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April Appeal Decisions Released by FCC

On April 30, 2019, 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 granted 144, and denied 26 and granted in part/denied in part 5 appeals on various grounds. 
Appeals involving the following issues were granted:
  • 28 Day Competitive Bidding Rule
  • Category of Service
  • Documentation of Necessary Resources
  • Extension of Existing Contract
  • Granting Additional Time to Respond to USAC's Request for Information
  • Granting Service Delivery Extension
  • Installation of Equipment
  • Invoice Deadline
  • Invoices Timely Filed
  • Late-Filed FCC Form 471 Applications Filed within 14 Days of the Close of the Window 
  • Late-Filed FCC Form 486
  • Letter of Agency
  • Ministerial and/or Clerical Error – Eligible Services (Local Telephone Service
  • Timely Filed Appeal
Appeals involving the following issues were denied:
  • Applicant Discount Rate Does Not Support Voice Services
  • Failure to Conduct Competitive Bidding Process and Make Price Primary Factor
  • Failure to Pay the Non-Discount Share
  • Failure to Satisfy Debt/Red Light Rule
  • Invoice Deadline Extension Requests
  • Seeking E-Rate Support for Services Not Covered by the Applicant’s Competitive Bidding Process
  • Untimely Filed Appeals or Waiver Requests
  • Untimely Operational SPIN Change Request
  • Untimely Service Implementation Delay Request
  • Waiver to Permit Late-Filed FCC Form 471
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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