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February Appeal Decisions Released by FCC

On March 1, 2024, the FCC issued its monthly Public Notice deciding 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:

  • Appeal Filing Not Untimely
  • Contract Agreement in Place
  • Eligible Services
  • Incorrect Service Start Date on FCC Form 486
  • Ministerial and/or Clerical Errors
  • Ministerial and/or Clerical Errors – Competitive Bidding
  • Ministerial and/or Clerical Errors – Invoicing
  • Permissible Service Implementation Delay
  • Service Chosen Within Scope of FCC Form 470

Appeals granted in part:

  • Considering Price of Ineligible Items as Primary Factor

Appeals involving the following issues were denied or dismissed:

  • Dismissed for Failure to Comply with the Commission’s Basic Filing Requirements
  • Dismissed on Reconsideration
  • Dismissed to Allow Appeal USAC to Make a Determination in the First Instance
  • Competitive Bidding Violation
  • Cost-Effectiveness
  • Late-Filed Invoice or Invoice Deadline Extension
  • Red Light Rule Violation Prevented Timely Invoicing
  • 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 FCC’s February appeal Order may be viewed here.

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