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FCC Releases November Appeal Decisions

On November 30, 2018, the Federal Communications Commission (FCC) released decisions related to requests for review, requests for waiver, and petitions for reconsideration of E-rate beneficiaries. The FCC dismissed 9 appeals, granted 36, and denied 17 on various grounds. 
Appeals involving the following issues were granted:
  • Allowing Service Delivery Extension
  • Granting Additional Time to Respond to USAC's Request for Information
  • Grant on Reconsideration – Late-Filed FCC Form 471 Applications
  • Grant on Reconsideration – Timely Filed Invoice
  • Incorrect Service Start Date on FCC Form 486
  • Invoice Deadline Extension Requests
  • Invoice Deadline Extension Requests Less Than 12 Months Late
  • Invoice Reduction
  • Ministerial and/or Clerical Errors
  • Ministerial and/or Clerical Errors – FCC Form 500
  • Price as Primary Factor – Applicant Selected Lowest-Cost Provider
  • Price as Primary Factor – Price of Ineligible Items
  • Timely Filed Invoice
  • Waiver of Appeal- or Waiver-Filing Deadline
  • Waiver of Service Delivery Deadline
  • Waiver of Special Construction Service Delivery Deadline
Meanwhile, the FCC denied appeals involving the following issues:
  • Failure to Seek Competitive Bids
  • FCC Form 470 with Inadequate Specificity
  • Intentional Cancellation of Funding
  • Invoice Deadline Extension Requests
  • Invoice Deadline Extension Requests More Than 12 Months Late
  • Late-Filed FCC Form 471 Applications
  • Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
  • Untimely-Filed Appeals or Waiver Requests
The streamlined appeal decisions can be viewed here. The FCC directs USAC to complete its review of successful applications and issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar days from the release of the Order. 
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