FCC Appeal Decisions -
Discounts & Eligible Services

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Discounts & Eligible Services

Name Order / Link Summary Release Date
Park Hill Appeal
DA 20-455

Topics: Ineligible Entities - Sharing of Fiber

Clarification that E-Rate eligible entities may share self-provisioned networks supported by the E-Rate program with ineligible entities so long as the ineligible entities pay their fair share of the undiscounted costs associated with constructing and/or operating the network and that E-Rate eligible entities that elect to share their self-provisioned network with an ineligible entity bear the burden of demonstrating that the cost allocation method used to determine the ineligible entity’s fair share is reasonable.

4/20/2020
Houston ISD Appeal
DA 20-29

Topics: Discount Validation

Appeal approved to ensure applicant received benefit of higher discount due to state matching funds.

1/8/2020
Farmington SD Appeal
DA 18-1000

Topics: Self-Provisioned Network; Cost Effectiveness

Self-provisioned network met cost-effectiveness requirement and properly examined total cost of ownership, and funding denial was reversed.

9/28/2018
Batesville Community Appeal
DA 16-823

Topics: Aircards and Data Plans - Cost-Effectiveness

USAC denials were upheld for individual data plan and air card services for funding year 2015 because the petitioners failed to show that it was more cost-effective to purchase access to the Internet through the use of individual data plans or air cards than to use a wireless local area network (WLAN) connected to the Internet.

7/21/2016
Riverside Co BoE Appeal
DA 16-821

Topics: Trade-In Credit - Method of Calculation

Applicant that used trade-in credit based on iriginal cost, and not based on fair market value, as part of payment of non-discounted cost was found to be in compliance with rules. During period in question there was no clear guidance on how to value equipment being traded in. Since then SLD has stated that trade in credits must be based on fair market value of equipment.

7/21/2016
Alamogordo SD Appeal
DA 14-941

Topics: Duplicate Service; Service Substitution; Ineligible Services

Ineligible services appeal denied, USAC not required to allow Service Substitution to replace eligible equipment for ineligible equipment; backup units are ineligible.

6/30/2014
Montgomery Co SD Appeal
DA 14-52

Topics: Discount Validation

Appeal approved of discount calculation resulting in remand to fund two FRNs.

1/16/2014
White Sulphur Springs Appeal DA 99-2537 Topic: Eligible Services

A router that is used for Internet connectivity is eligible even if it can be used for remote access or for WAN connectivity.

11/16/1999
Tennessee Appeal Decision FCC 99-216

Topics: On-Premise P1 Equipment

Establishes the principle of end-to-end leased Internet service and on-premise Priority 1 equipment. Clarifies that applicants should have the flexibility to select different levels of service, to the extent such flexibility is consistent with that school's technology plan and ability to pay for such services, but, when selecting among comparable services, a school should be guided by price in its selection. Even among bids for comparable services, however, this does not mean that the lowest bid must be selected. Price, however, should be carefully considered at this point to ensure that any considerations between price and technical excellence (or other factors) are reasonable.

8/11/1999

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