On November 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:
- Category Two Funding Over Five Years
- Competitive Bidding – Modifications to Bidding Documentation
- Competitive Bidding – Fiber
- Eligible Entities
- Incorrect Service Start Date on FCC Form 486
- Late-Filed FCC Form 471 Applications – Application Filed More than 30 Days Late
- Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
- Ministerial and/or Clerical Errors
- Waiver of Special Construction Service Delivery Deadline
- Waiver of Appeal Filing Deadline
Appeals involving the following issues were denied:
- Failure to Satisfy Debt/Red Light Rule
- Invoiced for Products/Services Not on Form 471
- Late-Filed Invoice Deadline Extension
- Ministerial and/or Clerical Errors
- Untimely Filed Appeals or Waiver Requests
Emergency Connectivity Fund (ECF) Program
Appeals involving the following issues were granted:
- Early Delivery
- Waiver of Appeal Filing Deadline
Appeals involving the following issues were denied:
- Late-Filed ECF FCC Form 471 Applications
- Untimely Filed Requests for Waiver
The November 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 November decisions is 30 days from the release of the Public Notice.
