On March 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:
- Allowing Extension of Contract End Date
- Approval of Service Reclassification – FCC Form 486 Requirement Satisfied
- Discount Calculation
- Discount Calculation – Allowing Additional Time to Submit
- Grant on Reconsideration – Signed Contract Requirement
- Granting on Reconsideration – Waiver of Appeal Filing Deadline
- Granting Additional Time to Respond to USAC with Information During Invoicing
- Incorrect Service Start Date on FCC Form 486
- Late-Filed FY22 FCC Form 471 Applications Beyond 30 Days Late
- Ministerial and/or Clerical Errors
- Ministerial and/or Clerical Errors — Competitive Bidding Process
- Ministerial and/or Clerical Errors – Invoicing
- Ministerial and/or Clerical Errors – Special Construction
- Permissible Advance Installation
- Permissible Service Implementation Delay
- Services Provided Within Funding Year
- USAC Decision Issued After Invoice Deadline
- Waiver of Appeal Filing Deadline
Appeals involving the following issues were granted in part/denied in part:
- Discount Calculation, Eligible Services and Improperly Disbursed Funds
Appeals involving the following issues were denied:
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- Ministerial and/or Clerical Errors
- Untimely Filed Appeals or Waiver Requests
Emergency Connectivity Fund (ECF) Program
- Dismissed on Reconsideration: failed to identify any material error, omission, or reason warranting reconsideration.
The March 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 March decisions is 30 days from the release of the Public Notice.
