Alaska State Library > E-rate

Alaska Waiver Granted by FCC

December 19, 2001
E-Rate Rule Waiver Fact Sheet

• Schools and libraries around the Nation are eligible to receive discounts on telecommunications services under a “schools and libraries universal service program” (known as E-Rate) established by Congress in the Telecommunications Act of 1996. This Federal Communications Commission program provides schools and libraries discounts of up to 90% on the cost for telecommunications services, including Internet access. FCC rules require that any school, school district, or library buying discounted telecommunications services certify that those services are to be used only for educational purposes.
• Because the schools were the only places in many communities that had access to the Internet, many school districts in the State asked whether they could make their Internet access available to others in the community. The State felt that school districts could not do so because an FCC regulation requires school districts to certify that their Internet access is used for educational purposes only. To address this matter, in January 2001, the State of Alaska filed a petition with the FCC asking the FCC to waive the rule requiring the “educational purposes only” requirement so that, under certain circumstances, schools or libraries could make the telecommunications service used to access the Internet available to be used by an AfterSchool/Internet Service Provider (AS/ISP). That AS/ISP, which may or may not be a currently operating Internet provider elsewhere, would then provide local or toll-free Internet access to the community.
• The FCC released an order on December 3, 2001 granting the State of Alaska’s petition, subject to five conditions. The FCC order is effective immediately and will continue to be so unless and until the FCC or a court with the authority to do so orders otherwise. This waiver will permit residents of many remote rural communities to access the Internet with a local (or toll-free) phone call for the first time.
• The following five conditions must be met for each eligible community:
  1. There is no local or toll-free Internet access available in the community or communities to be served by the use of the school district’s telecommunications service.
  2. The school (or library) does not purchase more discounted telecommunications services for Internet access than it needs for educational use.
  3. The telecommunications service currently used by the school (or library) to access the Internet must be purchased on a non-usage sensitive basis. In other words, the price the school district (or library) pays to access the Internet must be the same regardless of the amount of use of that service. In Alaska, most schools pay a fixed charge per month regardless of actual use.
  4. The AS/ISPs can offer service only during hours when the school (or library) is closed. The school districts (or libraries) must include specific language in their agreements with AS/ISPs that imposes this requirement, based on information about the school’s or library’s normal operating hours and calendar. Each AS/ISP must show the school district that it can and will implement this requirement.
  5. The school districts (or libraries) must make the telecommunications services to be shared available to AS/ISPs in a neutral manner that does not require or take into consideration any commitments or promises made by an AS/ISP. For example, the selection of AS/ISPs may not be based on the price it proposes to charge community members for Internet access or the level or speed of the service a AS/ISP plans to offer. However, the school district or library may establish minimal technical requirements the AS/ISP must satisfy to protect the integrity of the school’s or library’s telecommunications network. It may also require proof that a AS/ISP is actually capable of providing the service and is prepared to offer it within a reasonable timeframe. A neutral manner could include, for example, some random selection method (such as placing the names of all qualified AS/ISPs in a hat and picking one or more).
• Any costs the school district or AS/ISP incurs in implementing the waiver program (which might include, for example, additional telecommunications equipment or construction costs) are not eligible for the discount provided for the school’s telecommunications services through the E-Rate program. Schools may share these costs or require that they be totally the responsibility of the AS/ISP.
• The State will advise schools and libraries of specific record-keeping requirements needed to assure adherence to these FCC’s conditions and to track implementation of the waiver.

This fact sheet was produced for you by staff of the Office of the Lt. Governor, Fran Ulmer,
the Alaska Department of Education and Early Development Division of Libraries and Museums, and the Regulatory Commission of Alaska.

Questions concerning this program should be directed to Valerie Oliver, E-Rate Coordinator, Alaska State Library, at erate@eed.state.ak.us. Staff from the Regulatory Commission of Alaska will assist in resolving technical questions.

