Agenda Changes in 6 th Order New SPIN Change Rules New Gift Rules Changes to Eligible Services Anticipated Filtering Rules BREAK Audits/PQA Initiative New Forms 470 and 471
6 th Report and Order FCC released Order September 28 Biggest changes to E-rate since program began in 1998 Future Order may address: Revision to the definition of Rural Changes to the discount calculation methodology Changes to the manner in which P2 funding is distributed Next NPRM will not be issued in Spring as previously expected Lets Review 6 th Order major changes…
New SPIN Change Rules Beginning with FY 2011: An applicant may not change to a different service provider for a particular funding year after a service provider has been selected through the competitive bidding process unless (1) there is a legitimate reason to change providers (e.g., breach of contract or the service provider is unable to perform); and (2) the newly selected service provider received the next highest point value in the original bid evaluation, assuming there was more than one bidder.
New SPIN Change Rules Why? Some vendors were abusing lax SPIN change rules and not bothering to participate in 470 bidding process What does this mean? Can no longer switch vendors because of lower price Must select vendor that received the next highest point value in the original bid evaluation, assuming there was more than one bidder If only one original bidder, an applicant may select a substitute service provider that satisfies its needs most effectively and efficiently An applicant will not be required to initiate another competitive bidding process by submitting a new Form 470 Split FRNs when transitioning to new service is acceptable Can submit new 470 in mid-year if you want to switch for any other reason or want to sign new multi-year contract 5
Gift Restrictions Effective January 2, 1011 All gifts from service providers to applicants are prohibited except for: (1) Modest refreshments that are not offered as part of meal (e.g., coffee and donuts provided at a meeting) and items with little intrinsic value intended for presentation (e.g., certificates and plaques); and (2) Items that are worth $20 or less (e.g., pencils, pens, hats, t-shirts, and other items worth less than $20, including meals), as long as those items do not exceed $50 per employee from any one vendor source per funding year 6
Exceptions to Gift Restrictions Exception for charitable contributions Service providers can continue making charitable donations to E-rate eligible entities in the support of schools – including, for example, literacy programs, scholarships, and capital improvements – as long as such contributions are not directly or indirectly related to E-rate procurement activities or decisions Exception for personal gifts There is an exception for gifts to family and personal friends when those gifts are made using personal funds of the donor (without reimbursement from an employer) and are not related to a business transaction or business relationship 7
Who is Subject to Gift Restrictions? Service providers All service providers with current or possible future E-rate relationship to applicant All individuals who are on the governing boards of such an entity (such as members of the board of directors); and All employees, officers, representatives, agents, or independent contractors of such entities 8
Who is Subject to Gift Restrictions? Applicants All individuals who are on the governing boards of such entities (such as members of a school board) All employees, officers, representatives, agents, consultants or independent contractors of such entities involved on behalf of such school, library, or consortium with E-rate Individuals whose work in any way relates to E-rate forms and technology plans; Individuals who prepare bids, communicate or work with E- rate service providers, E-rate consultants, or with USAC; and Any staff of such entities responsible for monitoring compliance with the E-rate Program 9
Presumably, affected staff includes, but is not limited to, school business officials, superintendents, technology directors, school board members, and library directors – anyone who has any role in procurement, E-rate, or technology planning
Other Important Gift Details Aggregate value of all gifts to an E-rate applicant, from any employees, officers, representatives, agents, independent contractors, or directors of the service providers, are considered when computing the $50 annual limit Rules are always applicable, not just during the time period when the competitive bidding process is taking place State and local restrictions regarding gifts also still apply If more stringent than federal requirements, violation of state or local provision constitutes a violation of the FCC rule 11
Does P1 vs P2 Matter? If an applicant only applies for Priority 1 Services, gifts received from E-rate vendors that only sell Priority 2 equipment/services are not subject to the $20/$50 rule If an applicant opts to apply for Priority 2 equipment/services for the first time, the applicant must have been in compliance with the E-rate gift rules for the six months preceding the posting of the Form 470 Vendor-sponsored trinkets, gifts, raffle-prizes, and hospitality suites at conferences ARE included in the Gift Rule restrictions 12
