§  54.1704   Emergency Connectivity Fund gift restrictions.

   (a) Gift restrictions. (1) Subject to paragraphs (a)(3) and (4) of this
   section, an eligible school, library, or consortium that includes an
   eligible school or library may not directly or indirectly solicit or
   accept any gift, gratuity, favor, entertainment, loan, or any other
   thing of value from a service provider participating in or seeking to
   participate in the Emergency Connectivity Fund Program. No such service
   provider shall offer or provide any such gift, gratuity, favor,
   entertainment, loan, or other thing of value except as otherwise
   provided in this section. Modest refreshments not offered as part of a
   meal, items with little intrinsic value intended solely for
   presentation, and items worth $20 or less, including meals, may be
   offered or provided, and accepted by any individuals or entities
   subject to this subpart, if the value of these items received by any
   individual does not exceed $50 from any one service provider per
   funding year. The $50 amount for any service provider shall be
   calculated as the aggregate value of all gifts provided during a
   funding year by the individuals specified in paragraph (a)(2)(ii) of
   this section.

   (2) For purposes of this paragraph (a):

   (i) The terms “school, library, or consortium” include all individuals
   who are on the governing boards of such entities (such as members of a
   school committee), and all employees, officers, representatives,
   agents, consultants or independent contractors of such entities
   involved on behalf of such school, library, or consortium with the
   Emergency Connectivity Fund Program, including individuals who prepare,
   approve, sign or submit Emergency Connectivity Fund Program
   applications, or other forms related to the Emergency Connectivity Fund
   Program, or who prepare bids, communicate, or work with Emergency
   Connectivity Fund Program service providers, Emergency Connectivity
   Fund Program consultants, or with the Administrator, as well as any
   staff of such entities responsible for monitoring compliance with the
   Emergency Connectivity Fund Program; and

   (ii) The term “service provider” includes all individuals who are on
   the governing boards of such an entity (such as members of the board of
   directors), and all employees, officers, representatives, agents, or
   independent contractors of such entities.

   (3) The restrictions set forth in this paragraph (a) shall not be
   applicable to the provision of any gift, gratuity, favor,
   entertainment, loan, or any other thing of value, to the extent given
   to a family member or a friend working for an eligible school, library,
   or consortium that includes an eligible school or library, provided
   that such transactions:

   (i) Are motivated solely by a personal relationship;

   (ii) Are not rooted in any service provider business activities or any
   other business relationship with any such eligible school, library, or
   consortium; and

   (iii) Are provided using only the donor's personal funds that will not
   be reimbursed through any employment or business relationship.

   (4) Any service provider may make charitable donations to an eligible
   school, library, or consortium that includes an eligible school or
   library in the support of its programs as long as such contributions
   are not directly or indirectly related to Emergency Connectivity Fund
   procurement activities or decisions and are not given by service
   providers to circumvent Emergency Connectivity Fund Program rules in
   this subpart.

   (b) COVID-19 pandemic exception. Any service provider may offer and
   provide, and any applicant may solicit and accept, broadband
   connections, devices, networking equipment, or other things of value
   directly related to addressing remote learning needs of students,
   school staff, and library patrons due to the COVID-19 pandemic through
   June 30, 2022.