Alaska Waiver Order : CC Docket NO. 96-45

Text of the Alaska Waiver

Steps and Documentation Needed for Utilizing the Alaska Waiver

Implementation Checklist

1. Certify eligibility (Forms A and B)
2. Draw up announcement/RFP (Form C)
3. Distribute announcement (Form C)
4. Answer questions from prospective providers
5. Receive and evaluate proposals (Form D)
6. Select service provider (Form D)
7. Draw up and sign contract/agreement (Form E)

As documents are prepared and signed, copies must be sent to AWIG

The PDF files listed below were developed by the Alaska Waiver Implementation Group (AWIG) to manage the process of implementing the waiver in individual communities. Explanation of the use of each document is provided with the link. Copies of the documents must be returned to the Working Group (contact information is on each sheet) if a district is going to utilize the waiver within any community.

Form A: An Eligibility Survey

Collects information on the availability of local-dial or toll-free Internet access in each community in which an E-Rate supported school exists

Form B: Determination of Eligibility for Participation

Certifies the eligibility of a specific community and indicates the intention of a school district to explore using the waiver in that community

Form C: Announcement and Request Process for AS/ISP Services

Offers instructions and advice on preparing an RFP to be publicized to possible vendors applying to provide services under the waiver

Form D: Evaluating Proposals and Selecting an AS/ISP

Not yet published (will offer instructions and advice on the process of the required "neutral" selection of a service provider)

Form E: Suggestions for an AS/ISP Contract

Not yet published (will offer instructions and advice on the process of drawing up and signing a contract with a service provider)

AWIG is made up of representatives of the Office of the Lt. Governor, Fran Ulmer,the Alaska Department of Education and Early Development, The State Library, and the Regulatory Commission of Alaska. Direct questions to erate@alaska.gov. Staff from the Regulatory Commission of Alaska will assist in resolving technical questions.

Eligible Communities: Results returned from Form A Survey

The following table reports results from the survey form which requested school districts to notify AWIG of the status of all communities within their district in which there is a school receiving Internet access through E-Rate funding.

In order for a community to be eligible under the FCC order, its school must receive Internet bandwidth at a non-usage based cost. Also, it must not have local dial-up or toll-free Internet access available to the residents of the community.

This table lists those communities reported to AWIG by their school district as eligible. (For questions about this list, please e-mail erate@alaska.gov)

 

DISTRICT	COMMUNITY	SCHOOL
AK Gateway	Dot Lake	Dot Lake School
	Eagle	Eagle Community School
	Mentasta Lake	Mentasta Lake School
	Tanacross	Tanacross School
	Tetlin	Tetlin School
Chatham	Tenakee Springs	Tenakee School
Chugach	Chenega Bay	Chenega Bay School
	Tatitlek	Tatitlek Community School
Denali	Cantwell	Cantwell School
Iditarod	Anvik	Blackwell School
	Grayling	David-Louis School
	Holy Cross	Holy Cross School
	Lime Village	Lime Village School
	Nikolai	Top of the Kuskokwim School
	Takotna	Takotna School
Kashunamiut	Chevak	Chevak School
Kodiak	Akhiok	Akhiok School
	Chiniak	Chiniak School
	Danger Bay	Danger Bay School
	Karluk	Karluk School
	Larsen Bay	Larsen Bay School
	Old Harbor	Old Harbor School
	Ouzinkie	Ouzinkie School
	Port Lions	Port Lions School
Kuspuk	Chuathbaluk	Crow Village Sam School
	Crooked Creek	Johnnie John Sr. School
	Lower Kalskag	Zackar Levi Elementary
	Red Devil	George Willis School
	Stony River	Gusty Michael School
	Sleetmute	Jack Egnaty Sr. School
	Upper Kalskag	George Morgan Jr/Sr H.S.
	Upper Kalskag	Joseph S. & Olinga Gregory Elementary
Lake & Pen	Chignik Bay	Chignik Bay School
	Chignik Lagoon	Chignik Lagoon School
	Chignik Lake	Chignik Lake School
	Egegik	Egegik School
	Igiugig	Igiugig School
	Iliamna	Newhalen School
	Ivanof Bay	Ivanof Bay School
	Kokhanok	Kokhanok School
	Levelock	Levelock School
	Nondalton	Nondalton School
	Pedro Bay	Dena'ina School
	Perryville	Perryville School
	Pilot Point	Pilot Point School
	Port Alsworth	Tanalian School
	Port Heiden	Meshik School
Lower Kuskokwim	Chefornak	Chaptnguak School
	Eek	Eek School
	Goodnews Bay	Rocky Mountain School
	Kongiganak	Dick R Kiunya School
	Kwigillingok	Kwigillingok School
	Mekoryuk	Nuniwaarmiut School
	Newtok	Ayaprun School
	Nightmute	Nightmute School
	Platinum	Arviq School
	Quinhagak	Kuinerrarmiut Elitnaurviat
	Toksook Bay	Nelson Island Area Schools
	Tuntutuliak	Lewis Angapak School
	Tununak	Paul T. Albert School
Lower Yukon	Alakanuk	Alakanuk School
	Kotlik	Kotlik School
	Marshall	Marshall School
	Mountain Village	Ignatius Beans School
	Pilot Station	Pilot Station School
	Pitkas Point	Pitkas Point School
	Russian Mission	Russian Mission School
	Scammon Bay	Scammon Bay School
Pribilofs	St George	St. George School
	St. Paul	St. Paul School
SW Region	Clarks Point	Clarks Point School
	Ekwok	William Sonny Nelson School
	Koliganek	Koliganek School
	Manokotak	Manokotak School
	New Stuyahok	Chief Ivan Blunka School
	Portage Creek	Portage Creek School
	Twin Hills	Twin Hills School
Yukon/Koyuk.	Allakaket	Allakaket School
	Bettles	Bettles Field School
	Hughes	Johnny Oldman School
	Huslia	Jimmy Huntington School
	Kaltag	Kaltag School
	Koyukuk	Ella B. Vernetti
	Manley Hot Springs	Gladys Dart School
	Minto	Minto School
	Nulato	Andrew K. Demoski School
	Ruby	Merreline A Kangas School

