On April 28, 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:
- Grant on Reconsideration – Invoice Ministerial and Clerical Error
- Granting on Reconsideration – Waiver of Appeal Filing Deadline
- Granting Additional Time to Respond to USAC with Information During Invoicing
- Inadvertent Cancellation of FRN
- Incorrect Service Delivery Deadline in USAC’s System
- Late-Filed FCC Form 471 Applications – Due to Circumstances Beyond Their Control
- Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
- Ministerial and/or Clerical Errors
- Ministerial and/or Clerical Errors – FRN Omitted from FCC Form 471 Application
- Ministerial and/or Clerical Errors – Invoicing
- Permissible Advance Installation
- Permissible Service Implementation Delay
Appeals involving the following issues were denied:
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
- Records Indicate Funding Received for Eligible Services Portion of Invoice
- Untimely Filed Appeals or Waiver Requests
Appeals involving the following issues were dismissed as moot:
- Invoicing Records Demonstrate Full Funding Received
- Dismiss Because FCC Form 471 Application Filed Timely
- Dismiss Due to Lack of Adverse Decision
- Dismissed for Failure to Comply with the Commission’s Basic Filing Requirements
- Dismissed on Reconsideration – Untimely
- Dismiss to Allow Appeal to be Filed with USAC
Emergency Connectivity Fund (ECF) Program
ECF appeals granted for the following issues:
- Eligible Services
- Ministerial and/or Clerical Errors
- Waiver of Service Delivery Deadline
Two ECF appeals were dismissed as moot.
The April appeal decisions can be viewed here.
