On August 1, 2025, 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:
- CIPA Violation – No Public Notice and Hearing/Meeting
- Contract Agreement in Place
- Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waive
- Discount Calculation
- Eligible Services
- Complied with Competitive Bidding Rules
- FCC Form 473 Technical Issue
- Granting on Reconsideration – Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waiver
- Late-Filed Appeal or Waiver – Submitted Only a Few Days Late
- Late-Filed FCC Form 471 Applications — Application Filed Late Due to Circumstances Beyond Their Control
- Late-Filed FCC Form 471 Applications – Application Filed Late Within Reasonable Period Despite School Reorganization
- Late-Filed FCC Form 471 Applications – Filed Late Due to Unexpected Illness
- Late-Filed FCC Form 471 Applications – Filed More Than 30 Days Late Due to Serious Medical Condition
- Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
- Ministerial and/or Clerical Error
- Ministerial and Clerical Error – Two-in-Five Year Rule
- Unintentional Cancellation of a Funding Request
- USAC Decision Issued After Invoice Filing Deadline
- Waiver of Document Retention Rule
- Waiver of Special Construction Service Delivery Deadline
Appeals involving the following issues were Granted in Part:
- Late-Filed FCC Form 471 Applications
Appeals involving the following issues were denied:
- Failure to Comply with CIPA
- FCC Form 470 and RFP Inadequate Specificity
- Ineligible Services
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
- Untimely Filed Appeals or Waiver Requests
Emergency Connectivity Fund Program:
Appeals involving the following issues were granted:
- Early Delivery
- Granting Additional Time to Respond to Information
- Ministerial and/or Clerical Errors
- Waiver of the ECF Invoice Filing Deadline
The July 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 July decisions is 30 days from the release of the Public Notice.
