E-Rate News for the Week of 11/25/02 – 11/29/02
     
     
    Wave 17 Funding for FY 2002: Congratulations to Holy Rosary School in
    Jacksonville, FL
     
    Canceling FRNs for Questionable Vendors
    The E-Rate News for the Week, prepared by E-Rate Central, is sponsored by the
    Council of Chief State School Officers ("CCSSO") and made possible by a grant
    from the AT&T Foundation. Official SLD news is in the "What’s New!" section of
    the SLD’s Web site (http://www.sl.universalservice.org). Additional information is
    on the State Education Telecommunications Alliance’s ("SETA") Web site
    (http://www.e-ratecentral.com).
     
    Wave 17 Funding for FY 2002
    Wave 17 of Funding Year 2002 will be released on Tuesday, December 3.
    Total funding in this Wave is approximately $96 million for 211 school and
    library applicants. The cumulative total for FY 2002 is now $1.55 billion for
    over 27,834z applications.
    Internal Connection funding is being provided only for applicants at the
    90% discount rate. No Internal Connection funding is available below
    80%. The availability of Internal Connection funding for discounts in the
    80-89% range cannot yet be projected, but requests for funding in this
    range are currently being reviewed by the SLD.
     
    Canceling FRNs for Questionable Vendors
    (Note from Claude: If you
    decide to follow the advice below, PLEASE call me first so that I
    might be able to advise you upon the impact with your FRN or entire
    application)
     
    In the E-Rate News for the Week of October 7
    th
    (see the weekly news
    archive in the E-Rate Central Web site http://www.e-
    ratecentral.com), they again discussed questionable supplier practices
    and indicated that a number of applications, including some from FY 2001,
    were being held by the SLD pending ongoing investigations.
    Since many of the pending applications include funding requests ("FRNs")
    for services from multiple vendors, E-Rate Central has begun receiving
    inquiries from applicants wishing to voluntarily cancel FRNs associated
    with questionable vendors in hopes of obtaining approval for the other,
    less controversial, FRNs. While this may be a viable strategy, there are
    several issues involved.

    (1) There is no clear way to identify vendors that are under investigation or
    FRNs that may be delaying application approval. One way to check on
    "questionable" vendors is to use the Data Request Tool on the SLD
    Web site, as discussed in our October 7
    th
    newsletter, to see if an
    unusually high percentage of FRNs associated with a given vendor are
    being denied or delayed.
    (2) If the services in question have not been used, because E-rate
    discounts have not yet been awarded, there is little risk to canceling
    questionable FRNs. If the services are still needed, they can be
    applied for again – with a new vendor – for FY 2003. If the services
    have been used, canceling the FRNs is more risky because it
    eliminates any possibility of E-rate discount reimbursements if the
    FRNs are ultimately approved.
    (3) Canceling FRNs – or entire Form 471 applications – provides clear
    benefits to the E-rate program as a whole because it frees up funding
    that is being held in reserve pending the completion of vendor
    investigations. The SLD may be able use these additional funds to
    bring Internal Connection funding down to lower discount rates.
    (4) There is no assurance that canceling problematic FRNs on a pending
    application will mean that any other FRNs will then be funded. The
    SLD may believe that interactions between a questionable vendor and
    an applicant have tainted the entire competitive bidding process. Thus,
    even otherwise uncontroversial FRNs for services from traditional
    telecommunications and Internet access providers may be
    compromised.
    (5) Before canceling any FRN, make sure that the action does not result in
    a breach of contract with the service provider. Unexpired contracts,
    particularly those that are contingent upon E-rate funding, should be
    reviewed with special care.
    There are several ways to cancel one or more pending FRNs. If the
    application is currently in active review by the SLD, a request can be
    made to the PIA reviewer and confirmed in writing. If the application is not
    being reviewed, an applicant can cross out the relevant FRNs on the Form
    471 Receipt Acknowledgment Letter ("RAL"), marking each with the word
    "CANCEL," and mail or fax a copy back to the SLD as per the instructions
    on page two of the RAL. Alternatively, a separate FRN cancellation
    request can be sent to the SLD by mail (FRN Cancellation, Box 125 –
    Correspondence Unit, 80 South Jefferson Road, Whippany, NJ 07981) or
    fax (973-599-6542).

    If there are FRNs on the Form 471 in question that are not being
    canceled, we strongly recommend that any correspondence with the SLD
    include a certification – if true – that the vendor(s) associated with the
    canceled FRNs played no role in the selection of the remaining service
    providers. This may help alleviate the 4
    th
    issue discussed above.
    --------------------------------------------------------------------------------------------
    Disclaimer: This newsletter may contain unofficial information on prospective E-rate developments and/or may reflect E-
    Rate Central’s own interpretations of E-rate practices and regulations. Such information is provided for planning and
    guidance purposes only. It is not meant, in any way, to supplant official announcements and instructions provided by either
    the SLD or the FCC.
     

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