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June Appeal Decisions Released by FCC

On June 30, 2022, 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.

E-rate Program
Appeals involving the following issues were granted:

  • Competitive Bidding – Adequate Information on Form 470
  • Competitive Bidding – Applicant Selected Lowest-Cost Provider
  • Competitive Bidding – Disqualification Factors
  • Competitive Bidding – Multi-Tier Evaluation
  • Competitive Bidding – Price as Primary Factor
  • Discount Calculation – Remand to Reprocess Discount Calculation
  • FCC Form 470 Posting Requirement During Multi-Year Contract
  • FCC Form 471 Applications Filed Timely
  • Late-Filed FCC Form 471 Applications – Application Filed More than 30 Days Late
  • Late-Filed FCC Form 471 Applications – Due to Circumstances Beyond Their Control
  • Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
  • Ministerial and/or Clerical Errors
  • Service Implementation Delay

Appeals involving the following issues were granted in part/denied in part:

  • Invoice Deadline Extension

Appeals involving the following issues were denied:

  • Invoice Filing Deadline Extension
  • Untimely Filed Appeals or Waiver Requests

Emergency Connectivity Fund (ECF) Program
Appeals involving the following issues were granted:

  • Early Delivery

The June 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 June decisions is 30 days from the release of the Public Notice.

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