On June 2, 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:
- Category of Service
- Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waiver
- Discount Calculation
- Discount Rate
- Eligible Services
- Granting Additional Time to Respond to USAC Inquiry
- Late-Filed Appeal or Waiver – Submitted Only a Few Days Late
- Late-Filed Appeal or Waiver – Submitted Within a Reasonable Period of Time After Receiving Actual Notice of Mistake
- Late-Filed FCC Form 471 Applications — Application Filed Late Due to Circumstances Beyond Their Control
- Late-Filed FCC Form 471 Applications — Application Filed Late Due to Natural Disaster
- Late-Filed FCC Form 471 Applications – Filed Late Due to Technical Issues
- Late-Filed FCC Form 471 Applications – Filed Late Due to Unexpected Illness
- Late-Filed FCC Form 471 Applications — Application Filed Late Within Reasonable Period Despite School Reorganization
- 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
- Late-Filed FCC Form 471 Applications – Tribal Library
- Ministerial and/or Clerical Error
- Service Provider Involvement – Potential Conflict of Interest
- Service Substitution
- SPIN Change
- USAC Decision Issued After Invoice Deadline
- Waiver of Appeal Filing Deadline – USAC Error Resulted in Late-Filed Appeal
- Waiver of Special Construction Service Delivery Deadline
Appeals involving the following issues were Granted in Part:
- Remand to Remove Ineligible Costs
Appeals involving the following issues were denied:
- Blanket Deadline Waiver Without Special Circumstance
- Failure to Adhere to Bid Evaluation Criteria
- Improper Service Provider Involvement
- Improper Service Provider Involvement – Service Provider Involvement in Technology Plan
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- No Good Cause for Applicant to Modify Category of Service
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
- Two-In-Five Rule
- Untimely Filed Appeals or Waiver Requests
The May 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 May decisions is 30 days from the release of the Public Notice.
