SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM ORDER. WCB directs USAC to extend deadlines for E-rate applicants affected by application and invoicing system errors. (Dkt No 02-6). Action by: Chief, Wireline Competition Bureau. Adopted: 2019-02-27 by ORDER. (DA No. 19-128). WCB.
READ ENTIRE ORDER HERE: DA-19-128A1.pdf
III. DISCUSSION
6. We waive the special construction service implementation deadline for Affected Applicants and direct USAC to set service implementation deadlines that reflect the date applicants received in their commitment notifications. Generally, a waiver of the Commission’s rules is appropriate if: (a) special circumstances warrant a deviation from the general rule, and (b) such deviation will serve the public interest.17 Although applicants are responsible for knowing and complying with E-Rate program rules,18 the Wireline Competition Bureau (WCB) has previously found good cause to waive the Commission’s rule establishing the service implementation deadline for non-recurring services when an applicant missed the service implementation deadline based on mistaken information from its consultant.19 In that matter, the Bureau emphasized that granting the request would not lead to an undue advantage in funding because the applicant would not receive more funding than that to which it was entitled and the services had already been delivered by the service provider.20 Moreover, the Bureau has also found good cause to grant a waiver of the service implementation deadline for recurring services where USAC erroneously approved an applicant’s request for an extension of the service implementation deadline, the applicant relied on that extension, and USAC subsequently sought to recover funding based on the applicant’s failure to meet the original, correct service implementation deadline.
READ ENTIRE ORDER HERE: DA-19-128A1.pdf
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