E-Rate and Universal Service
The Universal Service Administrative Company (USAC) Schools and Libraries Support Mechanism, also known as the E-Rate Program, is authorized to annually fund at least $2.25 billion in eligible services for schools and libraries. More than 4,000 registered providers of telecommunications, Internet access and internal connections participate in the E-Rate Program, and Patton Boggs is proud to have developed the first focused practice in the nation dedicated to assisting and advising these participants.
Patton Boggs’ TechComm group includes attorneys that helped administer the E-Rate Program at USAC and are among the most knowledgeable and experienced in the field about the requirements. We assist our clients with all facets of the E-Rate Program, including application advice, ongoing compliance, audits, preparing and filing USAC and FCC appeals, congressional outreach, litigation, and representation in Department of Justice (DOJ) investigations and Qui Tam actions.
We also work extensively with other universal service support mechanisms such as the Rural Health Care Program, Rural Health Care Pilot Project Program, High Cost Program and the Low Income Program Lifeline/Link-up.
The TechComm Group’s collective expertise and experience offers the most comprehensive and complete set of capabilities available to clients that are already participating in, or who are interested in participating in, the E-Rate Program. Our professionals provide advice and counsel to service providers, new entrants and USF contributors on:
- Competitive bidding, contract terms and invoicing. These efforts include providing company training and compliance audits of applicant and service provider plans and procedures related to the E-Rate Program.
- Regulatory and programmatic interpretation and guidance on FCC E-Rate Program rules and USAC programmatic policies, procedures and changes.
- Eligibility of products and services and cost allocation requirements.
- Preparation of FCC Form 499s, FCC investigations and audits of Universal Service Fund contributions, and appeals of decisions relating to such contributions.
- Preparation and filing designations for eligible telecommunication carriers (ETC).
- Any and all types of USAC compliance issues relating to E-Rate Program matters, including commitment and other funding adjustments (COMAD), pattern analysis information requests, special compliance information requests and reviews, audits and special investigations.
- Resolving funding delays.
- Preparation, filing and prosecution of USAC and FCC appeals on behalf of service providers and applicants based upon USAC denials or USAC COMADs seeking reduction and/or return of funds.
- Improper Payments Information Act (IPIA) a Freedom of Information Act (FOIA) requests and appeals of the denial of such requests.
- Litigation matters pertaining to the E-Rate Program.
- Federal and state criminal and civil investigations and inquiries, DOJ False Claims Act investigations and Qui Tam actions, FCC debarment proceedings and other regulatory enforcement proceedings by providing strategic advice, business-focused advocacy and litigation support.
- Shaping the FCC and USAC rules governing the E-Rate Program by participating in FCC and USAC proceedings including, for example, filing comments regarding the eligible services list and USAC’s administrative procedures and policies.