Appeal denied of applicant's request for additional funding that could not be justified, based on applicant's estimated additional costs that could not be substantiated by contract. Applicants cannot request anticipatory price increase for a later contract period due to delays in obtaining funding approval. Applicants must not seek funding for higher than the contract price.
Waiver of document retention requirements in several different unique situations. Appeals approved of adverse decisions that arose due to the failure of the applicant or service provider to retain all required documents for the required amount of time from the last day of service. One appeal denied where the FCC rejected the claim that lack of documentation prevented the filing of a timely appeal.
Waiver of the 2-in-5 Rule. Concluded that USAC had given contradictory explanations in explaining how the rule worked in trainings and had directed applicants to the inaccurate tool, thus a waiver was appropriate in the limited circumstances presented in Petitioners' requests for review.
Topics: Ineligible Location; Time Period for RIDF; Estoppel
Funding denials for ineligible locations upheld on appeal; no statue of limitations for recovery of improperly disbursed funds; later determination that the location would now qualify for funding (dormitories of boarding schools) has no bearing on the matter; and USAC is not estopped from seeking repayment because an employee provided inaccurate information to the applicant and stated that the location was eligible for funding.
Appeal denied of applicant's adverse audit finding due to transfer of equipment purchased with E-Rate support from schools that were not closing within three years of purchase
Appeal to FCC was dismissed because applicant must first file appeal with USAC. Appeal of late submitted Form 486 must first be filed with USAC because 486 deadline is procedural and not set by regulation.
Commission finds that in limited situations, the infrastructure costs incurred by a telecommunications provider in preparation for the commencement of telecommunications service should be deemed to be recoverable beginning in the first year of the contract (even though incurred prior to the start of the funding year).
Allows members of rural remote communities in Alaska, where there is no local or toll-free dial-up Internet access, to use excess service for the community during non-school hours subject to certain conditions.
