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The FCC Sides With Five E-rate Stakeholders

On July 27th the FCC notified five E-rate stakeholders that their appeals were granted. The West Virginia State Department of Education was granted a waiver of the rules regarding master contracts and having schools in West Virginia having signed contracts before the Form 471 window closes to due state procurement regulations being in conflict with E-rate regulations.

West Virginia Department of Education FCC decision can be viewed at West Virginia Appeal Decision.doc

The four other appeals that were granted involved the SLD making incorrect assumptions about the data and information they had.

Here is a quick guide on when to file an appeal with the SLD versus the FCC.

  • SLD can resolve some issues
  • If SLD erred in initial review
  • Applicant made certain kinds of mistakes and mistake could be identified from information provided with application
  • SLD made an incorrect assumption, based on information it had
  • When policies are clarified and appeals are pending
  • SLD can’t waive an FCC rule
  • If SLD denies appeal, then applicant can appeal to FCC
  • There is a backlog of appeals at the FCC and it will take longer to get resolution at the FCC

Funds For Learning has a searchable FCC appeals database which makes it easy for E-rate applicants to search past FCC precedents. This can assist applicants when they are crafting their own appeals. The FCC Decision Database is included as a part of the award-winning E-rate Manager web site — a web-based service designed to assist E-rate stakeholders manage and track E-rate applications. Further information about E-rate Manager is located at

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