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September Appeal Decisions Released by FCC

On September 30, 2021, the FCC issued its monthly Public Notice deciding a number of requests for review, requests for waiver, and petitions for reconsideration related to actions taken by USAC.

The FCC resolves requests that are consistent with its precedent by issuing a “streamlined” list of decisions and classifying the matters based on the issue involved and the FCC rule in question.

Appeals involving the following issues were granted:

  • Discount Calculation – Allowing Submission of Updated Discount Calculation
  • Discount Calculation – Remand to Reprocess Discount Calculation
  • Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
  • Late-Filed FCC Form 471 Applications – Application Filed More than 30 Days Late
  • Ministerial and/or Clerical Errors
  • Ministerial and/or Clerical Errors – FRN Omitted from FCC Form 471 Application
  • Untimely Filed Appeal or Waiver Requests
  • USAC Decision Issued After Invoice Deadline
  • Waiving Request For Proposal Notification Requirement

Appeals involving the following issues were denied:

  • Impermissible Increase in Broadband Cost for Second FCC Form 471
  • Late-Filed FCC Form 471 Applications
  • Ministerial and/or Clerical Errors
  • 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 September appeal decisions can be viewed here

The original filings can be located using the FCC’s online electronic filing system, available here: https://www.fcc.gov/ecfs/

The deadline for filing petitions for reconsideration or applications for review concerning the November decisions is 30 days from the release of the Public Notice.

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