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 March 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 March decisions is 30 days from the release of the Public Notice.