FCC Appeal Decisions - Other E-Rate Regulations

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Documentation Requirements

Name Order / Link Summary Release Date
Knox County SD Appeal
DA 20-63

Topics: Funding Request Calculation - Supporting Documentation

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.

1/14/2020
Eastchester UN SD Appeal Order
DA 19-840

Topics: Documentation Retention

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.

8/28/2019

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Miscellaneous Regulations

Name Order / Link Summary Release Date
Two in Five Rule Order
DA 20-1311

Topics: Two in Five Rule

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.

11/4/2020
Eagle Hill Appeal
DA 17-1206

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.

12/15/2017
Iberia Parish Appeal
DA 15-464

Topics: Equipment Transfer

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

5/15/2015
La Canada Appeal
DA 15-571

Topics: Must Appeal to USAC before FCC

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.

5/11/2015
Green Tree School Appeal
DA 14-1085

Topics: Funding Priority

Denial of funding for P2 requests due to lack of available money was upheld on appeal.

7/30/2014
Nassau County Appeal DA 02-3365

Topic: Pre-Funding Year One-Time Costs

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).

12/6/2002
Alaska Waiver Order FCC 01-350

Topic: Community Use of Internet

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.

12/3/2001

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