Disposal, Repayment, Tracking Disposal of Gifts: Applicants may dispose of the gift in order for the value of the gift to not be counted toward the $20/$50 rule, but must be done so immediately Such disposal should be recorded Repayment of Value of Gifts: Applicants may repay to the vendor the retail value of the gift so the gift is not counted toward the $20/$50 rule if repayment is made immediately following the gift donation Such repayment should be recorded Both vendors and applicants must keep an annual record of the value of all gifts received and donated during each year (July 1 - June 30) Such records may be requested during an audit or USAC investigation 13
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 14 Gifts OKGifts NOT OK Coffee and donuts at a presentationMeal at presentation Door Prize: Ball cap worth $20 or lessDoor Prize: $30 gift card Certificate or plaque presented at conference Gold watch given as thank you gift Travel, food or lodging at conference, even if you are speaking on behalf of the provider Pens handed out a conference worth $20 or less Conference giveaways: any item exceeding $20 in value (e.g. book bag or briefcase) Holiday present to sibling, not reimbursed by company, paid with own funds Customer Appreciation meal/gift exceeding $20 Gift Examples
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 15 Gifts OKGifts NOT OK Joe Applicant gets $18 lunch from Larry, the Cable Guy. No other meals or gifts during the year from anyone employed by, or representing, the Cable Company. No Rule Violation = Total gift below $20 and $50 threshold. Joe Applicant gets $12 lunch from Larry, the Cable Guy three times during the year. (Total: $36 total). Larrys boss, takes Joe to lunch for $18. (Total from Cable Company: $54). Rule violation = exceeded $50 threshold Jane Applicant wins mousepad at a conference from Internet R Us. (Value = $8) Jane Applicant also receives $15 box of chocolates from Internet R Us. No Rule Violation = Both below $20 and did not exceed $50 threshold. Jane Applicant wins a wireless mouse and mousepad at a conference from Internet R Us. (Value = $24 +$8) Rule violation: One gift exceeded $20 threshold. Gift Examples
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 16 Gifts OKGifts NOT OK Joe Applicant attends a conference and picks up a free ballpoint pen and stress ball from a company hes never heard of. No further gifts are given. No Rule Violation = Total gift below $20 and $50 threshold. Joe Applicant is invited to a customer appreciation lunch at a seminar. Meal value = $22 Rule violation = exceeded $20 threshold Jane Applicant received a bag of peaches in the summer from a provider. Value of peaches = $10 No other gifts are given by anyone from that company for the rest of the year. No Rule Violation = Below $20 and did not exceed $50 threshold. Jane Applicant is invited to speak at a conference regarding services she gets from a provider. The provider offers to pick up travel costs. Rule violation: Total gift exceeded $20 threshold. Gift Examples
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 17 Gifts OKGifts NOT OK Joe Applicant (district discount 43%) attends a conference and is taken to lunch by Polycom. Lunch costs $25. No Rule Violation = Applicant does not apply for Priority 2 funding and Polycom does not provide Priority 1 services. Jane Applicant (district discount 72% but one 90% building will apply for video codecs in FY 2011 for the first time ever) receives a free ipod from Polycom at a conference in November Rule Violation = iPod over $20 value, gift was given less than 6 months before 470 was posted. Jane Applicant (district discount 72% but one 90% building will apply for video codecs in FY 2012 for the first time ever) receives a free ipod from Polycom at a conference in November No Rule Violation = Although iPod over $20 value, gift was given more than 6 months before 470 was posted. Gift Examples
FCC EDU: Off-Campus Wireless Pilot Called EDU – E-rate Deployed Ubiquitously New pilot program that will provide funding for off-campus wireless connectivity through mobile devices Competitive grant $10 million in FY2011 Schools and libraries were eligible Preference given to those already implementing such programs Pilot will gather more information about issues affecting such use which can later be used for permanent rules 4 PA applicants; 80 nationwide Winners should be announced by July EXPECT THIS TO EXPAND IN FUTURE YEARS
Funding Cap Increased to Inflation Since the program's inception, E-rate funding has been capped at $2.25 billion Beginning in FY 2010, the cap will increase for inflation, based on the Department of Commerce's Gross Domestic Product numbers FY 2010 cap will increase to $2,270,250,000 $20.25 million The cap will not decrease in event of deflation and will be in addition to any rollover funds from previous years' undisbursed funding
Eligible Residential Locations Beginning with FY 2011, residential locations within eligible schools will be eligible if they serve: tribal students children with physical, cognitive, or behavioral disabilities juvenile justice students, or residential schools where 35% or more of their students are eligible for NSLP Schools can be public or private and both Priority 1 and Priority 2 services are eligible Residential locations of cyber school students or employees are NOT eligible 21
