This week the FCC continued its string of favorable decisions. The FCC seems to be asking USAC to try to do everything possible to fund eligible applications and invoices as opposed to denying the stakeholder and then leaving it up to the stakeholder to appeal the decision.
Jennings County Schools (IN)
Jennings County Schools was denied Funding Year 2005 requests because they failed to timely respond to a selective review data request by the "USAC-designated deadline." The school district was asked to demonstrate they had the sufficient resources to effectively use eligible services and missed two deadlines to respond. The SLD subsequently denied the requests.
The FCC remanded this back to USAC for further processing stating in their appeal decision that given "…that the purpose of the necessary resources rule is to ensure that applicants are willing and able to pay the discounted prices of eligible services and finance other related purchases, and that Jennings County has submitted a budget to the Commission purporting to show that Jennings County meets that standard, we now remand its Funding Year 2005 applications to USAC."
Henkels & McCoy, Inc. Little Rock School District (AR)
Little Rock SD received a 2003 funding commitment decision letter for internal connections and their service provider relied on that commitment and installed their project associated with the funding request. Upon invoicing the SLD, the SLD determined that approximately $175,000 was for ineligible products and services.
Upon evaluation of the situation the FCC is granting "Henkels' request to resubmit its invoices with legitimate corrections substantiated by any additional documentation or review that USAC deems necessary to determine the eligibility of the products and services requested." The FCC further stated that "…in remanding this matter to USAC, we make no findings as to the ultimate eligibility of the requested products and or services. …we question some of USAC's findings regarding Henkels' descriptions of the products and services it invoiced and find that USAC could have conducted a more detailed inquiry to determine whether the products or services were eligible…"
The Jennings County Schools appeal can be viewed at Jennings County School Appeal
The Henkels & McCoy appeal can be viewed at Henkles FCC Appeal
