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FCC Releases October Appeal Decisions

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.
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