Possible Participating Communities: Certified on Form B

The communities in this table have been certified by their district superintendents as eligible communities under the FCC definitions. The Form B also indicated the district's interest in participating in the waiver process in the specific community and verified that the district would abide by the conditions set up in the FCC order. (For questions about this list, please email erate@alaska.gov)

District	Community	Contact for district
Alaska Gateway	Dot Lake	Scott Macmanus, Special Projects Director
Chatham	Tenakee Springs	Keith Zamudio, Technology Director
Denali	Cantwell	Chris Hagar, Superintendent
Lake & Peninsula	Chignik Bay	Brett Hill, Technology Director
	Chignik Lagoon
	Chignik Lake
	Egegik
	Igiugig
	Kokhanok
	Levelock
	Newhalen
	Nondalton
	Pedro Bay
	Perryville
	Pilot Point
	Port Alsworth
	Port Heiden
Lower Kuskokwim	Eek	Ted Berry, Technology Coordinator
	Chefornak
	Goodnews Bay
	Kongiganak
	Kwigillingok
	Mekoryuk
	Newtok
	Nightmute
	Platinum
	Quinhagak
	Tuntutuliak
	Tununak

Sample Language for RFP

Model Language for Alaska E-Rate Waiver RFP: the following draft is intended to assist those issuing a Request for Proposals (RFP) as part of the E-Rate waiver process to provide Internet access to local Alaskan communities during after-school hours.  While this document has been designed to meet the minimum FCC requirements for a waiver, final RFP language should also conform to local procurement requirements.]


I.    GENERAL INSTRUCTIONS AND INFORMATION

The_____________, Alaska, a component of the _________ District (hereinafter "School/District") invites the submission of proposals from commercial or non-profit organizations (hereinafter “Proposers”) wishing to take advantage of the Federal Communications Commission and the Regulatory Agency of Alaska’s waiver allowing the use of a school’s e-rate supported internet access for distribution to local area citizens.  Proposals based upon al

[Choose one of the following two options to include in the RFP:

The ________ School requires that all costs related to this program be the responsibility of the provider.

OR

The _________ School agrees to pay __ percent of any costs related to the implementation of the AS/ISP program. The complete cost to the school must be included in the response.]

The __________ School reserves the right to negotiate the terms and conditions of any contract entered into as a result of accepting any proposal submitted by the successful Proposer. The __________ School reserves the right to reject any or all proposals as is in the best interest of the __________ School.

