CHANGES

1. CHANGES Fall 2012 The E-Rate Program

2. New and Recent Changes • New • FY2013 Eligible Services List • Technology Plan requirement • Use of manufacturer’s name • Lowest Corresponding Price • Recent • Gift acceptance • Item 21 Deadline • CIPA Requirement • Operational SPIN Changes

3. Eligible Services Eligible Services List (ESL) Order

4. No changes to overall eligibility of products and services • Format changes to the ESL • Background: Some regulatory and procedural information are relocated to Special Eligibility Conditions • Priority One services are consolidated into one list • New information about service category selection for Priority One services on FCC Form 470 • Overview • Eligible Services List Order

5. FCC Form 470 Guidance • Sufficient for applicants to check off one Priority One service category (Telecom Services or Internet Access) • Description of the services requested or RFP must contain enough detail for service providers to identify services and formulate bids (no change from current requirement) • Service providers should review entire Priority One section • ESL Order – Other highlights • Eligible Services List Order

6. FCC Form 471 Guidance • Applicants must continue to select the correct category of service on the FCC Form 471 for regulatory purposes such as: • Telecom Services must be provided by eligible telecom carriers • Requests for Internet Access must be CIPA compliant • Once an applicant has selected a vendor, they may consult with the vendor to determine which service category to check in Block 5 of the FCC Form 471 • ESL Order – Other highlights • Eligible Services List Order

7. Technology Plan • Only required for Priority Two goods and services (recent change) • If there exists an approved plan, even though it expires at the end of the current Funding Year, a draft is NOT required for the upcoming Funding Year.

8. FCC Form 470 and RFP Issues Use of Manufacturer’s Name • New requirement for FY 2013 FCC Forms 470 and RFPs • Commission’s competitive bidding rules prohibit applicants from including a particular manufacturer’s name, brand, product or service in an FCC Form 470 or request for proposals (RFPs) unless they also use the words “or equivalent” in such a description. • “XYZ manufacturer's high-speed router model 345J or equivalent” meets new requirement. • Applicants must carefully consider all of the bids received before selecting a winning bidder.

9. 47 CFR § 54.500(f): Lowest corresponding price is the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services. • Huffington Post Article • What is the Lowest Corresponding Price (LCP) rule? • Lowest Corresponding Price

10. “Modest refreshments not offered as part of a meal, items with little intrinsic value intended for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individuals or entities subject to this rule, if the value of these items received by any individual does not exceed $50 from one service provider per funding year.” See 47 C.F.R. § 54.503(d)(1). • Single source = all employees, officers, representatives, agents, contractors, or directors of the service provider. • Gift Rule Exceptions • Gifts and Donations

11. Recent Changes • Item 21 deadline is the SAME as the Form 471 deadline

12. Cyberbullying education Recent: Due by July 1, 2012 • … applicants to also certify that their CIPA-required Internet safety policies provide for the education of studentsregarding appropriate online behavior including interacting with other individuals on social networking websites and in chat rooms, and regarding cyberbullying awareness and response. • FCC 11-125(Tip) • http://onguardonline.gov/(Tip) • Keep a copy of the paid invoice for filtering in file (Tip)

13. Operational SPIN changes • A list of specific information to include can be found in the Operational SPIN Change document on the USAC website • If any service was provided by the original SPIN, clearly indicate the dates, charges, and other pertinent information for both the original and new SPINs • Don’t forget to include … • SPIN Changes

14. Operational SPIN changes (continued) • A statement that: • The change is allowed under your applicable state and local procurement rules • The change is allowable under the terms of any contract between you and the original service provider • You have notified the original service provider of your intent to change service providers • Don’t forget to include … • SPIN Changes

15. Operational SPIN changes (continued) • For FRNs from FY2011 and future funding years: • A statement of your legitimate reason to change service providers (e.g., breach of contract or unable to provide service) • A copy of your bid evaluation OR a statement that you received only one or no bids • Don’t forget to include … • SPIN Changes

16. Operational SPIN changes (continued) • For FRNs from FY2011 and future funding years, it is helpful to provide a copy of the following: • Your bid evaluation document • Documentation, if any, to support your legitimate reason for changing service providers • Don’t forget to include … • SPIN Changes

17. Include Internet Access on your 470 • Changing from Applicant to Service Provider • ICN

18. PIA Myths and Misconceptions

19. Thank-you • Questions? Contact the e-Rate Program! Phone: (888) 203-8100 (Tip: They’re nice, helpful!) Fax: (888) 276-8736 E-mail:Submit-a-Question Website:www.usac.org/sl *Note* For extra guidance, please consider our Helping Applicants to Succeed (HATS) initiative

20. Gerry Zeller • V: 847.828.4606 • F: 847.729.5240 • E: gzeller@zellerandassociates.com • Or