FCC Appeals

E-rate program rules are based upon the initial guidelines established by Federal-State Joint Board and a series of orders released by the FCC.

 The Telecommunications Act of 1996.

FCC Name Subject Summary Issue Date File
FCC 99-216       470: Competitive Bids. Complaint by losing vendor re. price Denied: Lowest priced bid need not be selected. 08/11/1999 View
DA 99-2408 470: Competitive Bids. Complaint by losing vendor re. RFP Denied: No E-rate requirement for public RFP. 11/02/1999 View
FCC 00-167 470: Competitive Bids. Vendor listed as contact on Form 470 Invalidates Form 470 and associated Form 471s 05/23/2000 View
DA 99-1335 470: Posting. Need to post tariffed services for 28 days Tariff is not a pre-existing contract. 07/06/1999 View
DA 99-1506 471: Contracts. Evidence of contract Bids or verbal agreements are not contracts. 07/29/1999 View
DA 99-2534 471: Contracts. Signing date Contracts must be signed on or after the allowable contract date established by the Form 470. 11/16/1999 View
FCC 00-260 471: Contracts. Vendor contract "irregularities" Permitted re-filing of applications denied as a result of vendor problems unknown to applicants. 08/11/2000 View
DA 99-1773 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." 09/01/1999 View
DA 02-2975 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." 11/04/2002 View
DA 02-3159 471: Correction of requested funding amount. Block 5 amount too low Correction requests to increase the amount of funding must be disallowed. 11/18/2002 View
FCC 06-55 471: 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. 05/19/2006 View
FCC 00-2 471: 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. 01/04/2000 View
DA 01-853 471: 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. 04/05/2001 View
DA 01-855 471: 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. 04/09/2001 View
DA 05-2176 471: Dismissal for insufficient documentation Remand to SLD with instructions to provide applicant with detailed inquiry for information needed. 07/27/2005 View
FCC 06-54 471: 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. 05/19/2006 View
FCC 01-73 471: 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. 02/22/2001 View
DA 02-940 471: Dismissal for other errors. SLD dismissal of entire 471 applications Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 23 04/24/2002 View
DA 02-942 471: Dismissal for other errors. SLD dismissal of entire 471 applications Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 23 04/24/2002 View
DA 02-945 471: Dismissal for other errors. SLD dismissal of entire 471 applications Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 23 04/24/2002 View
DA 02-1784 471: Dismissal for other errors. SLD dismissal of entire 471 applications Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 23 08/06/2002 View
DA 02-81 471: Dismissal for other errors. SLD dismissal of entire 471 applications Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 23 01/14/2002 View
DA 02-87 471: Dismissal for other errors. SLD dismissal of entire 471 applications Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 23 01/14/2002 View
FCC 11-39 471: Eligible basic maintenance Prospectively permitted allocation of contracted maintenance between basic and on-basic. 03/07/2011 View
DA 02-2975 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." 11/04/2002 View
DA 07-1180 471: Filing Deadline. Request for waiver Waived Form 471 deadlines for multiple applicants for filing failures due to misunderstandings or personal emergencies. 03/09/2007 View
DA 00-19 471: Lost Application. No documentation for mailed application Applicant made no showing that 471 had been timely filed. 01/06/2000 View
DA 00-2403 471: Signature Date. Signed (but not submitted) before Allowable Contract Date Indicates that applicant did wait the required period before selecting vendor. FRNs denied. 10/25/2000 View
DA 05-54 471: Unsubstantiated Charges. FRN denial of unsubstantiated charges under the 30% ineligible rule. Funding requests can be reduced, but not denied, for unsubstantiated charges 01/11/2005 View
FCC 00-354 Advanced Payments vs. Installation Charges. Eligibility of large non-recurring charges for funding in first year of multi-year contract Advanced payments on multi-year contracts should be funded on pro rata basis over at least three years. 09/25/2000 View
DA 00-1889 Appeal Deadline. Deadline date is a holiday Filing deadline is next business day 08/18/2000 View
DA 99-2219 Appeal Deadline. SLD appeal received after deadline Denied (one of many). 10/18/1999 View
DA 04-308 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. 02/06/2004 View
DA 01-506 Appeal Process. Amendment of application after denial Applicant cannot amend application upon appeal after funding has already been denied. 03/07/2001 View
DA 02-1971 Appeal Process. Re-appeal of FCC bureau decision to full Commission Petitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved. 08/09/2002 View
DA 02-283 Appeal Process. Re-appeal of FCC bureau decision to full Commission Petitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved. 02/13/2002 View
DA 99-2389 Appeal Process. Simultaneous appeal to SLD and FCC FCC appeal dismissed. Pending appeal to SLD should be processed first. 11/01/1999 View
DA 01-2457 Basic Telephone Service. Centrex service Basic telephone service includes only POTS and cellular/PCS services. Centrex does not qualify as a basic service. 10/23/2001 View
DA 03-383 CIPA Certifications. Compliance certification level CIPA compliance must be certified for each FRN, not just at Billed Entity level." 02/07/2003 View
DA-06-244 Clerical Errors by Applicant Strict adherence to procedures, resulting in denials for unintentional clerical errors, conflicts with statutory program goals. 02/01/2006 View
DA 10-2354 Clerical Errors by Applicants Additional examples of ministerial and clerical errors. 12/16/2010 View
DA 01-1620 Consortiums: Letters of Agency. SLD dismissal of an entire 471 application for lack of LOAs from a few members Letter of Agency requirement is valid. Funding should not be denied for consortium members that did provide Letters of Agency. 07/10/2001 View