Four (4) copies of the proposal, including one (1) original set, are to be signed, enclosed in one sealed envelope, addressed and submitted to the __________ School, no later than 2:00 P.M. current Alaska Time, __________, 200?.


Technical questions regarding the Request for Proposal process should be submitted in writing and addressed to: Name of Tech Contact, _________School, _________, AK_____-_____. Telephone: 907-___-____. Questions may also be faxed to 907-___-____

A.    Proposals are to be addressed to the __________ School District, Purchasing Department, ____ __________, __________. Alaska _____-____ and marked on the outside of the sealed envelope: "PROPOSAL FOR AFTER SCHOOL/INTERNET SERVICE COMMUNICATIONS PROJECT - DUE NLT 2:00 P.M.,           , 200?." Corporate proposals must be signed by an officer of the corporation, and proof of authority to bind the corporation must accompany the proposal.

B.    The School District reserves the right to accept or reject any or all proposals and to consider alternatives. It further reserves the right to waive informalities in proposal procedures.

C.    The District may certify a proposal as non-responsive if:

2.    The District cannot assure itself that the Proposer will provide the specified service based on the information provided in the responses to the questions on the attachments. The District may require additional information it may deem necessary to assure completeness and/or to fully understand the answers provided by the Proposer.

3.    The proposal does not materially conform to the Request for Proposal.

D.    All proposals shall be firm for ninety (90) calendar days after the proposal due date.
    
II.    SUBMITTAL REQUIREMENTS    

A.    ADDENDA AND SUPPLEMENTS TO REQUEST FOR PROPOSAL

    If a Proposer who is contemplating submitting a proposal is in doubt as to the true meaning of any part of this REQUEST FOR PROPOSAL or other contract documents, he/she may submit to the Purchasing Agent a written request for an interpretation thereof. The Proposer submitting the proposal will be responsible for its prompt delivery.

B.    FORMAT OF PROPOSAL

    Proposals should be prepared simply and economically, providing a straight forward, concise delineation of capabilities proposed to satisfy the requirements of this REQUEST FOR PROPOSAL.

C.    CONTENTS OF PROPOSAL

    Each proposal shall include the following:

1.    A cover letter. The cover letter shall be signed by an authorized representative of the Proposer. The cover letter must contain a commitment to provide the services described. The letter shall indicate that the Proposer's submittal is firm for a period of at least 90 calendar days and that the Proposer will comply with the terms of this Request for Proposal. (Maximum length: one page).

Qualifications of the company(s). NOTE: Due to the unique mix of technology services requested and the locations of the points of service it is expected that Proposers may not have prior experience in supplying ISP services. In this case the Proposers must include sufficient information regarding prior business/technical experience that the District can use to determine the likelihood of the Proposer’s ability to perform under the contract. The District’s decision in this area shall be based solely on the information submitted and shall be final.

2.    Provide references for all technical services of similar scope and magnitude for which the Proposer is currently providing technical support and the telephone number of a contact person. Experience may not be considered unless complete reference data are provided. If the Proposer has no experience working with Internet technology and/or working with public schools the Proposer must submit information that the school/District can use to evaluate the likelihood of the Proposer being able to complete the successfully complete the project within a reasonable amount of time. The District’s decision in this area shall be based solely on the information submitted and shall be final.


III.    SCOPE OF SERVICES

A.    STATEMENT OF WORK

    The School/District is soliciting proposals for After School/Internet Service Provider services in the immediate area of the __________ School. In accordance with recently granted FCC/RCA waivers the School/District desires to make Internet accessibility to the residents of ___________, Alaska. The successful Proposer will be expected to interface with the existing Internet distribution system utilized by the __________ School and redistribute Internet services to members of the local community. All Proposers must agree to abide by all restrictions included in the FCC/RCA waiver.

A. INFORMATION FOR PROPOSERS

1. District technical contact person: _____ _______ (907) ___-____

1. School E-rate provider: ________, (907) ___ -____

1. Present Internet service operates at ___  kilobits inbound,  _____ kilobits outbound

1. Existing equipment includes the following: routers, switchers, hubs, etc. A map of the school with all terminal equipment noted is included with this RFP as Attachment A.

1. No equipment or services supported by E-rate may be used other than the bandwidth to which the FCC order refers.

1. It is possible that the school may choose more than one AS/ISP if the amount of bandwidth available and the amount requested by the Proposer allow.

