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September Appeal Decisions Released by FCC

On September 30, 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:

  • Demonstrating Extraordinary Circumstances Warranting Invoice Rule Waiver Ministerial and Clerical Error – Two-in-Five Year Rule
  • FCC Form 473 Technical Issue
  • Granting on Reconsideration – Application Filed Late Due to Circumstances Beyond Their Control
  • Granting on Reconsideration – Issue on Appeal Should Have Been Resolved with USAC Before the Petitioner Resorted to Filing an Appeal
  • Granting on Reconsideration – Waiver of Special Construction Service Delivery Deadline
  • Late-Filed Appeal or Waiver – Submitted Only a Few Days Late
  • Late-Filed FCC Form 471 Applications — Application Filed Late Due to Circumstances Beyond Their Control
  • Late-Filed FCC Form 471 Applications — Filed More than 30 Days Late Due to Serious Illness
  • Late-Filed FCC Form 486
  • Ministerial and/or Clerical Error
  • Ministerial and Clerical Error – Invoicing
  • Permissible Implementation Delay
  • Reconsideration of Bureau’s Own Decision – Late-filed Appeal
  • Reconsideration of Bureau’s Own Decision – Sufficient Documentation to Determine Eligibility
  • Unintentional Cancellation of FRN
  • USAC Decision Issued After Invoice Deadline
  • USAC Invoice Interpretation Error
  • Waiver of Special Construction Service Delivery Deadline
  • Appeals involving the following issues were partially granted:
  • Ineligible Services

Appeals involving the following issues were denied:

  • Failure to Satisfy Debt/Red Light Rule
  •  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
  • Untimely Filed Appeals or Waiver Requests

Cybersecurity Pilot Program:

Appeals involving the following issues were denied:

  • Late Filed FCC Form 484 Part 1

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

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