DA 00-1887 CSB Errors. Application filed based on erroneous information from SLD's Client Service Bureau Rules and policies will be enforced, even when a party has received erroneous advice from a government employee (one of many). 08/18/2000 View
DA 99-2141 Discount Rate. Use of primary school eligibility data to estimate high school eligibility Denied: "Feeder school" estimate is an unacceptable methodology. 10/08/1999 View
DA 01-1980 Eligibility: Bundled Internet. Ineligibility of content bundled with Internet access A bundled package is eligible only if: (1) content is minimal; and (2) package is most cost-effective solution. 08/24/2001 View
DA 01-586 Eligibility: Cellular/PCS Users. Ineligibility of cellular and PCS service for non-educational purposes Resource officers, crisis team, computer center, grounds/maintenance, food service, and warehouse employees not eligible. 03/06/2001 View
DA 01-1980 Eligibility: Network Monitoring. Ineligibility of network monitoring services Network monitoring is not a telecom service and is not necessary for the transmission of information. 08/24/2001 View
DA 99-2140 Eligibility: PBXs. Eligibility/ineligibility of PBX components Phones, modems, messaging service equipment ineligible. 10/08/1999 View
DA 00-2630 Eligibility: Residential Facilities. Eligibility of wiring and equipment for residential dormitory buildings Dorms, even with study centers, are traditional classrooms or computer learning centers: Ineligible. 11/21/2000 View
DA 99-2537 Eligibility: Routers. Eligibility/ineligibility of routers with remote access and WAN capability Additional peripheral functionality does not render a router ineligible. 11/16/1999 View
DA 99-2079 Eligibility: Telecom. Eligibility of telecom facilities not yet constructed Approved: Facilities not yet constructed may be considered "commercially available." 10/05/1999 View
DA 99-2485 Eligibility: Telecom. Telecommunications services provided by non-carrier Only eligible carriers can provide telecom services. 11/09/1999 View
FCC 99-268 Eligibility: Telecom. Telecommunications services provided by non-carrier Only eligible carriers can provide telecom services. 10/08/1999 View
DA 03-182 Eligibility: Telecom. Telecommunications used to access an ineligible service Telecommunications Connections are eligible for discounts, irrespective of the fact that they may link to a something that is not itself eligible for discounts. 01/23/2003 View
FCC 99-216 Eligibility: WANs. Ineligibility of purchased facilities High installation, low recurring, charges might be deemed "purchase". 08/11/1999 View
DA 02-1464 Extension of time for utilizing non-recurring services funding. Request not covered by automatic extension criteria Only FCC, not SLD, can waive extension rules if consistent with public interest 06/21/2002 View
FCC 99-213 FCC Appeal Process. 90 day review period FCC can extend review period an additional 60 days. 08/10/1999 View
FCC 01-252 Freedom of Information Act. Applicant access to SLD review material FOIA permits agency to describe general nature of review techniques while withholding full details of specific case. 09/13/2001 View
DA 10-1997 Funding commitments: Transfer of commitments from closed schools Approved, subject to discount rate adjustments 10/18/2010 View
FCC 99-291 Funding Errors. Funds committed in error for PY1 Reversed funding based on statutory violations; upheld funding based on rule errors. 10/08/1999 View
FCC 99-292 Funding Errors. Funds committed in error for PY1 Reversed funding based on statutory violations; upheld funding based on rule errors. 10/08/1999 View
FCC 00-350 Funds Paid in Error. Procedures for recapturing disbursements made in error Service providers must repay in cash or via offset of funds owed. Vendors can recover from applicants. 09/21/2000 View
DA 02-3365 Installation Charges for Carrier Work Done Prior to Funding Year. Eligibility of infrastructure preparation before July 1   12/06/2002 View
DA 02-2566 Installation or Non-recurring deadline. Waiver request for deadline extension Approved based on scope of project and late funding 10/08/2002 View
DA 99-2284 PIA Review Process. Timely response to SLD request for supporting information Applicants must respond within reasonable time period or risk potential denial. 10/22/1999 View
DA 12-335 Requirement for Consultant Letters of Agency FCC 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 applicants 03/06/2012 View
DA 04-1394 School 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). 05/18/2004 View
DA 01-387 Service Change. Change in previously funded components or types of services FCC adopts new rules for permissible service changes. 02/13/2001 View
DA 99-2098 Service Classification (Internet Access). Hubs/servers/routers as Internet Access service component In special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections. 10/06/1999 View
FCC 99-216 Service Classification (Internet Access). Hubs/servers/routers as Internet Access service component In special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections. 08/11/1999 View
DA 01-2536 Signatures. Lack of original signature on applicant forms Photocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer. 11/02/2001 View
DA 02-3249 Signatures. Lack of original signature on applicant forms Photocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer. 01/27/2002 View
DA 02-85 SPIN Change. Applicant request to change SPIN to eligible carrier Corrections after application has been denied are not allowed. 01/14/2002 View
FCC 00-100 SPIN Change. Change of supplier FCC adopts new rules for permissible SPIN changes. 03/14/2000 View
DA 02-89 Unreasonable Processing Delay. Late filing due to SLD processing delay A delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver. 01/14/2002 View
DA 01-2401 Unreasonable Processing Delay. Late filing due to SLD processing delay A delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver. 10/16/2001 View