On November 30, 2018, the Federal Communications Commission (FCC) released decisions related to requests for review, requests for waiver, and petitions for reconsideration of E-rate beneficiaries. The FCC dismissed 9 appeals, granted 36, and denied 17 on various grounds.
Appeals involving the following issues were granted:
- Allowing Service Delivery Extension
- Granting Additional Time to Respond to USAC's Request for Information
- Grant on Reconsideration – Late-Filed FCC Form 471 Applications
- Grant on Reconsideration – Timely Filed Invoice
- Incorrect Service Start Date on FCC Form 486
- Invoice Deadline Extension Requests
- Invoice Deadline Extension Requests Less Than 12 Months Late
- Invoice Reduction
- Ministerial and/or Clerical Errors
- Ministerial and/or Clerical Errors – FCC Form 500
- Price as Primary Factor – Applicant Selected Lowest-Cost Provider
- Price as Primary Factor – Price of Ineligible Items
- Timely Filed Invoice
- Waiver of Appeal- or Waiver-Filing Deadline
- Waiver of Service Delivery Deadline
- Waiver of Special Construction Service Delivery Deadline
Meanwhile, the FCC denied appeals involving the following issues:
- Failure to Seek Competitive Bids
- FCC Form 470 with Inadequate Specificity
- Intentional Cancellation of Funding
- Invoice Deadline Extension Requests
- Invoice Deadline Extension Requests More Than 12 Months Late
- Late-Filed FCC Form 471 Applications
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
- Untimely-Filed Appeals or Waiver Requests
The streamlined appeal decisions can be viewed here. The FCC directs USAC to complete its review of successful applications and issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar days from the release of the Order.
