On October 16, 2018, the FCC released an appeal decision in which they denied Detroit Public Schools (DPS) appeal on its merits and denied a waiver request of the E-rate competitive bidding regulations. DPS in 2013 was trying to procure VoIP services and received three bids. The Commission concluded that DPS did not select the bid where the price of the eligible services was the primary factor.
The FCC also reiterated that the districts’ financial hardship is not a persuadable defense in granting an appeal. The Commission stated in their appeal decision that they, “…have consistently held that the assertion of financial need of the applicant and the detrimental impact a denial of support will have on the students who make use of the services does not meet the requirement of special circumstances that warrant a waiver of the Commission’s rules…”
The FCC Appeal Decision can be viewed here.