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November Appeal Decisions Released by FCC

On December 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:

  • Contract Agreement in Place
  • Cost-Effectiveness
  • Discount Calculation
  • Granting Additional time to Respond to USAC with Information During Invoicing
  • Grant on Reconsideration – USAC Decision Issued After Invoice Deadline
  • Ministerial and/or Clerical Errors
  • Permissible Service Implementation Delay
  • USAC Decision Issued After Invoice Deadline
  • Waiver of Appeal Filing Deadline

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
  • Untimely Filed Appeals or Waiver Requests

Four appeals were dismissed as moot, on reconsideration, or to be filed with USAC.

Emergency Connectivity Fund Program

Appeals involving the following issues were granted:

  • Eligible Services
  • Ministerial and/or Clerical Errors
  • Payment Verification
  • Waiver of the Appeal Filing Deadline

Appeals involving the following issues were denied:

  • Untimely Filed Appeals or Waiver Requests

Eight ECF appeals were dismissed as insufficient, USAC took action requested, or upon reconsideration.

The November appeals Order may be found here.

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