On January 31, 2023, 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:
- Competitive Bidding – Bid Evaluation
- Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waiver
- Discount Calculation
- Ministerial and/or Clerical Errors
- Service Implementation Delay
- Signed Contract Requirement
- USAC Decision Issued After Invoice Deadline
- Waiver of Special Construction Service Delivery Deadline
- Waiver of Appeal Filing Deadline
Appeals involving the following issues were denied:
- Discount Calculation
- Failure to Satisfy Debt/Red Light Rule
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- Untimely Filed Appeals or Waiver Requests
Emergency Connectivity Fund (ECF) Program
Appeals involving the following issues were granted:
- Early Delivery
Appeals involving the following issues were denied:
- Untimely Filed Appeals or Waiver Requests
The January 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 January decisions is 30 days from the release of the Public Notice.
