(i) of the Commission’s rules for applicants while keeping the remaining aspects of our service substitution rule intact. Applicants must continue to ensure that a service substitution: (a) does not violate any contract provisions; The additional flexibility provided for applicants located in the Affected Disaster Areas seeking substitutions for services and products damaged by Hurricane Ian is not intended to invalidate any contracts between applicants and service providers. Applicants are solely responsible for ensuring that requested service substitutions are permitted under their agreements with service providers. (b) does not violate state or local procurement laws; (c) does not result in an increase in the percentage of ineligible services or functions; and (d) is within the scope of an FCC Form 470. 47 CFR § 54.504(d). In the event that a service substitution results in a change in the pre-discount price for the supported service, support is based on the lower of either the pre-discount price of the service for which support was originally requested or the pre-discount price of the new, substituted service. 47 CFR § 54.504(d)(2). Applicants must also request approval of service substitutions by submitting a service substitution request to USAC. 9. We find that the significant property damage, power outages, and disruptions in services caused by Hurricane Ian in the Affected Disaster Areas constitute extremely unusual circumstances warranting the temporary waiver of the rules and procedures described above. We find that a 150-day waiver period for the filing deadlines listed above and other relief granted by this Order are appropriate measures to accommodate the extraordinary circumstances caused by Hurricane Ian, while continuing to protect program integrity. Applicants or service providers in the Affected Disaster Areas that are unable to comply with these program deadlines or procedures at the end of this period may request additional, narrowly-tailored relief from these or other requirements from the Bureau. B. Emergency Connectivity Fund Program 10. Emergency Connectivity Fund Program Deadlines. For Emergency Connectivity Fund (ECF) program participants located in the Affected Disaster Areas, See supra note 14. ECF-eligible entities located outside the Affected Disaster Areas that have experienced similarly catastrophic damage from Hurricane Ian may request similar, narrowly-tailored relief from these or other requirements from the Bureau. we first waive, on an emergency interim basis, the deadline to submit a request for review or waiver of decisions by USAC, directed to USAC or the Commission and provide these participants with up to 150 calendar days from the effective date of this Order to submit their filing. 47 CFR § 54.1718(b); 47 CFR § 1.106. Parties who rely on this waiver as a basis for filing their request for review or waiver beyond the required deadline should indicate such basis in their filing. Section 54.1718(b) of the ECF rules requires an affected party requesting review of a decision by USAC or waiver to submit such request within 30 days from the date of USAC’s decision, which is shorter than the timeframe permitted under the E-Rate program rules. 47 CFR § 54.1718(b). Given this shortened timeframe and recognizing that ECF program participants may have difficulty submitting their requests while dealing with the impact of Hurricane Ian, we find it is in the public interest to waive and extend this deadline by 150 days for program participants in the Affected Disaster Areas. We anticipate that some affected applicants will need more time to submit appeals of USAC’s decisions than provided under our rules; and, therefore, we find a waiver of this deadline appropriate. For the same reason, we also direct USAC to extend its administrative deadlines associated with information requests issued to affected program participants, including Program Integrity Assurance-related requests, and provide them with an additional 150 days to respond to such requests. See, e.g., Hurricane Ida Order, 36 FCC Rcd at 13413, para. 23 (waiving USAC’s ECF administrative deadlines associated with information requests in the aftermath of Hurricane Ida). 11. Documentation Retention and Production. Recognizing that applicants and service providers in the Affected Disaster Areas may have lost records in the destruction caused by Hurricane Ian, we next waive section 54.1715(b) of our rules, which requires ECF program participants to retain all records related to their participation in the program for at least 10 years after the last date of service or delivery of equipment. 47 CFR § 54.1715(b); see also 47 CFR § 54.720. As with our waiver of the E-Rate records retention rule, ECF applicants and service providers will not be penalized for failure to retain records destroyed by Hurricane Ian. Applicants and service providers that rely on this waiver as a basis for not retaining or producing records, upon request from USAC or the Commission, will be required to certify that the records, and any copies of such records, were destroyed by the hurricane. Additionally, applicants and service providers are responsible for obtaining such records, where available, from a third party (e.g., consultant or service provider) upon request by USAC or the Commission. We note that the record retention requirements under our rules continue to apply to all records that were not destroyed by Hurricane Ian, including records relating to any relief granted by this Order. 12. Service and Equipment Substitutions. Additionally, in light of the destruction to equipment and services destroyed by Hurricane Ian, we provide additional flexibility to ECF program applicants to request service substitutions for eligible equipment or services, including connected devices, that have been disrupted, destroyed, or rendered unusable by Hurricane Ian. See, e.g., Hurricane Ida Order, 36 FCC Rcd 13414, para. 25 (providing ECF applicants greater flexibility to request service substitutions for eligible equipment or services, including connected devices, that have been disrupted, destroyed, or rendered unusable by Hurricane Ida). Section 54.1710(b) of the ECF rules allows USAC to grant a request by an applicant to substitute equipment or service for another where (i) the equipment or service has the same functionality and (ii) the substitution does not violate any contract provisions or state, local, or Tribal procurement law. 47 CFR § 54.1710(b). For applicants in the Affected Disaster Areas that need to replace equipment or services that have been disrupted, destroyed, or rendered unusable by Hurricane Ian, we waive this rule to exclude the requirement that the substituted equipment or service must have the same functionality as the equipment or service that it is replacing. 