Change to Tech Plan Rules Beginning with FY 2011, budget no longer required as part of tech plan Beginning with FY 2011, E-rate will only require written or approved tech plans if applying for Priority 2 funding (internal connections or basic maintenance) If only applying for P1, Item 26 on Form 471, check off the box that says: I certify that no technology plan is required by Commission rules.
Community Use of Services Schools may now permit general public to use the schools Internet access during non-school hours – at the school Until February 2010, such Internet access was only permitted to be used by K- 12 students and staff for educational purposes only, putting many schools and most vocational technical schools in a difficult position In February 2010, the FCC permitted such usage on a temporary basis 3 conditions for community use of school facilities: Usage is permitted only during a schools non-operating hours or summer School may not request E-rate funding for a higher level of service than would be required for educational purposes Schools may not charge for the use of the Internet access, but may charge reasonable fees to cover overhead costs from individuals that use the schools' services and facilities Organizations using a schools' services are permitted to recover related costs (e.g., curriculum development and presentation costs) from attendees
Community Use of Services School not required to open facilities Internet filtering rules must remain intact during use New rule in no way permits schools to share their bandwidth with other ineligible entities, such as an off-site after-school program at the YMCA or community center Also does not permit partially eligible entities, such as a Diocesan office that provides services to both schools and the church, to stop cost allocating the ineligible portion of Internet use
Lit Fiber Eligibility Can be leased from telecommunications provider (such as Verizon, Comcast, Sunesys, PenTeleData, Sting, etc.) OR Beginning in FY 2011, can be leased from ANY other provider (such as electric company, cable company, regional network, etc) Post in both telecom and internet category on Form 470 Vendors must light fiber 25
Dark Fiber Eligibility Beginning in FY 2011, applicants may lease dark fiber from any provider (including non telecom carrier) Such as Nittany Media, Adams Cable, IUs, electric companies, etc. Conditions: E-rate will not pay for the building of new fiber networks off school property Installation (non-recurring) charges are eligible from school building to edge of school property Unclear whether NRC costs can be bundled with MRC Modulating electronics must be provided by the applicant and cannot be bundled with the cost of the service This equipment is eligible for Priority 2 funding Purchase of fiber still not eligible 26
Transfer of Equipment OLD and UNCHANGED: E-rate funded equipment must remain at approved site for 3 full years after installation After which it may be moved to another eligible location, providing documentation is retained describing transfer If school or library closes, equipment may be moved to another entity, regardless of discount Must send letter to SLD outlining closing of school and transfer of equipment Must keep documentation regarding transfer for 5 years NEW: After 5 years, equipment may be disposed of or sold Disposal does not need to be reported to USAC Proceeds from sale do not need to be returned to USAC 27
Basic Maintenance of Equipment Beginning in FY 2011, maintenance severely curtailed Eligible: Bundled manufacturer warranties up to 3 years Cannot have a separate price Software, patches, online support Can be invoiced at beginning of year for whole year, regardless of actual usage Actual labor and break-fix cost Can only be invoiced after service used Ineligible: Unbundled warranties, insurance-type warranties, including traditional Smartnet 28
Unbundled Break/Fix Maintenance Reimbursement amount USAC will only pay for cost of actual work performed (which includes labor, equipment fix, or if it is beyond repair, equipment replacement) Calculation of funding request for parts/fix/labor: Must be based on an estimated number of maintenance hours per year for eligible equipment, based on current life of equipment and history of needed repairs Contract: Must separately identify cost of maintaining E-rate eligible equipment from E-rate ineligible equipment May not mix E-rate eligible maintenance services with other ineligible services (such as help desk or monitoring services) 29
Cisco Smartnet Due to new E-rate restrictions, Cisco has completely revised pricing structure for E-rate purchases. CiscoBASE = software, patches, tac support Included with 1 st year of purchase price After 1 st year, applicants will be required to post 470 and apply for this service separately (expected to be 80% of Smartnet cost)
Cisco Smartnet Cisco Advanced Replacement = next-day Included for 3 years with purchase price After 3 rd year, applicants will be required to post 470 and apply for this service separately. E-rate will then only pay if advanced replacement/labor is actually used. Will not pay for full annual price.
