Appeals approved of late filed 486s and absent extraordinary circumstances, FCC will only grant relief for late-filed FCC Forms 486 that were filed no later than 120 days after the last day to receive service for the funding request at issue and where the applicants have demonstrated good cause for the late filing.
Topics: Service Implementation Deadline Waiver Request
Request for Waiver filed by Grand Canyon SD of special construction service implementation deadline approved. Although the 24 month timeline for special construction was planned, USAC's denial of extension due to fact that the extension was foreseeable and not unexpected was overruled by FCC because (1) the applicant was unable to complete implementation for reasons beyond the service provider’s control, and (2) the petitioner made good faith efforts to comply with Commission rules and procedures.
Reconsideration and approval of invoice deadline waiver due to extraordinary circumstances arising from vendor's billing system integration that caused a failure to bill customer, even though extension was requested after original invoice deadline.
Denial of requests for waiver of invoice deadline extensions. The requests sought to file invoices that were more than 12 months late at the time the petitioners first sought invoice deadline extensions.
FBI investigation uncovered a litany of E-rate violations such as allowing applicants to not pay the non-discounted share; donating money to a non-profit affiliated with an applicant; providing services that were different from approved services; failing to provide approved services; failure to provide services during funding year, etc. Appeals were all denied.
COMAD reversed on appeal. COMAD against service provider was due to competitive bidding violation because applicant stated it intended to continue its existing multi-year service contract with a specific service provider. COMAD against vendor was rescinded. Recovery will be sought from the applicant. Late appeal by applicant was rejected.
Funding denials due to applicant failure to respond to its request for additional information within the USAC-specified time frame were reversed and remanded, as the FCC found good cause to waive the requirement and for USAC to provide additional time to allow applicants to respond to questions.
Extends the filing window for Funding Year 2006 (FY2006) until September 30, 2006, and waives the two-in-five rule for FY2006 for schools and libraries in Louisiana, Mississippi, and Alabama that were directly affected by Hurricane Katrina.