On November 30, 2016, the Federal Communications Commission (FCC) released several appeal decisions related to the requests for review, requests for waiver, and petitions for reconsideration of E-rate beneficiaries. The FCC granted or partially granted 24 requests and petitions and denied 37 appeals on various grounds.
Successful Appeals were tied to:
- FCC Form 486 – Late Filed
- Granted on Reconsideration – Improper Service Provider Involvement
- Granting Additional Time to Respond to USAC’s Request for Information
- Late-Filed FCC Form 471 Certifications
- Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
- Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
- Legally Binding Agreement
- Ministerial and/or Clerical Error – FCC Form 471
- Ministerial and/or Clerical Error – Eligible Services (Local Telephone Service)
- Service Implementation Delay
- Signed Contract Requirement
- Waiver of Appeal Filing Deadline
- Waiver of Price as Primary Factor Requirement: Applicant Selected Lowest-Price Solution
Appeals involving the below issues were denied:
- Eligible Services
- Invoice Deadline Extension Request
- Late-Filed FCC Form 471 Applications
- Ministerial and/or Clerical Errors – FCC Form 471
- Necessary Resources
- Seeking E-rate Support for Services Not Covered by the Applicant’s Competitive Bidding Process
- Services Delivered Outside Funding Year
- Unjustified Service Implementation Delay
- Untimely-Filed Request for Review
- Violation of the Competitive Bidding 28-Day Rule
The November Streamlined Appeal Decisions can be viewed here.
