On November 1, 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
- Discount Calculation—Information Submitted Outside Permitted Time Period
- Discount Calculation—Remand for USAC Determination
- Duplicative Services—Remand for USAC Determination
- Eligible Entities
- Grant on Reconsideration— Late-Filed FCC Form 471 Applications
- Grant on Reconsideration—Waiver of Appeal Filing Deadline
- Incorrect Service Start Date on FCC Form 486
- Late-Filed FCC Form 486
- Ministerial and/or Clerical Errors
- Waiver of the Red Light Rule
- Waiver of Special Construction Service Delivery Deadline
Appeals involving the following issues were denied:
- Discount Calculation
- Duplicative Services
- Failure to File FCC Form 470 for Current Funding Year
- Ineligible Services
- Late-Filed FCC Form 471 Applications
- Late-Filed Invoice or Invoice Deadline Extension
- Ministerial and/or Clerical Errors
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-rate Services Later Requested
- Untimely Filed Appeals or Waiver Requests
Emergency Connectivity Fund Program
Appeals involving the following issues were granted:
- Early Delivery
- Granting Additional Time to Respond to USAC’s Request for Information
- Ministerial and/or Clerical Errors
- Payment Verification
- Waiver of Service Delivery Date
Appeals involving the following issues were denied:
- Untimely Filed Appeals or Waiver Requests
The FCC’s appeal decision Order may be viewed here.