47 CFR § 54.1710(b)(2)(i). While we waive the requirement that the substituted equipment or service have the same functionality as the equipment or service being replaced, we remind applicants that the substituted equipment or service must still be eligible for support under the ECF rules. Therefore, an applicant cannot request to replace a laptop computer destroyed in the hurricane with an ineligible smartphone. See Establishing the Emergency Connectivity Fund to Close the Homework Gap; WC Docket No. 21-93, Report and Order, 36 FCC Rcd 8696, 8710 para. 32 (2021) (Emergency Connectivity Fund Report and Order). In addition, we remind applicants that if an equipment or service substitution results in a change in the amount of support, support shall be based on the lower of either the price for the equipment or service for which support was originally requested or the price of the new, substituted equipment or service. 47 CFR § 54.1710(b)(3). This will allow applicants in the Affected Disaster Areas the maximum flexibility using already approved ECF funding to substitute much needed equipment or services (including service providers, where necessary) as quickly as possible, particularly where the availability of such items may be limited given the pandemic’s impact on the global supply chain. The flexibility conferred by this measure effectively waives section 54.1710(b)(2)(i) of the Commission’s rules for affected applicants while keeping the remaining aspects of the ECF service substitution rule intact, including the requirement that the service substitution request be in writing and that the substitution not violate any contract provisions or state, local, or Tribal procurement law. C. Rural Health Care Program 13. For health care providers and service providers located in the Affected Disaster Areas, we waive, on a temporary basis, the following Rural Health Care (RHC) Program rules: (1) the 60-day deadline to file appeals and requests for waiver; (2) the 14-day deadline to respond to USAC information requests; (3) the September 30, 2022 deadline for Healthcare Connect Fund Program participants to file Annual Reports; (4) the five-year documentation retention and production rules for participating health care providers and service providers whose documents were destroyed by Hurricane Ian; and (5) the invoice deadline. 14. Deadline for Appeals and Requests for Waiver. We waive and extend the 60-day deadlines in section 54.720(b) of the Commission’s rules for requests for review or waiver of decisions by USAC or directed to USAC or the Commission. 47 CFR § 54.720(a)-(b). We find that waiving the deadline for health care providers and service providers in the Affected Disaster Areas for filing appeals and waivers is an appropriate measure to accommodate the extraordinary circumstances caused by Hurricane Ian. We understand that the disruptions caused by Hurricane Ian will continue to impact health care providers and service providers in the affected areas and find that any harm in giving petitioners additional time to submit their filings is outweighed by the significant public interest benefits. To reduce the burden on petitioners, we direct USAC to automatically provide petitioners with an additional 60 days to file appeals and waivers. This waiver will be in effect for all deadlines of appeals and waiver requests from September 18, 2022 through 150 calendar days from the release of this Order. 15. Response Time for USAC Information Requests. We waive the 14-day deadline for applicants in the affected areas to respond to information requests from USAC. See Rural Health Care Support Mechanism, WC Docket No. 02-60, Order, 30 FCC Rcd 230, 230, para. 1 (2015) (FCC Form 466 Documentation Order). This waiver applies to information requests related to funding requests, appeals and waivers, invoices, audits, and other documentation submitted by program participants. We understand that in response to Hurricane Ian, health care providers in the Affected Disaster Areas may have diverted their administrative resources or be unable to access facilities, which would impede their ability to respond timely to USAC information requests. This waiver will apply to all information requests issued on or after September 4, 2022 regardless of the funding year for which those requests relate. We provide affected health care providers and service providers with up to 150 calendar days from the effective date of this Order to respond to information requests from USAC. 16. Health Care Connect Fund Program – Annual Reporting. We also waive the September 30, 2022 deadline in section 54.618 of the Commission’s rules for Healthcare Connect Fund Program participants located in the Affected Disaster Areas to file Annual Reports for funding year 2021. 47 CFR § 54.618. We find that the property damage, personal injury, and disruptions in services caused by Hurricane Ian warrant a waiver of the deadline for the annual reporting requirement. All affected Program participants will have up to 150 calendar days from the effective date of this Order to file Annual Reports for funding year 2021. 