On May 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:

  • Category Two: Two-in-Five Year Rule
  • Discount Calculation
  • Eligible Services
  • Eligible Entity
  • Granting on Reconsideration – Late-Filed Appeal/Waiver
  • Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window
  • Ministerial and/or Clerical Error Resulting in Appearance of 2-in-5 Rule Violation
  • Remanding to Remove Ineligible Costs
  • Remanding to USAC Where Consortium Applicant Had Authority
  • Service Substitution
  • Services Rendered During Funding Year
  • USAC Decision Issued After Invoice Deadline

Appeals involving the following issues were Granted in Part:

  • Cost Allocation of Non-Ancillary Ineligible Components

Appeals involving the following issues were denied:

  • Blanket Invoice Deadline Waiver Without Special Circumstances
  • Category of Service
  • Ineligible Services
  • Late-Filed Invoice or Invoice Deadline Extension
  • Ministerial and/or Clerical Errors — FRN Omitted from FCC Form 471 Application
  • Recovery Required for Equipment that Could Not Be Located During Audit
  • Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
  • Service Substitution

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.