E-Rate Central E-Rate
E-Rate Central Home E-Rate Central Services E-Rate Application Tips E-rate Forms Rack E-rate National and State Specific Information E-rate Service Provider Information E-rate Archives: News, Bulletins, CIPA, FCC, Terminology, Code9 Contact Us
 
7/23/2017
Subscribe to our e-rate newsletter
Receive the E-rate Weekly Newsletter

FCC Orders & Appeals

Useful interpretations of E-rate program rules are often provided in FCC orders resulting from applicant appeals of SLD funding decisions.

Key FCC appeal decisions, organized by topic, are provided in the table below. A full list, organized by release date, is available on the FCC Web site.

FCC NameSubjectSummaryIssue DateFile
FCC 99-216470: Competitive Bids. Complaint by losing vendor re. priceDenied: Lowest priced bid need not be selected.08/11/1999View
DA 99-2408470: Competitive Bids. Complaint by losing vendor re. RFPDenied: No E-rate requirement for public RFP.11/02/1999View
FCC 00-167470: Competitive Bids. Vendor listed as contact on Form 470Invalidates Form 470 and associated Form 471s05/23/2000View
DA 99-1335470: Posting. Need to post tariffed services for 28 daysTariff is not a pre-existing contract.07/06/1999View
DA 99-1506471: Contracts. Evidence of contractBids or verbal agreements are not contracts.07/29/1999View
DA 99-2534471: Contracts. Signing dateContracts must be signed on or after the allowable contract date established by the Form 470.11/16/1999View
FCC 00-260471: Contracts. Vendor contract "irregularities"Permitted re-filing of applications denied as a result of vendor problems unknown to applicants.08/11/2000View
DA 99-1773471: Contracts. Voluntary extensions and/or renewalsRenewal terms, in contracts based on valid Form 470s, can be exercised without further posting. Extensions should be "memorialized."09/01/1999View
DA 02-2975471: Contracts. Voluntary extensions and/or renewalsRenewal terms, in contracts based on valid Form 470s, can be exercised without further posting. Extensions should be "memorialized."11/04/2002View
DA 02-3159471: Correction of requested funding amount. Block 5 amount too lowCorrection requests to increase the amount of funding must be disallowed.11/18/2002View
FCC 06-55471: Dismissal for "pattern analysis" of Form 470s.  SLD denial of entire groups of applications.Denials based solely on pattern analysis procedures, not supported by additional investigations, are improper.05/19/2006View
FCC 00-2471: Dismissal for inadequate certifications. SLD dismissal of an entire 471 applicationUpholds (with one exception for basic phone service) SLD's practice of denying all funding based on inaccurate or inadequate certifications.01/04/2000View
DA 01-853471: Dismissal for inadequate resources (Item 25 reviews). SLD dismissal of entire 471 applicationsUpholds SLD's Item 25 review process requiring showing of necessary resources by individual applicants or consortiums.04/05/2001View
DA 01-855471: Dismissal for inadequate resources (Item 25 reviews). SLD dismissal of entire 471 applicationsUpholds SLD's Item 25 review process requiring showing of necessary resources by individual applicants or consortiums.04/09/2001View
DA 05-2176471: Dismissal for insufficient documentationRemand to SLD with instructions to provide applicant with detailed inquiry for information needed.07/27/2005View
FCC 06-54471: Dismissal for minor errors and late filings. SLD denial of entire applicationsWaived rules for procedural, not substantive, violations.  Instruct SLD to revise review procedures.05/19/2006View
FCC 01-73471: Dismissal for minor errors. SLD dismissal of entire 471 applicationsRemand to SLD for reconsideration involving certain minor errors where correct information could be deduced from other data provided.02/22/2001View
DA 02-940471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2304/24/2002View
DA 02-942471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2304/24/2002View
DA 02-945471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2304/24/2002View
DA 02-1784471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2308/06/2002View
DA 02-81471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2301/14/2002View
DA 02-87471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2301/14/2002View
FCC 11-39471: Eligible basic maintenanceProspectively permitted allocation of contracted maintenance between basic and on-basic.03/07/2011View
DA 02-2975471: Existing Contracts Chosen after Form 470 Posting   If there is an existing contract that was not signed pursuant to a posted Form 470, an applicant may post a Form 470, evaluate all bids, and choose the existing contract as the most cost-effective offer and then apply for discounts on that contract."11/04/2002View