17. Documentation Retention and Production. We also recognize that applicants and service providers in the Affected Disaster Areas may have lost records in the destruction caused by Hurricane Ian. With respect to such destroyed records, we waive section 54.631(b) of the Commission’s RHC Program rules, which requires health care providers and service providers to retain all documents specified by the rule for at least five years after the last day of the delivery of supported services in a given funding year. 47 CFR § 54.631(b). Program participants will not be penalized for failure to retain records destroyed by Hurricane Ian. Applicants and service providers are responsible, however, for obtaining such records, where available, from a third party upon request by USAC or the Commission. Program participants that rely on this waiver as a basis for not retaining or producing records upon request from USAC or the Commission will be required to certify that the records, and any copies of such records, were destroyed by Hurricane Ian. We note that the record retention requirements under our rules continue to apply to all records that were not destroyed by Hurricane Ian, including records relating to any relief granted by this Order. 18. Invoice Deadline. We next waive section 54.627(a) to automatically grant a 120-day extension of the invoice deadline for all funding year 2021 funding requests from health care providers in Affected Areas. Section 54.627(a) requires that RHC Program participants submit invoices to USAC within 120 days after the later of: (1) the service delivery deadline; or (2) the date of a revised funding commitment letter issued pursuant to an approved post-commitment request made by the applicant or service provider or a successful appeal of a previously denied or reduced funding request. 47 CFR § 54.627(a). Program participants may request a one-time extension of the invoice filing deadline. 47 CFR § 54.627(b). If the extension is timely requested, USAC is required to grant a 120-day extension. Id. We find that waiving the invoice deadline is an appropriate measure to accommodate the extraordinary circumstances caused by Hurricane Ian. We also understand that the disruptions caused by Hurricane Ian will continue to impact health care providers and service providers in the affected areas and find that any harm in giving program participants additional time to submit their invoices is outweighed by the significant public interest benefits. To reduce the burden on participants, we direct USAC to automatically provide participants with an additional 120 days to submit their invoices. D. COVID-19 Telehealth Program 19. For Round 2 COVID-19 Telehealth Program awardees in the Affected Disaster Areas, the Bureau grants an extension to February 28, 2023, of the deadline Recently, the Bureau announced a revised deadline of October 31, 2022, for all purchases and for the implementation of services. Wireline Competition Bureau Extends Deadlines for the COVID-19 Telehealth Program Round 2, WC Docket No. 20-89, Public Notice, DA 22-805 (WCB July 29, 2022). To comply with the purchase/implementation of services deadline, awardees must have entered into a purchase agreement for eligible devices or eligible services by this date. The deadline for delivery of devices is later and is not being waived; all devices must be received in time to submit invoices and Request for Reimbursement forms no later than October 31, 2023. for purchases and implementation of service. To comply with the purchase/implementation of services deadline, awardees must have entered into a purchase agreement for eligible devices or eligible services by this date. We find that the widespread and extensive property damage, as well as substantial social disruption and dislocation, provide good cause to waive the purchase and implementation of services deadline. We also recognize that awardees in the Affected Disaster Areas may have lost records, particularly records stored on paper and those not backed up to a remote storage facility, and we waive the COVID-19 Telehealth Program requirements COVID-19 Telehealth Program Round 2 record-retention requirements were established in the Round 2 Report and Order; Promoting Telehealth for Low-Income Consumers, COVID-19 Telehealth Program, WC Docket Nos. 18-213, 20-89, Report and Order and Order on Reconsideration, 36 FCC Rcd 7141, 7176-7, paras. 79-80 (2021). that records necessary to demonstrate compliance with program rules be retained for six years past the last date of delivery of services or connected devices. COVID-19 Telehealth Program awardees will not be penalized for failure to retain records destroyed by Hurricane Ian. Applicants and service providers that rely on this waiver as a basis for not retaining or producing records will be required, upon request from USAC or the Commission, to certify that the records, and any copies of such records, were destroyed by Hurricane Ian. Additionally, applicants and service providers are responsible for obtaining such records, where available, from a third party, upon request by USAC or the Commission. We note that the regular record retention requirements continue to apply to all records not destroyed by Hurricane Ian, including records relating to any relief granted by this Order. E. Lifeline Program 20. We next, on our own motion, waive the Lifeline non-usage, recertification, and reverification requirements for subscribers residing in the Affected Disaster Areas. We find that good cause exists to waive sections 54.405(e)(3), 54.405(e)(4), 54.407(c)(2), and 54.410(f) of the Commission’s rules for eligible telecommunications carriers (ETCs) serving Lifeline subscribers residing in the Affected Disaster Areas through November 30, 2022. See 47 CFR §§ 54.405(e)(3), 54.405(e)(4), 54.407(c)(2), 54.410(f). This Order does not impact the Lifeline COVID-19 waiver order issued in June 2022. See Lifeline and Link Up Reform and Modernization, Order, WC Docket No. 11-42, DA 22-691, 2022 WL 2399681 (WCB June 30, 2022) (partially extending Lifeline program recertification and reverification requirements for subscribers residing on Tribal lands). Given the damage caused by Hurricane Ian to the Affected Disaster Areas’ infrastructure, strict compliance with these rules would be impracticable and would risk harm to Lifeline subscribers who may be inappropriately de-enrolled during the recovery efforts. See Schools and Libraries Universal Service Support Mechanism, Rural Health Care Universal Service Support Mechanism, Lifeline and Link Up Reform and Modernization, Universal Service Contribution Methodology, CC Docket No. 02-6, WC Docket No. 