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August Appeal Decisions Released by FCC

On August 31, 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 – Waiver of the Competitive Bidding 28-Day Rule
  • FCC Form 471 Applications Filed Timely
  • Invoice Timely Filed
  • 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
  • Signed Contract Requirement
  • Unintentional Cancellation of Funding Request
  • Waiver of Appeal Filing Deadline
  • Waiver of Special Construction Service Delivery Deadline

Appeals involving the following issues were denied:

  • Competitive Bidding – Improper Service Provider Involvement and Services Never Delivered
  • Invoiced for Product/Service Not Approved on Form 471
  • Invoice Filing Deadline Extension
  • Late-Filed FCC Form 471
  • Untimely Filed Appeals or Waiver Requests

Emergency Connectivity Fund (ECF) Program

Appeals involving the following issues were granted:

  • Early Delivery

The August appeal decisions can be viewed here.

The original filings can be located using the FCC’s online electronic filing system, available here:

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

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