DA 07-1180471: Filing Deadline. Request for waiverWaived Form 471 deadlines for multiple applicants for filing failures due to misunderstandings or personal emergencies.03/09/2007View
DA 00-19471: Lost Application. No documentation for mailed applicationApplicant made no showing that 471 had been timely filed.01/06/2000View
DA 00-2403471: Signature Date. Signed (but not submitted) before Allowable Contract DateIndicates that applicant did wait the required period before selecting vendor. FRNs denied.10/25/2000View
DA 05-54471: Unsubstantiated Charges. FRN denial of unsubstantiated charges under the 30% ineligible rule.Funding requests can be reduced, but not denied, for unsubstantiated charges01/11/2005View
FCC 00-354Advanced Payments vs. Installation Charges. Eligibility of large non-recurring charges for funding in first year of multi-year contractAdvanced payments on multi-year contracts should be funded on pro rata basis over at least three years.09/25/2000View
DA 00-1889Appeal Deadline. Deadline date is a holidayFiling deadline is next business day08/18/2000View
DA 99-2219Appeal Deadline. SLD appeal received after deadlineDenied (one of many).10/18/1999View
DA 04-308Appeal Process. Admission of new information on appeal.New information may not be admitted to contradict earlier information, but can be admitted to clarify or resolve an ambiguity.02/06/2004View
DA 01-506Appeal Process. Amendment of application after denialApplicant cannot amend application upon appeal after funding has already been denied.03/07/2001View
DA 02-1971Appeal Process. Re-appeal of FCC bureau decision to full CommissionPetitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved.08/09/2002View
DA 02-283Appeal Process. Re-appeal of FCC bureau decision to full CommissionPetitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved.02/13/2002View
DA 99-2389Appeal Process. Simultaneous appeal to SLD and FCCFCC appeal dismissed. Pending appeal to SLD should be processed first.11/01/1999View
DA 01-2457Basic Telephone Service. Centrex serviceBasic telephone service includes only POTS and cellular/PCS services. Centrex does not qualify as a basic service.10/23/2001View
DA 03-383CIPA Certifications. Compliance certification levelCIPA compliance must be certified for each FRN, not just at Billed Entity level."02/07/2003View
DA-06-244Clerical Errors by ApplicantStrict adherence to procedures, resulting in denials for unintentional clerical errors, conflicts with statutory program goals.02/01/2006View
DA 10-2354Clerical Errors by ApplicantsAdditional examples of ministerial and clerical errors.12/16/2010View
DA 01-1620Consortiums: Letters of Agency. SLD dismissal of an entire 471 application for lack of LOAs from a few membersLetter of Agency requirement is valid. Funding should not be denied for consortium members that did provide Letters of Agency.07/10/2001View
DA 00-1887CSB Errors. Application filed based on erroneous information from SLD's Client Service BureauRules and policies will be enforced, even when a party has received erroneous advice from a government employee (one of many).08/18/2000View
DA 99-2141Discount Rate. Use of primary school eligibility data to estimate high school eligibilityDenied: "Feeder school" estimate is an unacceptable methodology.10/08/1999View
DA 01-1980Eligibility: Bundled Internet. Ineligibility of content bundled with Internet accessA bundled package is eligible only if: (1) content is minimal; and (2) package is most cost-effective solution.08/24/2001View
DA 01-586Eligibility: Cellular/PCS Users. Ineligibility of cellular and PCS service for non-educational purposesResource officers, crisis team, computer center, grounds/maintenance, food service, and warehouse employees not eligible.03/06/2001View
DA 01-1980Eligibility: Network Monitoring. Ineligibility of network monitoring servicesNetwork monitoring is not a telecom service and is not necessary for the transmission of information.08/24/2001View
DA 99-2140Eligibility: PBXs. Eligibility/ineligibility of PBX componentsPhones, modems, messaging service equipment ineligible.10/08/1999View
DA 00-2630Eligibility: Residential Facilities. Eligibility of wiring and equipment for residential dormitory buildingsDorms, even with study centers, are traditional classrooms or computer learning centers: Ineligible.11/21/2000View