02-60, WC Docket No. 11-42, WC Docket No. 06-122, Order, 32 FCC Rcd. 7456 (2017) (waiving certain E-rate, RHC, Lifeline and contribution rules and deadlines for areas impacted by Hurricanes Harvey, Irma, and Maria); Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, 32 FCC Rcd 6846 (2017) (waiving Lifeline rules for areas in Puerto Rico and the U.S. Virgin Islands impacted by Hurricane Irma); Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, 33 FCC Rcd 11236 (2018) (waiving Lifeline rules for areas in Florida impacted by Hurricane Michael); Schools and Libraries Universal Service Support Mechanism, Rural Health Care Universal Service Support Mechanism, Lifeline and Link Up Reform and Modernization, Connect America Fund, Federal and State Joint Board on Universal Service High Cost Universal Service Support, Establishing Emergency Connectivity Fund to Close the Homework Gap, Emergency Broadband Benefit Program, CC Docket No. 02-06, WC Docket No. 02-60, WC Docket No. 11-42, WC Docket No. 10-90, WC Docket No. 05-337, WC Docket No. 21-93, WC Docket No. 20-445, 36 FCC Rcd 13405 (WCB 2021) (waiving certain E-Rate, Rural Health Care, Lifeline, High Cost, Emergency Connectivity Fund, and Emergency Broadband Benefit rules and deadlines to assist participants and providers located in the areas affected by Hurricane Ida). 21. To promote the maintenance and rebuilding of communities affected by Hurricane Ian and to facilitate continued access to telecommunications services for disaster victims, we find it is in the public interest to temporarily waive sections 54.405(e)(3) and 54.407(c)(2) of the Commission’s rules. 47 CFR §§ 54.405(e)(3), 54.407(c)(2). Under these rules, ETCs must de-enroll Lifeline subscribers who do not pay a monthly fee for their Lifeline-supported service and do not use that service for 30 consecutive days. See id. Waiving these rules will help low-income consumers retain access to emergency communications services during this natural disaster, and allows ETCs to continue providing Lifeline service to disaster victims in the affected areas without requiring those subscribers to de-enroll and re-enroll in the program as they continue to work through the damage of Hurricane Ian. As noted above, the waiver period is through November 30, 2022. At the end of the waiver period, the subscriber will have 30 days (beginning on December 1, 2022) to use their Lifeline-supported service. If the subscriber does not use their Lifeline-supported service during that 30-day timeframe, the 15-day notice period will begin on December 31, 2022. 22. We also find that good cause exists to waive sections 54.405(e)(4) and 54.410(f) of the Commission’s rules, which require Lifeline subscribers to demonstrate continued eligibility for the program, through November 30, 2022. 47 CFR §§ 54.405(e)(4), 54.410(f). This waiver will prevent the de-enrollment of any Lifeline subscribers who would otherwise have been required to certify their continued eligibility to the National Verifier during the waiver period. See 47 CFR § 54.405(e)(4) (requiring 60 days’ notice to subscribers to respond to recertification efforts prior to de-enrollment). Waiver of these rules will allow USAC and ETCs serving Lifeline subscribers in the Affected Disaster Areas additional time to complete the recertification process. Disruptions to telephone and Internet service resulting from the hurricane will make it difficult, if not impossible, for Lifeline subscribers to receive and respond to recertification requests and reminders. At the expiration of the waiver period, recertification efforts will resume and subscribers who were subject to the waiver will have an additional 60 days to respond to recertification notices. 23. Where USAC has already conducted recertification outreach, we direct USAC to not conduct de-enrollments for any subscriber who would have been de-enrolled, and was not actually de-enrolled, after September 28, 2022. USAC should send new outreach to these subscribers at the end of this waiver period, as is practicable, and give such subscribers an additional 60 days to complete their recertification activity. Moreover, because this relief will extend Lifeline recertification efforts in the Affected Disaster Areas beyond calendar year 2022 for some impacted subscribers, we also waive the annual recertification requirement for such subscribers. See 47 CFR § 54.410(f). Impacted subscribers will only have to recertify their eligibility to participate in the Lifeline program once in 2023. Any subscriber who has already recertified their eligibility is not required to undergo an additional recertification at the end of the waiver period, and any subscriber who had previously de-enrolled from the program must re-enroll pursuant to the Commission’s rules. 24. USAC also conducts a one-time reverification of eligibility for each existing Lifeline subscriber to confirm that all existing Lifeline subscribers meet the National Verifier’s eligibility standards. We direct USAC not to de-enroll any Lifeline subscriber residing in the Affected Disaster Areas for failure to successfully respond to a pending reverification request with documentation deadlines that will occur before November 30, 2022. We also direct USAC not to open any new reverification requests requiring documentation for Lifeline subscribers or ETCs in the Affected Disaster Areas until after November 30, 2022 and to provide impacted subscribers a new opportunity to provide any necessary eligibility documentation after the end of the waiver period. 