1. A school calendar and daily schedule are in included as Appendix B. This information shall be used to determine the hours that the AS/ISP will have access to the schools bandwidth.

C.    PROFESSIONAL QUALIFICATIONS AND REQUIREMENTS

    The Proposer shall comply with the following provisions:

1. Provide insurance, at no cost to the District, in the types and amounts as set forth in the Insurance Requirements section of this Request for Proposal.

1. Comply with all terms and conditions as cited in the General Conditions section of this Request for Proposal.

1. Undertake cost containment efforts and ensure efficient program operation for all cost reimbursable portions of an ensuing contract, if any. (NOTE: Option 2 only. Use if School/District to assume some/all costs.)

1. Guarantee the work and equipment to be rendered as set forth in the General Conditions section.

1. Installation must conform to any applicable codes and meet District standards and specifications.

1. Proposer must submit detailed description of how AS/ISP access will be limited to non-school hours. Included verbal description of denial process and a technical drawing of how the Proposer’s system will interface with the school’s system.

1. Describe in both general and technical terms how the school’s system integrity or operation of the school’s system will not be compromised.\ by the addition of the Proposer’s AS/ISP service.

1. Describe in both general and technical terms what equipment will be added to the school’s network.

1. Detail how coordination with the existing ISP will take place.

1. Identify the minimum amount of bandwidth needed to offer proposed service.

1. In accordance with FCC order, information on final cost to users of service speed will NOT be included in the Proposal. Inclusion in response of this information could render the response invalid.

This list is not all-inclusive. The District reserves the right to add, delete or modify requirements at its discretion.
    
D.    TERM OF CONTRACT

    The Contract shall continue in effect for a minimum period of one (1) year. However, the Contract shall be suspended on any date on which any federal or state statute or regulation renders the Contract illegal, null or void, or by mutual agreement of the parties involved. The District reserves the right to suspend the Contract with 90 days notice, should the District deem the services unacceptable. The term of the Contract may be extended upon mutual agreement of the District and the selected Proposer.
    

IV.         INSURANCE REQUIREMENTS

[NOTE: LOCAL SCHOOL/DISTRICT SHOULD REPLACE WITH LOCAL INSURANCE REQUIREMENTS]

V.    RELATIONSHIP OF ALL PARTIES

    It is expressly understood and agreed by the Proposer and the School District that the Proposer, its officers, employees and agents, and all of them are not employees of the School District or the State of Alaska. The Proposer's relationship to the _________ School District is that of an independent contractor.


VI.    GENERAL CONDITIONS

A. GENERAL STATEMENT

The following general conditions shall be followed by the selected Proposer. These conditions shall be adhered to relative to any project for which the selected Proposer provides services. The District reserves the right to delete or alter the following terms and conditions or to add additional terms and conditions at its discretion.

The selected Proposer shall perform services and otherwise comply with all conditions as set forth in this Request for Proposal including all attachments and appendices hereto and all additional requirements identified in the Proposer's proposal.

A. GOVERNING LAWS    

The Contract shall be governed as to performance and interpretation in accordance with the laws of the State of Alaska.

 A. COMPLIANCE WITH ALL LAWS

The contractor shall comply with all applicable laws, ordinances, executive orders and regulations of the federal, state, and local government, which may in any manner affect the performance of the Contract and all applicable District policies, rules, and procedures.

A. RIGHT TO ENTRY

The selected Proposer(s), and any of its officers, employees, or agents performing services shall be permitted to enter upon District property in connection with the performance of its services hereunder, subject to the terms and conditions contained herein and those rules established by the District.

In the case of any property owned or leased by the District the selected Proposer shall comply and shall cause each of its officers, employees, and agents to comply with any and all instructions and requirements for the use of such property. Any and all claims, suits or judgments, costs, or expenses, including attorneys' reasonable fees arising from, by reason of, or in connection with any such entries shall be treated in accordance with the applicable terms and conditions of this Request for Proposal including without limitation the indemnification provisions contained in this section.

