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#ERATE February Appeal Decisions Released by FCC - From Funds For Learning


2/28/2020


On February 28, 2020, the FCC issued a Public Notice deciding 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:

  • Discount Calculation

  • Good Samaritan Provider Not an Approved Telecommunication Service Provider

  • Ministerial and/or Clerical Errors

  • Price as Primary Factor – Applicant Selected Lowest-Cost Provider

  • Waiver of Late-filed Appeal and/or Waiver Request

  • Response Timely Sent to USAC


Appeals involving the following issues were denied:

  • Discount Rate Does Not Support Request

  • Late-Filed FCC Form 471 Applications

  • Invoice Deadline Extension Requests

  • Ministerial and/or Clerical Errors

  • Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested

  • Service Provider Agreement Dated Before Vendor Selection Process

  • Untimely Filed Appeals or Waiver Requests


Appeals involving the following issues were dismissed:

  • Action Requested by Petitioner Taken by USAC

  • Petitions for Reconsideration Filed More Than 30 Days After Bureau’s Decision


The February appeal decisions can be viewed here 

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

 

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