25. ETCs in the affected areas that are unable to comply with the Lifeline non-usage, recertification, and reverification requirements at the end of this waiver period may request additional, narrowly tailored relief from these requirements from the Bureau. Additionally, if the hurricane has significantly impacted an ETC’s ability to complete an ongoing Lifeline audit, the Bureau will consider requests for extension of any relevant deadlines on a case-by-case basis. F. High Cost Program 26. Waiver of Performance Measures Testing and Pre-Testing for Fourth Quarter 2022. Recipients of high-cost universal service support with broadband build-out obligations are required to test the speed and latency performance at supported locations and submit the testing results. The Commission adopted detailed performance measures requirements in 2018 and an order on reconsideration in 2019. See Connect America Fund, WC Docket No. 10-90, Order, 33 FCC Rcd 6509 (WCB 2018) (First Performance Measures Order), Connect America Fund, WC Docket No. 10-90, Order on Reconsideration, 34 FCC Rcd 10109 (2019) (Performance Measures Reconsideration Order). The purpose of the testing requirement is to ensure high-cost supported networks meet the required standards for the relevant support program. To capture any seasonal effects on a carrier’s broadband performance, carriers must conduct one week of testing in each quarter of the calendar year—January through March (first quarter), April through June (second quarter), July through September (third quarter), and October through December (fourth quarter). See First Performance Measures Order, 33 FCC Rcd at 6520, para. 29. 27. To allow carriers to become accustomed to performance testing, the Commission implemented a pre-testing period that would occur prior to the commencement of each carrier’s testing start date. During the pre-testing period, carriers must test the speed and latency of their networks quarterly for a weeklong period and submit the results within one week of the end of each quarter of pre-testing. However, no support reductions are assessed during the pre-testing period as long as carriers perform the pre-testing and report their results. Carriers that fail to conduct pre-testing and submit results in a timely fashion have five percent of their monthly support payments withheld until they come into compliance. See Performance Measures Reconsideration Order, 34 FCC Rcd at 10139, paras. 78-79. Carriers in testing whose results show they are not meeting minimum requirements are subject to support withholding/reductions and additional reporting. See First Performance Measures Order, 33 FCC Rcd at 6530-33, paras. 56-67, Performance Measures Reconsideration Order, 34 FCC Rcd at 10133-38, paras. 65-75. 28. Alternative Connect America Cost Model (A-CAM) I, Revised A-CAM I, and Rural Broadband Experiment (RBE) support recipients began testing as of January 1, 2022, and Connect America Fund Phase II Auction (CAF II Auction), A-CAM II, and Connect America Fund Broadband Loop Support (CAF BLS) recipients began pre-testing as of January 1, 2022. See Performance Measures Reconsideration Order, 34 FCC Rcd at 10140, para. 81. 29. For recipients with eligible areas in the Affected Disaster Areas, we waive the requirement to test and pre-test the speed and latency performance of their supported networks in these areas in the fourth quarter of 2022. See Hurricane Ida Waiver Order, 36 FCC Rcd at 13413, para. 21. Given the substantial service disruptions and outages caused by Hurricane Ian, conducting performance testing is extremely difficult and burdensome, if not impossible. We previously said that we would generally consider requests “for waiver or extension [of performance testing] in cases where a major, disruptive event (e.g., a hurricane) negatively affects a provider’s broadband performance.” See First Performance Measures Order, 33 FCC Rcd at 6521, para. 33. 30. We find that acting sua sponte—absent any request—is prudent due the extreme nature of Hurricane Ian, its impact, and recovery efforts, as this waiver relieves carriers from the additional burden of filing a petition. Further, while the Bureau prefers that carriers reschedule testing within the quarter when possible, Id. again the extreme nature of Hurricane Ian warrants waiving the requirements for the fourth quarter altogether rather than requiring carriers to reschedule. Waiving the testing and pre-testing requirements for the fourth quarter of 2022 is in the public interest as it allows the affected carriers to reapportion resources to better meet their customers’ needs during storm recovery. Moreover, with this waiver, we are not relieving carriers from providing the required service levels to high-cost supported locations; rather, we are relieving them solely from the requirement to test and pre-test performance for the fourth quarter of 2022. 31. Hurricane Ian made landfall in Florida on September 28, 2022 and in South Carolina on September 29, 2022, dates which fall at the end of the third quarter. We expect carriers to already have completed third quarter testing and pre-testing. Nonetheless, the Bureau will direct USAC to contact relevant carriers at an appropriate time to determine if any had testing scheduled for the last week of the third quarter so that the Bureau can then provide appropriate relief. We do note, though, that for recipients in pre-testing, those pre-testing results must be certified by October 7, 2022. Performance Measures Reconsideration Order, 34 FCC Rcd at 10139, para. 98. For high-cost recipients in pre-testing with eligible areas in the Affected Disaster Areas, we waive the requirement to certify third quarter 2022 pre-testing results until January 7, 2023. G. Affordable Connectivity Program 32. In order to promote continued access to broadband service for Affordable Connectivity Program (ACP) households in the Affected Disaster Areas that are affected by Hurricane Ian, we find that it is in the public interest to temporarily waive through November 30, 2022, for ACP households in the Affected Disaster Areas, sections 54.1808(c)(1) and (2) and 54.1809(c) of the Commission’s rules 47 CFR §§ 54.1808(c)(1), (2), and 54.1809(c). We make clear that the temporary waiver of these rules does not waive the language in section 54.1808(c)(2) that allows providers to seek reimbursement only after the subscriber activates their ACP service. concerning the non-usage requirement and de-enrollment for non-usage, and sections 54.1806(f)(1) and (5) and 54.1809(d) of the ACP rules concerning the annual recertification and de-enrollment for failure to recertify. 