E.    CONFLICTS OF INTEREST

[NOTE: LOCAL SCHOOL/DISTRICT SHOULD REPLACE WITH LOCAL CONFLICTS OF INTEREST REQUIREMENTS]

F.    DISPUTES

The selected Proposer agrees to work cooperatively and in the spirit of good faith with the District in order to assure high quality services. The selected Proposer agrees to meet with District representatives whenever necessary to promptly resolve any problems that occur relative to the administration of the Contract.


G.    WORKER’S COMPENSATION ACT

Any and all claims that might arise under the Worker's Compensation Act on behalf of the Proposer or other persons while engaged in the performance of the duties or services contemplated and any and all claims that might be made by any third person as a result of any act or failure to act shall be the Proposer’s sole obligation and the Proposer shall indemnify the _________ School/District and hold it harmless from any liability for any act or failure to act on the part of the Proposer. It is further understood and agreed that the School District shall not be responsible for any state or federal withholding taxes or for FICA and state unemployment insurance for the selected Proposer, its agents or employees.


H.    INDEMNIFICATION

Selected Proposer agrees to defend, indemnify and hold harmless the ________ School/District, its respective Board members, employees, agents, officers and officials, from and against any and all liabilities, losses, penalties, damages, expenses, costs or fees, of every kind, nature and character, arising out of, or relating to, any and all claims, liens, damages, obligations, actions, suits, judgments or settlements, or causes of action, of every kind, nature and character, in connection with or arising directly or indirectly out of the Contract and/or performance hereunder by the selected Proposer, its officials, agents, employees and/or subcontractors.

Selected Proposer shall at its own cost and expense, appear, defend and pay all attorney fees, other costs and expenses arising hereunder. In addition, if any judgment shall be rendered against the School/District in any such action, the selected Proposer shall, at its own expense satisfy and discharge same.

The School/District shall have the right, at its option and at its own expense, to participate in the defense of any suit, without relieving Proposer of any of its obligations hereunder. The School retains final approval on any and all settlements or legal strategies.

The indemnities set forth herein shall survive the expiration or termination of the Contract.

In any suit or claim in which the School/District has a common liability with the selected Proposer, the selected Proposer expressly agrees to pay to the School/District the selected Proposer's full pro rata share of the common liability.

Nothing in Section III, Scope of Services shall be construed as an agreement to indemnify or hold harmless the School/District for any claim or loss incurred by the School/District on account of the sole negligence, recklessness or willful misconduct by the School/District or its members, commissioners, employees or agents.

I.    ENTIRE AGREEMENT

The written contract agreed to by the School/District and the successful Proposer/Contractor shall constitute the entire agreement which can be amended only in writing. Relevant provisions of the Request for Proposal and the Contractor's Proposal shall be incorporated directly into the contract or may be incorporated into the contract by reference.


J.    NON-LIABILITY OF PUBLIC OFFICIALS

Under no circumstances shall any board member, officer, employee, or agent of the District acting within the course and scope of his/her District responsibility be personally liable to the Contractor, or any party claim through or on behalf of the Contractor, with regards to this contract, including but not limited to its negotiation, execution, performance, or termination.

K.    TERMINATION FOR CONVENIENCE

Pursuant to FCC order the School/District is required to terminate AS/ISP service if any of the 5 criteria listed on Form B and on page 1 of this document make’s the school ineligible for AS/ISP waver.

L.    TERMINATION FOR DEFAULT REMEDIES

The following constitute contractor default for which the District may terminate the contract:

1.    Any material misrepresentation, whether negligent or intentional and whether in the inducement or in the performance, by or on behalf of the contractor.

2.    Contractor's failure to perform any of its obligations under the contract.

VII.    EVALUATION AND SELECTION CRITERIA

Pursuant to the FCC Order, evaluation shall be limited to the determination of a Proposer’s ability to perform. In the case of multiple  Proposers for a single location, one Proposer shall be determined by random drawing from among those deemed qualified by the School/District. This does not preclude the School/District from, at its own discretion, from approving more than one provider if the first provider utilizes only a portion of the available bandwidth.

Waiver RFPs from Participating Sites: None yet filed (as of 5/29/2002)

This section of the website is designed to publish the Announcements and RFPs which districts will use to request applications from service providers for AS/ISP positions. As the documents are received by the AWIG, they will be posted here.