FCC EDU Lit/Dark Fiber eligibility Transfer of equipment Technology plans Community use of services Basic maintenance/Smartnet Anything dealing with eligible services?
Changes to CIPA Law New CIPA Law passed October 2008 In Nov 2009 NPRM, FCC did not include guidance on the extent to which online safety must be taught -- likely leaving this up to each school to decide CIPA Order should be released in coming months that will contain details of implementation requirements Will likely be effective beginning July 1, 2011
Changes to CIPA Law Internet Safety Policies will be required to include "... educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response." Essentially means that schools must educate students related to online safety in order to receive E-rate funding If you havent done so already, amend your Internet Safety Policies now and include this training in your curriculum Law will NOT be retroactive Dont be fooled by companies that claim they are FCC- approved to provide this training or that you are required to purchase their product in order to be compliant
Filtering: Who, What and When New CIPA Order likely to answer these key questions: School-owned computers used off-campus using private Internet Anticipated: MUST FILTER School-owned computers used off-campus using Districts Internet Anticipated: MUST FILTER Student/teacher owned computers used on-campus but using Districts Internet Anticipated: MUST FILTER Student/teacher-owned computers used on-campus but using personal Internet (aircard) Anticipated: NO FCC REQUIREMENT TO FILTER BUT: This should be addressed in your Districts acceptable use policy
Big Changes to Audits For last 3 years, FCC Inspector General required Attestation Audits of E-rate applicants Attestation audits are most severe type of audit Audit program being revamped Attestation audits replaced with PQA Audits and Program Compliance Audits Program Compliance Audits – largest of audits Will begin around April 2011 Conducted mostly off-site Will determine if you followed program rules
PQA: Program Quality Assurance PQA Audits per quarter Request sent to the entity's contact person via and is based solely on a single invoice that has been paid by USAC Proof of non-profit status Proof of eligible school or library status List of endowments List of all entities receiving services List of specific services that corresponds to invoice Dollar amount of invoice paid by USAC Copy of invoice showing discount applied Copy of check showing reimbursement from vendor, including cancelled check or bank statement Tech plan approval letter(s) 37
Document Retention Rules require all applicants to retain ALL E-rate and related documents for 5 years from last day of service in a particular funding year (which is basically 6.5 years) If auditor visits in 4 years, and documents are missing, it could be the basis to recover all funding from that funding year Document and keep everything remotely related to E-rate Like what?
Documents to Retain Tech plan and approval letter Proof of date tech plan written Consultant agreements RFP and proof of publication date All vendor correspondence Winning and losing bids Professional development sign-in sheets Bid evaluation documentation Proof of authorization to sign E-rate forms Filtering records and payments NSLP forms and enrollment records Notification to vendor when changing service providers AUP and proof of public meeting Signed contracts Budgets Purchase orders Packing slips Asset or inventory records Installation records All vendor invoices Front and back of checks as proof of payment to vendor (non-discounted share) Proof of receipt of payment from vendor (BEAR checks) Soon: Proof that you are educating students about online safety
Reminders... Last possible day to post 470 = February 24 Last possible day to post 471/Item 21 attachments = March 24 School closings: Build-in no liability clauses for school building closures Calculating pre-discount price: If your vendor charges USF fee, be sure to calculate using 15.5% USF rate
Contains most changes...
