On April 1, 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:
- Competitive Bidding – Adequate Information on Form 470
- Competitive Bidding – Applicant Selected Lowest-Price Solution
- Competitive Bidding – Permissible Vendor Selection
- Competitive Bidding – Valid Vendor Selection
- Contract Agreement in Place
- Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waiver
- Discount Calculation
- Eligible Services – Community Use of Schools’ E-Rate Funded Facilities and Services
- Granting Additional Time to Respond to USAC with Information
- Granting Additional Time to Respond to USAC with Information During Invoicing
- Granting on Reconsideration – Services Delivered Before Contract End Date
- Granting on Reconsideration – Late-Filed Appeal/Waiver
- Invoicing Ministerial and/or Clerical Error
- Late-Filed Appeal or Waiver – Submitted Only a Few Days Late
- Late-Filed Appeal or Waiver
- Late-Filed FCC Form 486 Filed Before Invoice Deadline
- Ministerial and/or Clerical Error
- Ministerial and/or Clerical Error – FCC Form 471
- Ministerial and/or Clerical Errors – FCC Form 486
- Permissible Implementation Delay
- Service Implementation Delay Because of Time Limitation
- Service Substitution
- Unutilized Equipment
- USAC Decision Issued After Invoice Deadline
- Waiver of the Competitive Bidding 28-Day Rule
Appeals involving the following issues were denied:
- Failure to Conduct Fair and Open Competitive Bidding
- Failure to Document Price as the Primary Factor in Vendor Selection Process
- Ineligible Entities
- Ineligible Services
- 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
- Responsible Party for Recovery of Improperly Disbursed Funds
- Untimely Filed Appeals or Waiver Requests
Emergency Connectivity Fund Program
Appeals involving the following issues were granted:
- Early Delivery
Appeals involving the following issues were denied:
- Late-Filed ECF FCC Form 471 Applications
- Untimely Filed Appeals or Waiver Requests
The April 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 April decisions is 30 days from the release of the Public Notice.