47 CFR §§ 54.1806(f)(1), (5), 54.1809(d). Given the widespread power outages and flooding caused by Hurricane Ian, strict compliance with these rules would be impracticable and would risk harm to ACP subscribers who may be de-enrolled during the rebuilding and recovery efforts in the aftermath of Hurricane Ian. See Schools and Libraries Universal Service Support Mechanism, Rural Health Care Universal Service Support Mechanism, Lifeline and Link Up Reform and Modernization, Universal Service Contribution Methodology, CC Docket No. 02-6, WC Docket No. 02-60, WC Docket No. 11-42, WC Docket No. 06-122, Order, 32 FCC Rcd 7456 (WCB 2017) (waiving certain E-Rate, RHC, Lifeline and contribution rules and deadlines for areas impacted by Hurricanes Harvey, Irma, and Maria); Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, 32 FCC Rcd 6846 (WCB 2017) (waiving Lifeline rules for areas in Puerto Rico and the U.S. Virgin Islands impacted by Hurricane Irma); Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, 33 FCC Rcd 11236 (WCB 2018) (waiving Lifeline rules for areas in Florida impacted by Hurricane Michael); Schools and Libraries Universal Service Support Mechanism, Rural Health Care Universal Service Support Mechanism, Lifeline and Link Up Reform and Modernization, Connect America Fund, Federal and State Joint Board on Universal Service High Cost Universal Service Support, Establishing Emergency Connectivity Fund to Close the Homework Gap, Emergency Broadband Benefit Program, CC Docket No. 02-06, WC Docket No. 02-60, WC Docket No. 11-42, WC Docket No. 10-90, WC Docket No. 05-337, WC Docket No. 21-93, WC Docket No. 20-445, 36 FCC Rcd 13405 (WCB 2021) (waiving certain E-Rate, Rural Health Care, Lifeline, High Cost, Emergency Connectivity Fund, and Emergency Broadband Benefit rules and deadlines to assist participants and providers located in the areas affected by Hurricane Ida). 33. Under the ACP rules in sections 54.1808(c)(1) and (2) and 54.1809(c), participating providers offering an ACP service for which the household does not pay a monthly fee are required to certify that every such household has used its supported service at least once every consecutive 30 days, as usage is defined in section 54.407(c)(2) of the Commission’s rules, in order to claim ACP reimbursement for discounted ACP service for a specific subscriber in a given service month. 47 CFR § 54.1808(c)(1) and (2). Providers cannot claim support for, and must de-enroll, subscribers who do not cure their non-usage during the 15-day cure period. 47 CFR § 54.1808(c)(1) and (2) and 54.1809(c). We recognize that the widespread power outages and flooding caused by Hurricane Ian will likely interfere with a household’s ability to use their ACP-supported service, perhaps for an extended period of time. Allowing participating providers in the Affected Disaster Areas to maintain service for these ACP households as they experience the aftermath of Hurricane Ian, and claim reimbursement for the service provided to them, helps to ensure that these households are not de-enrolled from the program during the limited waiver period when it may be impossible for them to use their ACP-supported service. It will also ensure that subscribers who lose service due to Hurricane Ian will be able to regain access to their ACP-supported service when it again becomes available to them. After the expiration of the waiver period, Affordable Connectivity Program subscribers who are subject to the non-usage rule will have thirty days to use their ACP service for the purposes of sections 54.1808(c)(1) and (2) of the Commission’s rules, and fifteen days to cure any non-usage. As noted above, the waiver period is through November 30, 2022. At the end of the waiver period the subscriber will have 30 days (beginning on December 1, 2022), to use their ACP-supported service. If the subscriber does not use their ACP-supported service during that 30-day timeframe, the 15-day notice period will begin on December 31, 2022. ACP providers in the Affected Disaster Areas that are unable to comply with the ACP non-usage and related de-enrollment requirements at the end of this period for specific households may request additional, narrowly tailored relief from these requirements from the Bureau. 34. We find it is also in the public interest to temporarily waive sections 54.1806(f)(1) and (5), and 54.1809(d), of the Commission’s rules for ACP subscribers in the Affected Disaster Areas who would have been required to respond to recertification outreach during the waiver period. During the waiver period, USAC may continue to check the continued eligibility of ACP households in the Affected Disaster Areas using the database connections through the National Verifier to the extent that access to those databases has not been impacted by the Hurricane. For these automated database checks, USAC is able to verify the continued eligibility of households enrolled in the Affordable Connectivity Program without any action on the part of the subscriber. During the waiver period, participating providers that are required to recertify their ACP subscribers under the ACP rules may similarly use any permitted eligibility confirmation mechanisms or methods that do not require affirmative action on the part of the subscribers. During the temporary waiver period, participating providers and USAC should otherwise cease any recertification measures that require affirmative action from ACP-households. USAC and participating providers may resume such recertification measures steps after the end of the waiver period. Waiver of these rules will allow USAC and providers serving ACP subscribers in the Affected Disaster Areas additional time to complete the annual recertification process for affected ACP subscribers for which the recertification process has not already been completed. Disruptions to electricity and communication services resulting from Hurricane Ian could make it difficult, if not impossible, for ACP subscribers in the Affected Disaster Areas to receive and respond to recertification requests and reminders during the waiver period. After the waiver period ends on November 30, 2022, pursuant to section 54.1809(d) of the ACP rules, ACP-only households will have sixty days to respond to recertification outreach by USAC or their service provider as applicable. 