On June 2, 2025, the FCC issued its monthly Public Notice deciding a number of 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:

  • Category of Service
  • Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waiver
  • Discount Calculation
  • Discount Rate
  • Eligible Services
  • Granting Additional Time to Respond to USAC Inquiry
  • Late-Filed Appeal or Waiver – Submitted Only a Few Days Late
  • Late-Filed Appeal or Waiver – Submitted Within a Reasonable Period of Time After Receiving Actual Notice of Mistake
  • Late-Filed FCC Form 471 Applications — Application Filed Late Due to Circumstances Beyond Their Control
  • Late-Filed FCC Form 471 Applications — Application Filed Late Due to Natural Disaster
  • Late-Filed FCC Form 471 Applications – Filed Late Due to Technical Issues
  • Late-Filed FCC Form 471 Applications – Filed Late Due to Unexpected Illness
  • Late-Filed FCC Form 471 Applications — Application Filed Late Within Reasonable Period Despite School Reorganization
  • Late-Filed FCC Form 471 Applications – Filed More Than 30 Days Late Due to Serious Medical Condition
  • Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
  • Late-Filed FCC Form 471 Applications – Tribal Library
  • Ministerial and/or Clerical Error
  • Service Provider Involvement – Potential Conflict of Interest
  • Service Substitution
  • SPIN Change
  • USAC Decision Issued After Invoice Deadline
  • Waiver of Appeal Filing Deadline – USAC Error Resulted in Late-Filed Appeal
  • Waiver of Special Construction Service Delivery Deadline

Appeals involving the following issues were Granted in Part:

  • Remand to Remove Ineligible Costs

 

Appeals involving the following issues were denied:

  • Blanket Deadline Waiver Without Special Circumstance
  • Failure to Adhere to Bid Evaluation Criteria
  • Improper Service Provider Involvement
  • Improper Service Provider Involvement – Service Provider Involvement in Technology Plan
  • Late-Filed FCC Form 471 Applications
  • Late-Filed Invoice or Invoice Deadline Extension
  • No Good Cause for Applicant to Modify Category of Service
  • Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
  • Two-In-Five Rule
  • Untimely Filed Appeals or Waiver Requests

The May 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 May decisions is 30 days from the release of the Public Notice.