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 $2.25 billion in eligible communications services for schools and libraries. The E-rate Program has 4,000 registered providers of telecommunications, Internet access, and internal connections.

Patton Boggs’ TechComm group includes attorneys that helped administer the Program at USAC and are among the most knowledgeable in the field about the requirements for compliant service provider participation. We are proud to have developed the first practice in the nation that is dedicated to helping service providers who participate in the E-rate Program. We assist our clients with all facets of the E-rate Program including application advice, ongoing compliance, audits, filing USAC and FCC appeals, Congressional outreach, litigation, and representation in Department of Justice (DOJ) investigations.

In addition, we are counsel to the E-Rate Service Provider Association (ESPA). ESPA is a national association that voices the concerns of E-rate service providers before Congress, the FCC, USAC, the media, and the public. We also work extensively with other universal service support mechanisms such as the Rural Health Care Program, High Cost Program, and Low Income Program.

The TechComm group 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:

Advise and counsel service providers on all aspects of qualification for, participation in, and compliance with the rules governing the E-rate Program, including, for example, competitive bidding, contract terms, and invoicing. These efforts include providing company training and compliance audits of service provider plans and procedures related to the E-rate Program;
Provide regulatory and programmatic interpretation and guidance on FCC E-rate rules and USAC programmatic procedures and changes;
Advise existing service providers and new entrants on E-rate eligibility of products and services and cost allocation requirements;
Advise and represent service providers in any and all types of USAC compliance issues relating to E-rate Program matters, including commitment adjustments (COMAD), pattern analysis information requests, special compliance information requests and reviews, audits, and special investigations;
Advise, prepare, and file USAC and FCC appeals on behalf of service providers based upon USAC denials or USAC COMADs seeking reduction and/or return of E-rate funds;
Assist with Improper Payments Information Act (IPIA) audits;
Advise and represent service providers before the Board of Directors of USAC and the Schools and Libraries Committee of USAC, which directly oversees the administration of the E-rate Program;
Advise and represent service providers on Freedom of Information Act requests and appeals of the denial of such requests;
Advise and represent service providers on universal service matters before Congress;
Advise and counsel service providers in connection with litigation matters pertaining to the E-rate Program;
Represent service providers in federal and state criminal and civil investigations and inquiries, DOJ False Claims Act investigations, FCC debarment proceedings, and other regulatory enforcement proceedings by providing strategic advice, business-focused advocacy, and litigation support;
Help shape the FCC and USAC rules governing the Program by participating in FCC and USAC proceedings including, for example, filing comments on the eligible services list and USAC’s administrative procedures and rules that govern the E-rate Program; and
Advocate for the service provider community before Congress on legislation or regulations potentially affecting the E-rate Program and the service provider community.

We also provide counseling regarding telecommunications carrier designations and contributor requirements, with attorneys who advise and represent service providers in connection with the requirements for contributions to the Universal Service Fund, including drafting and filing appeals relating to contribution issues and audits or investigations relating to such issues, In addition, we assist, advise, and represent service providers on Eligible Telecommunications Carrier Designation requirements, preparation of FCC filings, and obtainment of USAC telecommunications carrier designation. The firm also represents service providers (tribal and non-tribal owned) and prepares FCC Petitions for Eligible Telecommunications Carrier Designation for the Low Income Program.

Professionals