47 CFR § 54.1809(d). Where USAC or the participating provider has already conducted recertification outreach to an ACP subscriber in the Affected Disaster Areas, after the end of the waiver period, new outreach should be sent to these subscribers as soon as practicable, and such subscribers should have an additional 60 days to complete their recertification activity. For the Affordable Connectivity Program, unlike Lifeline, in certain circumstances participating providers and not USAC are responsible for conducting the required ACP annual recertification. See 47 CFR § 54.1806(f)(1) (outlining when USAC and when service providers, respectively, conduct ACP recertifications). We recognize that as a result of this waiver, the ACP recertification efforts in the Affected Disaster Areas will go beyond calendar year 2022 for impacted subscribers in the Affected Disaster Areas; as such we waive the annual recertification requirement for such subscribers to the extent necessary to effectuate the relief granted in this waiver. See 47 CFR § 54.1806(f)(1). To the extent that an ACP subscriber (whether enrolled in the Affordable Connectivity Program only or in both the Affordable Connectivity Program and Lifeline) successfully completes their recertification process in 2023, they would not be required to undergo ACP recertification again in 2023. Any Affordable Connectivity Program subscriber who was previously de-enrolled due to failed ACP recertification must re-enroll pursuant to the Commission’s rules. After the end of the waiver period, we expect USAC and participating providers to resume recertification efforts for calendar year 2022 for ACP-only households in the Affected Disaster Areas as soon as practicable. 35. Under the ACP rules, qualifying households that are enrolled in both the Affordable Connectivity Program and Lifeline may rely on a successful Lifeline recertification to satisfy the annual ACP recertification requirement. 47 CFR § 54.1806(f)(1). Households that are enrolled in both programs who do not pass Lifeline recertification still have an opportunity to demonstrate that they qualify for the Affordable Connectivity Program, if required, after completion of the Lifeline recertification process. As explained in the Affordable Connectivity Program Order, there are a few differences in the eligibility criteria between the Lifeline Program and the Affordable Connectivity Program. See Affordable Connectivity Program, Report and Order and Further Notice of Proposed Rulemaking, WC Docket Nos. 21-450, 20-445, FCC 22-2, at 43, para.86, & n. 248 (2022) (Affordable Connectivity Program Order). Accordingly, if a household enrolled in both programs does not pass Lifeline recertification, this would not automatically render that household ineligible for the Affordable Connectivity Program. See id. Households that are enrolled in both Lifeline and the Affordable Connectivity Program and do not pass their Lifeline recertification for calendar year 2022, will be afforded time to demonstrate their continued eligibility for the Affordable Connectivity Program even if this extends into 2023. See Affordable Connectivity Program Order, at 44, para. 86 (“Where a household enrolled in both Lifeline and the Affordable Connectivity Program does not respond or fails recertification for Lifeline, the subscriber will still have an opportunity to demonstrate their continued eligibility for the Affordable Connectivity Program.”); 47 CFR § 54.1809(d) (giving ACP subscribers a 60-day deadline to respond to recertification efforts). We expect USAC and participating providers to start the recertification process for such subscribers in the Affected Disaster Areas as soon as practicable. To the extent that an ACP subscriber (whether enrolled in the Affordable Connectivity Program only or in both the Affordable Connectivity Program and Lifeline) successfully completes their recertification process in 2023, they would not be required to undergo ACP recertification again in 2023. H. Contributions 36. To provide further relief for affected companies, we waive additional rules and requirements for affected contributors to the USF. We find that good cause exists to waive these rules and requirements, subject to the limitations herein, for providers serving the Affected Disaster Areas. The extensive damage to property and facilities caused by Hurricane Ian has rendered many providers unable to serve the Affected Disaster Areas. We find that these extremely unusual circumstances warrant a temporary waiver of the contributions rules and requirements described below. We have taken similar action under extreme circumstances in the past, Schools and Libraries Universal Service Support Mechanism, et al, Order, 32 FCC Rcd 7456 (2017) (waiving certain E-Rate, Rural Health Care, Lifeline, and contribution rules and deadlines to assist schools, libraries, healthcare providers, Lifeline Program participants, and contributors affected by Hurricanes Harvey, Irma, and Maria). and find that granting this emergency relief will help to temporarily alleviate burdens on service providers in the Affected Disaster Areas. 37. Form 499-Q Deadlines and Late Fees. First, we extend the 45-day revision deadline for FCC Form 499-Q filings made on August 1, 2022, by contributors serving the Affected Disaster Areas. Extending this deadline will allow USAC to recalculate the contribution obligations for affected providers to immediately reflect the effect of Hurricane Ian on contributor revenues rather than having to wait until next year’s FCC Form 499-A true-up process. We direct USAC to accept revisions to these filings until January 2, 2023. 38. We next temporarily waive sections 54.713(b)-(c) of the Commission’s rules for providers located in the Affected Disaster Areas. 47 CFR § 54.713(b)-(c). We direct USAC to refrain from assessing late fees on FCC Form 499-Q filings made by these providers after the upcoming November 1 filing deadline until January 2, 2023. 