There is no time limit on the recovery of E-rate funds, the Federal Communications Commission (FCC) made clear in a recent appeal decision. The FCC clarified that its policy directive to USAC to finish investigations and seek recovery of funds within five years of the final delivery of service for a specific funding year is a “policy preference and not an absolute bar to recovery.” It is not a statute of limitations, the FCC explained, because “only Congress may create a limitations period barring recovery of debt.” “We continue to believe,” the FCC went on to say, "that the best course is for USAC to aim to complete its investigations and seek recovery of funds within five years, whenever possible. We therefore direct USAC to incorporate that as an objective in its annual performance metrics plan.”
You can view the appeal decision, Application for Review of a Decision of the Wireline Competition Bureau by Net56, Inc., here.
