First Self-Provisioned Fiber Approved for E-rate Funding

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Despite announcing with much fanfare back in December 2014 that the FCC had changed its rules to permit schools and libraries to obtain E-rate funding to self-provision fiber, it appears that USAC has only just approved an application for a school seeking to purchase and operate its own fiber network—the only such approval to date to our knowledge.

In its Second Report and Order in its E-rate modernization proceeding the FCC “equalized” the treatment of lit, dark, and self-provisioned fiber by permitting schools and libraries to receive E-rate funding for dark or self-provisioned fiber for the first time, including the electronics necessary to utilize dark and self-provisioned fiber.

The rule change permitting the funding of self-provisioned fiber was an underlying assumption girding the FCC’s cost model to keep spending in the E-rate program within its new $3.9 billion annual budget.  The model assumed that a significant number of schools and libraries would choose to self-provision the fiber necessary to deliver high speed broadband services necessary to deliver modern educational services to the nation’s K-12 students.  A brief review of the different models for provisioning fiber in a school district may help to explain why this has not panned out as hoped in the FCC’s 2014 order.

  Fiber Electronics Operation, Maintenance & Upgrades
Self-Provisioned Fiber Owned by school/library Owned by school/library School/library’s responsibility
Dark Fiber Leased from third party Owned by school/library School/library’s responsibility
Lit Fiber Owned by service provider Owned by service provider Service provider’s responsibility

A last-minute addition to the 2014 order required E-rate applicants to make “apples-to-apples” comparisons when considering self-provisioning or dark fiber options by including the costs of electronics needed to light both dark and self-provisioned fiber, and that the applicants solicit proposals for lit fiber anytime they seek dark or self-provisioned fiber solutions.  At the time, many in the industry predicted that after making such comparisons, schools and libraries would realize that they were ill-equipped to operate, maintain and upgrade broadband fiber facilities.  With self-provisioning, there is the added burden that the school and library must act as its own contractor in having the fiber built.

If self-provisioning were a more attractive option, we would have expected more approvals at this point in the funding year.  A recent survey by Funds for Learning, however, indicates that the vast majority—88%of respondents declined to apply for E-rate funding for self-provisioned networks.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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