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FCC Clarifies Consultant LOA Regulations

On March 6th, 2012, the Federal Communications Commission released an appeal regarding contracting and Letter of Agency requirements for E-rate consultants. In Funding Year 2006, USAC denied an application filed by Mary Queen of Martyrs school in Wisconsin, stating that “consultant services were rendered prior to the signing of a consulting agreement or a Letter of Agency, authorizing the consultant to act on your behalf.” In their appeal decision, the FCC stated that there are no rules which require “E-rate applicants to have a contract or agreement with a company or person providing E-rate consulting services.” The FCC further stated that “USAC may request confirmation, such as a letter of agency, from an applicant that a consultant has the authority to respond to USAC questions on its behalf. However, Commission rules do not require such a letter to be signed before the E-rate consulting services are provided.”

The FCC directed USAC to review and process the school’s FY 2006 applications within 90 days.

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