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December Appeal Decisions Released by FCC

On December 30, 2022, the FCC issued its monthly Public Notice deciding several 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:

  • Ministerial and/or Clerical Errors
  • Reconsideration of Waiver of Special Construction Service Delivery Deadline
  • Waiver of the Red Light Rule

Appeals involving the following issues were denied:

  • Failure to Satisfy Debt/Red Light Rule
  • Late-Filed FCC Form 471
  • Late-Filed Invoice Deadline Extension
  • Relying on FCC Form 470 Not Seeking Bids on E-rate Services Later Requested
  • Untimely Filed Appeals or Waiver Requests

Appeals involving the following issues were dismissed:

  • Invoicing Records Demonstrate Full Funding

Emergency Connectivity Fund (ECF) Program

Appeals involving the following issues were granted:

  • Early Delivery
  • Ministerial and/or Clerical Error
  • Reasonable Support Amount
  • Waiver of Service Delivery Deadline

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

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