On December 30, 2019, the FCC issued a Public Notice resolving a number of requests for review, requests for waiver, and petitions for reconsideration related to actions 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.
Appeals involving the following issues were granted:
- Incorrect Service Start Date on FCC Form 486
- Late-Filed FCC Form 471
- Ministerial and/or Clerical Errors
- Ministerial and/or Clerical Errors – FRN Omitted from FCC Form 471 Application
- Signed Contract Requirement
- Responsible Party for Recovery of Improperly Disbursed Funds
- Waiver of Late-filed Waiver Request
Appeals involving the following issues were denied:
- Failure to File FCC Form 470 for Correct Funding Year
- Failure to Post RFP for 28 Days in Violation of the Competitive Bidding Rule
- FCC Form 486 – Late-Filed
- Improper Service Provider Involvement – Service Provider Involvement in Technology Plan
- Intentional Cancellation of Funding
- Invoice Deadline Extension Requests
- Late-Filed FCC Form 471 Applications
- Ministerial and/or Clerical Errors
- Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested
- Untimely Filed Appeals or Waiver Requests
Appeals involving the following issues were dismissed:
- Failure to Comply with the Commission’s Basic Filing Requirements
- Failure to Identify Material Error, Omission, or Reason Warranting Reconsideration
- Untimely Filed Petition for Reconsideration
The December appeal decisions can be viewed here https://ecfsapi.fcc.gov/file/1230274010396/DA-19-1279A1.pdf
The original filings can be located using the FCC’s online electronic filing system https://www.fcc.gov/ecfs/
The deadline for filing petitions for reconsideration or applications for review concerning the December decisions is 30 days from the release of the Public Notice.
