On October 2, 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:
- Bid Accepted After Filing for FCC Form 471
- Contract Agreement in Place
- Discount Calculation
- Duplicative Services
- Eligible Entities
- Equipment Manufacturer or Equivalent
- Inadvertent Cancellation of FRN
- Incorrect Service Start Date on FCC Form 486
- Ineligible Service
- Ministerial and/or Clerical Errors
- Permitting Contract End Date Change
- Price as Primary Factor
- USAC Funding Error
- Waiver of Appeal Filing Deadline
- Waiver of Special Construction Service Delivery Deadline
Appeals involving the following issues were denied:
- Duplicative Services
- Failure to File FCC Form 470 for Current Funding Year
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- Red Light Rule Violation
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-rate Services Later Requested
- Untimely Filed Appeals or Waiver Requests
- Violation of the Competitive Bidding 28-Day Rule
Emergency Connectivity Fund Program
Appeals involving the following issues were granted:
- Early Delivery
- Ministerial and/or Clerical Error
- Payment Verification
Appeals involving the following issues were denied:
- Failure to Satisfy Debt/Red Light Rule
- Late-Filed ECF FCC Form 471 Applications
