FCC IDER Decision:
The FCC issued a special order (DA 18-188) providing applicants (and service providers) with additional invoicing deadline extensions for FY 2016 recurring service FRNs. The FCC initiated this action on its own motion in recognition of the many USAC delays in (a) approving Form 486s, or (b) processing and approving post commitment changes (e.g., SPIN changes and service substitutions). These delays prevented invoices from being filed by the original deadline of October 30, 2017.
With approvals still pending, many applicants filed 120-day Invoice Deadline Extension Requests (“IDERs”). Under current FCC rules, USAC granted these IDERs automatically thereby extending the invoice deadlines to February 27, 2018. Unfortunately, this extended deadline is also proving unreachable in cases of recent or still pending approvals, and USAC was otherwise barred from issuing further extensions. To its credit, the FCC stepped into the void. It has given USAC the authority to process these invoices beyond February 27th for up to an additional 120-days following the issuance of the delayed Form 486 approvals or Revised Funding Commitment Decision Letters (“RFCDLs”).
Upcoming 2018 E-Rate Dates:
March 3 |
FY 2017 Form 486 deadline for funding committed in Wave 23. Other upcoming Form 486 deadlines include:
Wave 24 03/12/2018
Wave 25 03/19/2018
Wave 26 03/22/2018
Wave 27 04/02/2018
Applicants missing these (or earlier) deadlines should watch carefully for “Form 486 Urgent Reminder Letters” in EPC. The Reminders will afford applicants with 15-day extensions to submit their Form 486s without penalty.
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March 22 |
FY 2018 Form 471 Application Window closes at 11:59 p.m. EDT. |
FCC Decision Watch:
The FCC issued its monthly set of “streamlined,” precedent-based decisions (DA 18-175). Applicants facing similar problems as addressed in these decisions may garner useful information by carefully reading the additional FCC explanations found in the footnotes. The original appeals and waiver requests can be found online in the FCC’s Search for Filings.
In summary, last week’s FCC decisions:
- Dismissed:
- One Request for Review and one Petition for Reconsideration deemed moot because the invoicing records indicated that the applicants had been fully compensated.
- One Petition for Reconsideration for failing to provide any arguments not already fully considered by the FCC.
- One Petition for Reconsideration rejecting the applicant’s argument that it could not file a sufficient petition unless the Bureau provided a more detailed explanation of the original appeal denial.
- Granted:
- One Request for Review of a late-filed Form 486 due to extenuating circumstances involving the termination of two employees.
- Three Requests for Waiver involving Ministerial and/or Clerical (“M&C”) errors.
- Denied:
- One Request for Review in which the FCC reiterated that its recommendation that investigations be completed within five years was “a policy preference and not an absolute bar to recovery.”
- Seven Requests for Waiver for invoice deadline extensions.
- Three Requests for Waiver of late-filed Form 471 applications submitted more than two weeks late.
- One Request for Waiver for a late-filed SPIN Change request (required to be filed by the associated invoice deadline).
- Two Requests for Waiver or Review for unjustified service implementation delays.
- Two Requests for Waiver not filed within the 60-day appeal and waiver deadline.