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FCC Releases November Appeal Decisions

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.
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