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FCC Releases March Appeal Decisions

On March 30, 2016, the Federal Communications Commission (FCC) released several decisions related to the requests for review, requests for waiver, and petitions for reconsideration of E-rate beneficiaries. The FCC granted or partially granted fifteen requests and petitions and denied twenty-one. The Commission also dismissed fourteen appeals on various grounds.

Successful appeals included the following issues:

  • Late-filed FCC Form 471 due to actions beyond applicant’s control
  • Granting additional time to respond to USAC request for information
  • Invoice deadline extension request less than 12 months late 
  • Late-filed FCC Form 471 applications filed within 14 days of the close of the window
  • Late-filed FCC Form 471 certifications
  • Ministerial and/or clerical errors – FCC Form 471
  • Signed contract requirement
  • Violation of the competitive bidding 28-day rules
  • Waiver of price as primary factor requirement: applicant selected lowest-price solution

Appeals involving the below issues were denied:

  • Discount calculation       
  • Duplicative services
  • FCC Form 470 with inadequate specificity and no indication of request for proposal (RFP) on services being sought
  • Improper service provider involvement in FCC Form 470 
  • Invoice deadline extension request less than 12 months late
  • Request for additional funding above cap
  • Late-filed FCC Form 471 applications
  • Ministerial and clerical errors – FCC Form 471
  • Untimely filed request for review 
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