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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.
|
| Category / Subject |
Decision Summary |
FCC Reference
& Release Date |
Name |
| Appeal 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. |
DA
04-308
2/6/2004 |
|
| 470: Competitive Bids. Complaint by losing vendor re. price |
Denied: Lowest priced bid need not be selected. |
FCC
99-216
8/11/1999 |
|
| 470: Competitive Bids. Complaint by losing vendor re. RFP |
Denied: No E-rate requirement for public RFP. |
DA
99-2408
11/2/1999 |
|
| 470: Competitive Bids. Vendor listed as contact on Form 470 |
Invalidates Form 470 and associated Form 471s |
FCC
00-167
5/23/2000 |
MasterMind |
| 470: Posting. Need to post tariffed services for 28 days |
Tariff is not a pre-existing contract.
|
DA
99-1335
7/6/1999 |
|
| 471: Contracts. Evidence of contract |
Bids or verbal agreements are not contracts. |
DA
99-1506
7/29/1999 |
|
| 471: Contracts. Signing date |
Contracts must be signed on or after the allowable contract date
established by the Form 470. |
DA
99-2534
11/16/1999 |
|
| 471: Contracts. Vendor contract "irregularities" |
Permitted re-filing of applications denied as a result of vendor problems unknown to applicants. |
FCC 00-260
8/11/2000
|
|
| 471: Contracts. Voluntary extensions and/or renewals |
Renewal terms, in contracts based on valid Form 470s, can be exercised without further posting. Extensions should be "memorialized." |
DA 99-1773
9/1/1999
DA 02-2975
11/4/2002 |
|
| 471: Correction of requested funding amount. Block 5 amount too low |
Correction requests to increase the amount of funding must be disallowed. |
DA 02-3159
11/18/2002 |
|
| 471: Dismissal for inadequate certifications. SLD dismissal of an entire 471 application |
Upholds (with one exception for basic phone service) SLD's practice of denying all funding based on inaccurate or inadequate certifications. |
FCC 00-2
1/4/2000 |
United Talmudical |
| 471: Dismissal for inadequate resources (Item 25 reviews). SLD dismissal of entire 471 applications |
Upholds SLD's Item 25 review process requiring showing of necessary resources by individual applicants or consortiums. |
DA 01-853
4/5/2001
DA 01-855
4/9/2001 |
|
| 471: Dismissal for minor errors and late filings. SLD denial of entire applications |
Waived rules for procedural, not substantive, violations. Instruct SLD to revise review procedures. |
FCC 06-54
5/19/2006 |
Bishop Perry |
| 471: 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. |
FCC 06-55
5/19/2006 |
|
| 471: Dismissal for minor errors. SLD dismissal of entire 471 applications |
Remand to SLD for reconsideration involving certain minor errors where correct information could be deduced from other data provided. |
FCC 01-73
2/22/2001 |
Naperville |
| 471: 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. |
DA 02-2975
11/4/2002 |
Kalamazoo |
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