As reported in the May 9, 2026 edition of the ICORE Blog, at its April Open Meeting the Commission adopted a Report and Order (Order) and Order on Reconsideration related to the E-Rate Program. The Order amended the E-Rate Program rules to increase program integrity and to assist applicants with program compliance. Further the amended rules are intended to prevent improper payments, simplify program rules, and decrease the risk of fraud in the E-Rate program. Specifically, the Order does the following:
* Creates and implements a competitive bidding portal and repository for the funding year 2028 competitive bidding cycle, beginning July 1, 2027.
* Requires prospective service providers to submit bids responding to applicants’ requests for services (Form 470) to the portal and requires applicants to upload all related documentation including bid evaluation and vendor selection documentation and contracts to the portal.
* Reduces the need for applicants to respond to documentation requests from the Commission and USAC.
* Simplifies and refines the procedures for providers and applicants transitioning service providers; provides guidance on cost allocation rules; and clarifies competitive bidding rules.
* Steamlines procedures for providers and applicants by eliminating the receipt of the service confirmation form, FCC Form 486.
On June 18, 2026, Petitions for Reconsideration (PFR) of the April E-Rate Order were filed separately with the Commission by CRW Consulting and the Schools, Health and Libraries Broadband Coalition (SHLB). In its PFR of the Order, CRW stated that the FCC’s analysis was arbitrary and capricious and further that the Commission did not give proper notice of the rules it had adopted as required by the Administrative Procedure Act (APA). In addition, CRW maintains that the final rules enacted by the Order reflect significant changes and were not a logical outgrowth of the original proposals in the Bid Portal NPRM and certain aspects of Order do not sufficiently consider the real-world operation of the E-Rate Program. CRW seeks reconsideration of the Order’s requirement limiting access to the E-Rate bidding portal to three named users per applicant and the requirement any questions and answers between applicants and potential service providers that take place outside of the bidding portal be summarized and uploaded to the portal within 72 hours. Finally, CRW asks the Commission to clarify that communications between applicants and providers through the bidding portal should only be required until the date the bid evaluation process has been completed.
In its PFR, SHLB seeks reconsideration of the Order because the FCC’s substantive analysis and procedural approach was arbitrary and capricious. Like CRW, as discussed above, SHLB maintains that the Order was adopted without affording interested parties sufficient notice and opportunity for comment in violation of the APA. SHLB states that the Order’s rules were not a logical outgrowth of the proposals in the Bidding Portal NPRM and the final rules are not supported by current facts and evidence, which although brought to the attention of the FCC, were ignored. Instead, SHLB states, the FCC relied on outdated evidence and information that is no longer accurate. Further, the final rules established by the Order will conflict with existing state procurement rules and the FCC failed to justify the de facto preemption of those state rules. Finally, SHLB asks the Commission to rescind the Order and establish a supplemental comment cycle.
On July 28, 2026, the FCC issued a Public Notice announcing that the PFRs had been filed relative to the Order. Oppositions to the PFRs must be filed within 15 days of the date of publication of the Public Notice in the Federal Register.
In a related matter, in the 7/22/26 edition of the ICORE Blog we reported that at its June 26, 2026 Open Meeting the Commission adopted a NPRM and FNPRM regarding the E-Rate Program. The NPRM seeks comment on actions to ensure the E-Rate Program advances student learning outcomes and better protects the on-line safety of children when using E-Rate funded networks and services. The FNPRM proposes actions to strengthen program integrity by increasing oversight over consultants, including requiring annual disclosures and certifications. As of this writing, the Comment/Reply Comments dates for these proceedings have not been announced.
