On March 30, 2016, the Federal Communications Commission (FCC) released several decisions related to the requests for review, requests for waiver, and petitions for reconsideration of E-rate beneficiaries. The FCC granted or partially granted fifteen requests and petitions and denied twenty-one. The Commission also dismissed fourteen appeals on various grounds.
Successful appeals included the following issues:
- Late-filed FCC Form 471 due to actions beyond applicant’s control
- Granting additional time to respond to USAC request for information
- Invoice deadline extension request less than 12 months late
- Late-filed FCC Form 471 applications filed within 14 days of the close of the window
- Late-filed FCC Form 471 certifications
- Ministerial and/or clerical errors – FCC Form 471
- Signed contract requirement
- Violation of the competitive bidding 28-day rules
- Waiver of price as primary factor requirement: applicant selected lowest-price solution
Appeals involving the below issues were denied:
- Discount calculation
- Duplicative services
- FCC Form 470 with inadequate specificity and no indication of request for proposal (RFP) on services being sought
- Improper service provider involvement in FCC Form 470
- Invoice deadline extension request less than 12 months late
- Request for additional funding above cap
- Late-filed FCC Form 471 applications
- Ministerial and clerical errors – FCC Form 471
- Untimely filed request for review
