On October 31, 2018, 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 dismissed 20 requests, granted 24 and denied 29 appeals on various grounds.
Successful Appeals were tied to:
- 28-Day Competitive Bidding Rule
- Failure to Consider All Bids – Applicant Selected Lowest-Cost Provider
- Granting Additional Time to Respond to USAC's Request for Information
- Grant on Reconsideration – Appeal Filing Deadline
- Invoice Deadline Extension Requests
- Ministerial and/or Clerical Error
- Ministerial and/or Clerical Errors—Service Substitution
- Service Substitution
- Timely Filed Invoice
- Timely Filed Invoice Deadline Extension
- Unable to timely File Awaiting USAC Action
- Waiver of Appeal- or Waiver-Filing Deadline
- Waiver of Service Delivery Deadline
- Waiver of Special Construction Service Delivery Deadline
- Unable to timely File Awaiting USAC Action
Denials were issued for appeals involving the following issues:
- Invoice Deadline Extension Requests
- Late-Filed FCC Form 471 Applications
- Ministerial and/or Clerical Errors
- Untimely-Filed Appeals or Waiver Requests
The streamlined appeal decisions can be viewed here. The FCC directs USAC to complete its review of these applications and issue a funding commitment or a denial based on a complete review and analysis, no later than 90 calendar days of the release of this Public Notice.
