47 C.F.R. § 54.501

Eligible recipients

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(a) Schools. (1) Only schools meeting the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of this subpart, and not excluded under paragraphs (a)(2) or (3) of this section shall be eligible for discounts on telecommunications and other supported services under this subpart.

(2) Schools operating as for-profit businesses shall not be eligible for discounts under this subpart.

(3) Schools with endowments exceeding $50,000,000 shall not be eligible for discounts under this subpart.

(b) Libraries. (1) Only libraries eligible for assistance from a State library administrative agency under the Library Services and Technology Act (20 U.S.C. 9122) and not excluded under paragraph (b)(2) or (3) of this section shall be eligible for discounts under this subpart.

(2) Except as provided in paragraph (b)(4) of this section, a library's eligibility for universal service funding shall depend on its funding as an independent entity. Only libraries whose budgets are completely separate from any schools (including, but not limited to, elementary and secondary schools, colleges, and universities) shall be eligible for discounts as libraries under this subpart.

(3) Libraries operating as for-profit businesses shall not be eligible for discounts under this subpart.

(4) A Tribal college or university library that serves as a public library by having dedicated library staff, regular hours, and a collection available for public use in its community shall be eligible for discounts under this subpart.

(1) For consortia, discounts under this subpart shall apply only to the portion of eligible telecommunications and other supported services used by eligible schools and libraries.

(2) Service providers shall keep and retain records of rates charged to and discounts allowed for eligible schools and libraries—on their own or as part of a consortium. Such records shall be available for public inspection.

[62 FR 32948, June 17, 1997, as amended at 63 FR 2129, Jan. 13, 1998; 68 FR 36942, June 20, 2003; 75 FR 75411, Dec. 3, 2010; 76 FR 56302, Sept. 13, 2011; 79 FR 49198, Aug. 19, 2014; 79 FR 68634, Nov. 18, 2014; 87 FR 8210, Feb. 14, 2022; 88 FR 55409, Aug. 15, 2023]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2002–2024 · leading case: City of Springfield v. Lan Tamers, Inc. (In Re Lan Tamers, Inc.), 281 B.R. 782 (Bankr. D. Mass. 2002).

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City of Springfield v. Lan Tamers, Inc. (In Re Lan Tamers, Inc.), 281 B.R. 782 (Bankr. D. Mass. 2002). · cites it 2× “§ 254 (h)(B); 2 47 C.F.R. § 54.501 (2002). The level of E-rate discounts or reimbursements is largely dependent on the economic condition of the target area.”

Consumers' Rsch. v. FCC, 109 F.4th 743 (5th Cir. 2024). “FCC has answered some of these questions, see 47 C.F.R. §§ 54.501 , .502, .505, but it remains a mystery how we are supposed to “ascertain whether the will of Congress has been obeyed.”

Whitmore Lake Pub. Schs. v. CMC Telecom, Inc. (In Re CMC Telecom, Inc.), 383 B.R. 52 (Bankr. E.D. Mich. 2008). “¶ 10; 47 C.F.R. § 54.501 (a); 47 U.S.C. § 254 (e)(“[0]nly an eligible telecommunications carrier .”

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