On May 1, 2025, the FCC issued its monthly Public Notice deciding a number of requests for review, requests for waiver, and petitions for reconsideration related to actions taken by USAC.
The FCC resolves requests that are consistent with its precedent by issuing a “streamlined” list of decisions and classifying the matters based on the issue involved and the FCC rule in question.
E-rate Program
Appeals involving the following issues were granted:
- Category Two: Two-in-Five Year Rule
- Discount Calculation
- Eligible Services
- Eligible Entity
- Granting on Reconsideration – Late-Filed Appeal/Waiver
- Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
- Ministerial and/or Clerical Error Resulting in Appearance of 2-in-5 Rule Violation
- Remanding to Remove Ineligible Costs
- Remanding to USAC Where Consortium Applicant Had Authority
- Service Substitution
- Services Rendered During Funding Year
- USAC Decision Issued After Invoice Deadline
Appeals involving the following issues were Granted in Part:
- Cost Allocation of Non-Ancillary Ineligible Components
Appeals involving the following issues were denied:
- Blanket Invoice Deadline Waiver Without Special Circumstances
- Category of Service
- Ineligible Services
- Late-Filed Invoice or Invoice Deadline Extension
- Ministerial and/or Clerical Errors — FRN Omitted from FCC Form 471 Application
- Recovery Required for Equipment that Could Not Be Located During Audit
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
- Service Substitution
The April appeal decisions can be viewed here.
The original filings can be located using the FCC’s online electronic filing system, available here: https://www.fcc.gov/ecfs/
The deadline for filing petitions for reconsideration or applications for review concerning the April decisions is 30 days from the release of the Public Notice.
