§  54.1711   Emergency Connectivity Fund requests for reimbursement.

   (a) Submission of request for reimbursement (FCC Form 472 or FCC Form
   474). Emergency Connectivity Fund Program reimbursement for the costs
   associated with eligible equipment and/or services shall be provided
   directly to an eligible school, library, consortium that includes an
   eligible school or library, or service provider seeking reimbursement
   from the Emergency Connectivity Fund Program upon submission and
   approval of a completed FCC Form 472 (Billed Entity Applicant
   Reimbursement Form) or a completed FCC Form 474 (Service Provider
   Invoice) to the Administrator.

   (1) The FCC Form 472 shall be signed by the person authorized to submit
   requests for reimbursement for the eligible school, library, or
   consortium and shall include that person's certification under penalty
   of perjury that:

   (i) “I am authorized to submit this request for reimbursement on behalf
   of the above-named school, library or consortium and that based on
   information known to me or provided to me by employees responsible for
   the data being submitted, I hereby certify that the data set forth in
   this request for reimbursement has been examined and is true, accurate
   and complete. I acknowledge that any false statement on this request
   for reimbursement or on other documents submitted by this school,
   library or consortium can be punished by fine or forfeiture under the
   Communications Act (47 U.S.C. 502, 503(b)), or fine or imprisonment
   under Title 18 of the United States Code (18 U.S.C. 1001), or can lead
   to liability under the False Claims Act (31 U.S.C. 3729-3733).”

   (ii) “In addition to the foregoing, the school, library or consortium
   is in compliance with the rules and orders governing the Emergency
   Connectivity Fund Program, and I acknowledge that failure to be in
   compliance and remain in compliance with those rules and orders may
   result in the denial of funding, cancellation of funding commitments,
   and/or recoupment of past disbursements. I acknowledge that failure to
   comply with the rules and orders governing the Emergency Connectivity
   Fund Program could result in civil or criminal prosecution by law
   enforcement authorities.”

   (iii) “By signing this request for reimbursement, I certify that the
   information contained in this request for reimbursement is true,
   complete, and accurate, and the expenditures, disbursements and cash
   receipts are for the purposes and objectives set forth in the terms and
   conditions of the Federal award. I am aware that any false, fictitious,
   or fraudulent information, or the omission of any material fact, may
   subject me to criminal, civil or administrative penalties for fraud,
   false statements, false claims or otherwise. (U.S. Code Title 18,
   sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and
   3801-3812).”

   (iv) The funds sought in the request for reimbursement are for eligible
   equipment and/or services that were purchased or ordered in accordance
   with the Emergency Connectivity Fund Program rules and requirements in
   this subpart and received by either the school, library, or consortium,
   or the students, school staff, or library patrons as appropriate.

   (v) The portion of the costs eligible for reimbursement and not already
   paid for by another source was either paid for in full by the school,
   library, or consortium, or will be paid to the service provider within
   30 days of receipt of funds.

   (vi) The amount for which the school, library, or consortium is seeking
   reimbursement from the Emergency Connectivity Fund consistent with the
   requirements set out in § 54.1707.

   (vii) The school, library, or consortium is not seeking Emergency
   Connectivity Fund reimbursement for eligible equipment and/or services
   that have been purchased and reimbursed in full with other Federal
   pandemic relief funding (e.g., the Coronavirus Aid, Relief, and
   Economic Security (CARES) Act, Emergency Broadband Benefit Program, or
   other provisions of the American Rescue Plan), targeted state funding,
   other external sources of targeted funding, or targeted gifts or
   eligible for discounts from the schools and libraries universal service
   support mechanism or other universal service support mechanisms.

   (viii) The equipment and services the school, library, or consortium
   purchased using Emergency Connectivity Fund support will be used
   primarily for educational purposes as defined in § 54.1700 and that the
   authorized person is not willfully or knowingly requesting
   reimbursement for equipment or services that are not being used.

   (ix) The equipment and services the school, library, or consortium
   purchased will not be sold, resold, or transferred in consideration for
   money or any other thing of value, except as allowed by § 54.1713.

   (x) The school, library, or consortium recognizes that it may be
   subject to an audit, inspection or investigation pursuant to its
   request for reimbursement, that it will retain for ten years any and
   all records related to its request for reimbursement, and will make
   such records and equipment purchased with Emergency Connectivity Fund
   reimbursement available at the request of any representative (including
   any auditor) appointed by a state education department, the
   Administrator, the Commission and its Office of Inspector General, or
   any local, state, or Federal agency with jurisdiction over the entity.

   (xi) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C.
   1320a-7b, were paid or received by the applicant to anyone in
   connection with the Emergency Connectivity Fund.

   (xii) No Federal subsidy made available through a program administered
   by the Commission that provides funds to be used for the capital
   expenditures necessary for the provision of advanced communications
   services has been or will be used to purchase, rent, lease, or
   otherwise obtain, any covered communications equipment or service, or
   maintain any covered communications equipment or service, or maintain
   any covered communications equipment or service previously purchased,
   rented, leased, or otherwise obtained, as required by § 54.10.