Changes to Form 470 New Question: Applicant Demographics: Public Private Charter Tribal Head Start State Agency You must check at least one option You may check multiple options
Changes to 470 Applicants must identify any and all consultants that assisted with the preparation of each form Consultants will be assigned a Consultant Registration Number (CRN) This number must be provided on the form Form field should populate with contact info for that consultant Also must identify actual consultant employees name(s)
Changes to 470 I certify that, if required by Commission rules, all of the individual schools and libraries receiving services under this form are covered by technology plans that do or will cover all 12 months of the funding year, and that have been or will be approved by a state or other authorized body, or an SLD-certified technology plan approver, prior to the commencement of service OR I certify that no technology plan is required by Commission rules. (new)
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 45 T/MTM or contract information (Current Items 7a – 7c) Form 470 – Deleted Fields
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 46 SPI/BEAR/No preference (Current Items 8b, 9b, 10b, and 11b) Form 470 – Deleted Fields
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 47 Basic Telephone Service (Current Item 14) Form 470 – Deleted Fields
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 48 Necessary Resources (Current Items 15a-15f) Form 470 – Deleted Fields
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 49 Phone numbers and prefixes (Current Item 16c) Form 470 – Deleted Fields
Revised Forms 470 and 471 I 2010 Schools & Libraries Fall Applicant Trainings 50 Ineligible participating entities (Current Item 18) Form 470 – Deleted Fields
Not as many changes....
Changes to Form 471 New Question: Applicant Demographics: Public Private Charter Tribal Head Start State Agency You must check at least one option You may check multiple options
Changes to 471 Applicants must identify any and all consultants that assisted with the preparation of each form Consultants will be assigned a Consultant Registration Number (CRN) This number must be provided on the form Form field should populate with contact info for that consultant Also must identify actual consultant employees name(s)
Changes to 471 I certify that, if required by Commission rules, all of the individual schools and libraries receiving services under this form are covered by technology plans that do or will cover all 12 months of the funding year, and that have been or will be approved by a state or other authorized body, or an SLD-certified technology plan approver, prior to the commencement of service OR I certify that no technology plan is required by Commission rules. (new)
Changes to Form 471 Block 4: Discount Calculation Worksheet Libraries must now provide urban/rural and student count information on the worksheet Certain entity-level data added or requested in a different format Block 6: Certifications and Signature Some certification language changed Consultant as authorized person checkbox added
Changes to Form 471 Block 2: Impact of Services Ordered BEFORE ORDER column removed AFTER ORDER columns to complete: Individual schools and school districts complete the Schools column Libraries and library consortia complete the Libraries column Consortia complete one or both as appropriate depending on the consortium members
Changes to Form 471 Block 2: Impact of Services Ordered – Items 7a through 7g Number of students (schools) or patrons (libraries) Number of (class)rooms with telephone service Number of drops (direct Internet connections) Number of (class)rooms with Internet access Number of computers or other devices with Internet access Number of dial-up (<56K) Internet connections Direct broadband services (next slide)
Changes to Form 471 Block 2: Impact of Services Ordered – Item 7g Direct broadband services: Number of buildings served at the following speeds: __ < 200 kbps__ 10 – 25 mbps __ 200 kbps – 1.5 mbps__ 25 – 50 mbps __ 1.5 – 3 mbps__ 50 – 10 mbps __ 3 – 10 mbps__ > 100 mbps
Changes to Form 471 Block 4: Discount Calculation Worksheet (continued) Schools must also include the following information if applicable (more than one may apply): Pre-kindergarten Head Start Adult Education Juvenile Justice Educational Service Agency (ESA) Dormitory