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August Appeal Decisions Released by FCC

On August 31, 2023, the FCC issued its monthly Public Notice deciding 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:

  • Discount Calculation
  • Granting Additional Time to Respond to USAC with Information
  • Late-Filed FCC Form 471 Applications – Due to Serious Illness
  • Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
  • Ministerial and/or Clerical Errors
  • Services Delivered After Contract Expiration Date
  • Waiver of Appeal Filing Deadline
  • Waiver of Special Construction Service Delivery Deadline

Appeals involving the following issues were denied:

  • Discount Rate
  • Failure to File FCC Form 470 for Current Funding Year
  • Late-Filed FCC Form 471 Applications
  • Ministerial and/or Clerical Errors
  • Relying on FCC Form 470 That Did Not Seek Bids on Types of E-rate Services Later Requested
  • Service Substitution
  • Untimely Filed Appeals or Waiver Requests
  • Urban/Rural Classification

Emergency Connectivity Fund Program

Appeals involving the following issues were granted:

  • Early Delivery
  • Granting Additional Time to Respond to USAC’s Request for Information
  • Late-Filed ECF FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
  • Late-Filed ECF FCC Form 471 – Application Filed More than 30 Days Late
  • Payment Verification
  • Reasonable Support Amount
  • Timely-Filed Appeals
  • Waiver of the Appeal Filing Deadline

Appeals involving the following issues were denied:

  • Ineligible Entities
  • Late-Filed ECF FCC Form 471 Applications

The FCC’s appeal Order may be viewed here.

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