   (2) The FCC Form 474 shall be signed by the person authorized to submit
   requests for reimbursement for the service provider and shall include
   that person's certification under penalty of perjury that:

   (i) “I am authorized to submit this request for reimbursement on behalf
   of the above-named service provider and that based on information known
   to me or provided to me by employees responsible for the data being
   submitted, I hereby certify that the data set forth in this request for
   reimbursement has been examined and is true, accurate and complete. I
   acknowledge that any false statement on this request for reimbursement
   or on other documents submitted by this school, library or consortium
   can be punished by fine or forfeiture under the Communications Act (47
   U.S.C. 502, 503(b)), or fine or imprisonment under Title 18 of the
   United States Code (18 U.S.C. 1001), or can lead to liability under the
   False Claims Act (31 U.S.C. 3729-3733).”

   (ii) “In addition to the foregoing, the service provider is in
   compliance with the rules and orders governing the Emergency
   Connectivity Fund Program, and I acknowledge that failure to be in
   compliance and remain in compliance with those rules and orders may
   result in the denial of funding, cancellation of funding commitments,
   and/or recoupment of past disbursements. I acknowledge that failure to
   comply with the rules and orders governing the Emergency Connectivity
   Fund Program could result in civil or criminal prosecution by law
   enforcement authorities.”

   (iii) “By signing this request for reimbursement, I certify that the
   information contained in this request for reimbursement is true,
   complete, and accurate, and the expenditures, disbursements and cash
   receipts are for the purposes and objectives set forth in the terms and
   conditions of the Federal award. I am aware that any false, fictitious,
   or fraudulent information, or the omission of any material fact, may
   subject me to criminal, civil or administrative penalties for fraud,
   false statements, false claims or otherwise. (U.S. Code Title 18,
   sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and
   3801-3812).”

   (iv) The funds sought in the request for reimbursement are for eligible
   equipment and/or services that were purchased or ordered in accordance
   with the Emergency Connectivity Fund Program rules and requirements in
   this subpart and received by either the school, library, or consortium,
   or by students, school staff, or library patrons, as appropriate.

   (v) The amount for which the service provider is seeking reimbursement
   from the Emergency Connectivity Fund is consistent with the
   requirements set forth in § 54.1707.

   (vi) The service provider is not willfully or knowingly requesting
   reimbursement for services that are not being used.

   (vii) The service provider is not seeking Emergency Connectivity Fund
   reimbursement for eligible equipment and/or services for which it has
   already been paid.

   (viii) The service provider recognizes that it may be subject to an
   audit, inspection, or investigation pursuant to its request for
   reimbursement, that it will retain for ten years any and all records
   related to its request for reimbursement, and will make such records
   and equipment purchased with Emergency Connectivity Fund reimbursement
   available at the request of any representative (including any auditor)
   appointed by a state education department, the Administrator, the
   Commission and its Office of Inspector General, or any local, state, or
   Federal agency with jurisdiction over the entity.

   (ix) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C.
   1320a-7b, were paid or received by the applicant to anyone in
   connection with the Emergency Connectivity Fund.

   (x) No Federal subsidy made available through a program administered by
   the Commission that provides funds to be used for the capital
   expenditures necessary for the provision of advanced communications
   services has been or will be used to purchase, rent, lease, or
   otherwise obtain, any covered communications equipment or service, or
   maintain any covered communications equipment or service, or maintain
   any covered communications equipment or service previously purchased,
   rented, leased, or otherwise obtained, as required by § 54.10.

   (b) Required documentation. Along with the submission of a completed
   FCC Form 472 or a completed FCC Form 474, an eligible school, library,
   consortium that includes an eligible school or library, or service
   provider seeking reimbursement from the Emergency Connectivity Fund
   must submit invoices detailing the items purchased or ordered to the
   Administrator at the time the FCC Form 472 or FCC Form 474 is
   submitted. Applicants that seek payment from the Emergency Connectivity
   Fund prior to paying their service provider(s) must also provide
   verification of payment to the service provider(s) within 30 days of
   receipt of funds.

   (c) Reimbursement and invoice processing. The Administrator shall
   accept and review requests for reimbursement and invoices subject to
   the invoice filing deadlines provided in paragraph (d) of this section.

   (d) Invoice filing deadline. Invoices must be submitted to the
   Administrator within 60 days from the date of the funding commitment
   decision letter; a revised funding commitment decision letter approving
   a post-commitment change or a successful appeal of previously denied or
   reduced funding; or service delivery date, whichever is later.

   (e) Service delivery date. For the initial filing window set forth in
   § 54.1708(b), the service delivery date for equipment and other
   non-recurring services if the equipment or services have not been
   received or ordered when the applicant submits the request for funding
   is June 30, 2022.

   [, as amended at  86 FR 41409 , Aug. 2, 2021]