DA 99-2537Eligibility: Routers. Eligibility/ineligibility of routers with remote access and WAN capabilityAdditional peripheral functionality does not render a router ineligible.11/16/1999View
DA 99-2079Eligibility: Telecom. Eligibility of telecom facilities not yet constructedApproved: Facilities not yet constructed may be considered "commercially available."10/05/1999View
DA 99-2485Eligibility: Telecom. Telecommunications services provided by non-carrierOnly eligible carriers can provide telecom services.11/09/1999View
FCC 99-268Eligibility: Telecom. Telecommunications services provided by non-carrierOnly eligible carriers can provide telecom services.10/08/1999View
DA 03-182Eligibility: Telecom. Telecommunications used to access an ineligible serviceTelecommunications Connections are eligible for discounts, irrespective of the fact that they may link to a something that is not itself eligible for discounts.01/23/2003View
FCC 99-216Eligibility: WANs. Ineligibility of purchased facilitiesHigh installation, low recurring, charges might be deemed "purchase".08/11/1999View
DA 02-1464Extension of time for utilizing non-recurring services funding. Request not covered by automatic extension criteriaOnly FCC, not SLD, can waive extension rules if consistent with public interest06/21/2002View
FCC 99-213FCC Appeal Process. 90 day review periodFCC can extend review period an additional 60 days.08/10/1999View
FCC 01-252Freedom of Information Act. Applicant access to SLD review materialFOIA permits agency to describe general nature of review techniques while withholding full details of specific case.09/13/2001View
DA 10-1997Funding commitments: Transfer of commitments from closed schoolsApproved, subject to discount rate adjustments10/18/2010View
FCC 99-291Funding Errors. Funds committed in error for PY1Reversed funding based on statutory violations; upheld funding based on rule errors.10/08/1999View
FCC 99-292Funding Errors. Funds committed in error for PY1Reversed funding based on statutory violations; upheld funding based on rule errors.10/08/1999View
FCC 00-350Funds Paid in Error. Procedures for recapturing disbursements made in errorService providers must repay in cash or via offset of funds owed. Vendors can recover from applicants.09/21/2000View
DA 02-3365Installation Charges for Carrier Work Done Prior to Funding Year. Eligibility of infrastructure preparation before July 1 12/06/2002View
DA 02-2566Installation or Non-recurring deadline. Waiver request for deadline extensionApproved based on scope of project and late funding10/08/2002View
DA 99-2284PIA Review Process. Timely response to SLD request for supporting informationApplicants must respond within reasonable time period or risk potential denial.10/22/1999View
DA 12-335Requirement for Consultant Letters of AgencyFCC rules do not require consultant LOAs before consulting service are provided, but USAC may require LOAs to confirm that consultants are authorized to respond to questions on behalf of applicants03/06/2012View
DA 04-1394School Eligibility. Adult Education Centers providing high school and general education courses.Adult Education Centers are not eligible entities (state-specific decision for CT, but logic may be applicable to other states).05/18/2004View
DA 01-387Service Change. Change in previously funded components or types of servicesFCC adopts new rules for permissible service changes.02/13/2001View
DA 99-2098Service Classification (Internet Access). Hubs/servers/routers as Internet Access service componentIn special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections.10/06/1999View
FCC 99-216Service Classification (Internet Access). Hubs/servers/routers as Internet Access service componentIn special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections.08/11/1999View
DA 01-2536Signatures. Lack of original signature on applicant formsPhotocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer.11/02/2001View
DA 02-3249Signatures. Lack of original signature on applicant formsPhotocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer.01/27/2002View
DA 02-85SPIN Change. Applicant request to change SPIN to eligible carrierCorrections after application has been denied are not allowed.01/14/2002View
FCC 00-100SPIN Change. Change of supplierFCC adopts new rules for permissible SPIN changes.03/14/2000View
DA 02-89Unreasonable Processing Delay. Late filing due to SLD processing delayA delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver.01/14/2002View
DA 01-2401Unreasonable Processing Delay. Late filing due to SLD processing delayA delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver.10/16/2001View