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FCC Issues Four Appeal Decisions

The FCC has issued 10 appeal decisions this week following a three month period where no decisions were released. This marks what is expected to be the beginning of a series of appeal decisions which the FCC will release over the next several weeks.

On Wednesday, March 14 the FCC released the following four decisions.

In the Long Beach Unified School District, et al decision, the FCC remanded 3 applicant appeals back to USAC. All three applicants had been denied funding for competitive bidding violations due to price not being the most heavily factor. The FCC found that, "Because the Commission's clarifications in the Ysleta Order were not provided until after the completion of Petitioners' competitive bidding processes, we find Petitioners' use of price as a primary factor rather than the primary factor appropriate." (Emphasis added) View the Long Beach USD Appeal Decision

AT&T petitioned the FCC for clarification regarding the on-line reimbursement process AT&T had developed and whether the process complied with FCC regulations. The FCC granted the petition since applicants would only need to pay their required share of invoices and due to the complexity of AT&T's billing systems. View the AT&T Appeal Decision

Send Technologies asked the FCC to reverse USAC Commitment Adjustment Recovery actions taken against Send Technologies and the Union Parish School Board. USAC found there was a conflict of interest between Send Technologies and Union Parish since the listed contact on the Union Parish Form 470 owned a 15% interest in Send Technologies. The FCC upheld the decision. View the Send Technologies Appeal Decision

In the Cass Lake-Bena Schools et al decision, the FCC denied 4 appeals from applicants. All of the applicants had their funding commitments reduced or denied due to the late filing of their Form 486. The FCC found, "Although the Commission has authority to waive regulatory requirements, it does not have authority to waive a requirement imposed by statute." The 486 also serves to enforce a deadline imposed by the CIPA statues. The FCC found they do not have the authority to waive the CIPA deadlines. View the Cass Lake-Bena Schools Appeal Decision


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