47 CFR § 54.713(c). We direct USAC to utilize Line 109 of the FCC Form 499-A to determine whether a provider’s headquarters is located in an Affected Disaster Area. We extend this temporary waiver to consultants and third-party preparers that are based in Affected Disaster Areas and whose operations have sustained damage due to Hurricane Ian, thus preventing them from meeting the November 1 FCC Form 499-Q deadline. We find that this temporary waiver will prevent these groups whose operations have been substantially impacted by Hurricane Ian from being unfairly penalized for missing this filing deadline. We additionally direct USAC to refrain from assessing interest and penalties incurred by affected contributors until after January 2, 2023. 47 CFR 54.713(b). See also 31 CFR § 901.9(g) (permitting an agency to waive interest, penalties, and administrative costs on debts owed to the United States “if the agency determines that collection of these charges is against equity and good conscience or is not in the best interest of the United States”). Finally, we direct USAC to temporarily suspend certain collection activities for providers in the Affected Disaster Areas, as described below. 39. Red Light Rule. We waive the red light rule for providers in the Affected Disaster Areas. Collections and disbursement rules associated with the Debt Collection Improvement Act (DCIA), Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). stated in Part 1 of the Commission’s rules, describe specific provisions which include a rule commonly referred to as the red light rule. Amendment of Parts 0 and 1 of the Commission's Rules/Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). The red light rule requires that action be withheld on any application or other request for benefits made by an entity that is delinquent in debts owed to the Commission and dismissal of such applications or requests if the delinquent debt is not resolved. See 47 CFR § 1.1910(b). With respect to universal service, when an entity’s account becomes delinquent by one day, that entity, as well as any other entity associated with it through a shared taxpayer identification number, will be subject to the red light rule and considered to be in red light status. See USAC, Late Payments, DCIA, Red Light, https://www.usac.org/service-providers/making-payments/late-payments-dcia-red-light/ (last visited Sept. 22, 2022). USAC will withhold all program support payments to that entity and any associated entities until the delinquency has been satisfied. Id. Although entities owing debts to the government generally should not receive further benefits from it, we find that the disruption caused by Hurricane Ian constitutes extremely unusual circumstances and justifies an exception in this case. We find that it is in the public interest and good cause exists to waive the red light rule until January 2, 2023 for providers in the Affected Disaster Areas. 40. Transfer to Treasury. Once a debt with USAC becomes 91 days delinquent, the full amount of the outstanding debt is eligible for a DCIA transfer to the United States Department of Treasury for debt collection. Id.; see also 31 U.S.C. § 3711(g); 31 CFR §§ 285.12(c) and 901.1; 47 CFR § 1.1917. Consistent with the additional relief provided for contributors impacted by Hurricane Ian, and to the extent possible, any debts incurred by providers located in the Affected Disaster Areas will not be transferred to Treasury for collection activities between the effective date of this Order and January 2, 2023. See 31 U.S.C. § 3711(a)(3); 31 CFR § 903.2(a)(2). 41. We expect that suspending collection activities along with the extensions of filing deadlines and waivers of late fees may help affected providers to continue operations and enable them to accurately file or revise their projected revenues for the Fourth Quarter of 2022 and the First Quarter of 2023. Accordingly, the contribution obligations for those quarters will account for the impact of Hurricane Ian on the business of these providers. Thus, we do not find it necessary to extend relief beyond January 2, 2023. However, we note that any provider that is unable to comply with the Commission’s contributions rules and requirements after January 2, 2023 may request additional, narrowly-tailored relief from the Bureau. 47 CFR § 1.3. I. Preventing Waste, Fraud and Abuse 42. We are committed to guarding against waste, fraud, and abuse in the E-Rate, Emergency Connectivity Fund, Rural Health Care, COVID-19 Telehealth, Lifeline, High Cost and Affordable Connectivity programs (collectively, FCC programs). Although we grant the limited waivers described herein, program participants, service providers, and USF contributors remain otherwise subject to audits and investigations to determine compliance with FCC program rules and requirements. We will require USAC to recover funds through its normal process that we discover were not used properly. We emphasize that we retain the discretion to evaluate the uses of monies disbursed through the FCC programs and to determine on a case-by-case basis that waste, fraud, or abuse of program funds occurred, and that recovery is warranted. Additionally, in the event we discover any improper activity resulting from our action today, we will subject the offending party to all available penalties at our disposal, and including directing USAC to recover funds, assess retroactive fees and/or interest, or both. We remain committed to ensuring the integrity of the FCC programs and will continue to aggressively pursue instances of waste, fraud, or abuse under our own procedures and in cooperation with law enforcement agencies. IV. ORDERING CLAUSES 43. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, and 1.3 of the Commission’s rules, 47 CFR §§ 0.91, 0.291, and 1.3, that sections 47 CFR §§ 54.405(e)(3)-(4), 54.407(c)(2), 54.410(f), 54.504(d)(1)(i), 54.507(d)(4), 54.514(a), 54.516(a), 54.618, 54.627(a), 54.631(b), 54.720(a)-(b), 54.1710(b)(2)(i), 54.1715(b), 54.1718(b)(1)-(2), 54.1806(f)(1) and (5), 54.1808(c)(1)-(2), and 54.1809(c) and (d), and the High-Cost program performance testing and pre-testing requirements are waived to the extent provided herein, and the COVID-19 Telehealth Program purchase and implementation deadline are waived to the extent provided herein. IT IS FURTHER ORDERED, that pursuant to section 1.102(b)(1) of the Commission’s rules, 47 CFR § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Trent B. Harkrader Chief Wireline Competition Bureau 2