The FCC issued its latest monthly set of “streamlined,” precedent-based decisions in Public Notice DA 17-198. In summary, the FCC:
- Dismissed:
- Four Requests for Waiver, which the FCC treated as appeals, but which should have been filed first with USAC.
- Eight Petitions for Reconsideration for failing to identify any material error, omission or reason warranting reconsideration, and relying on arguments that have been fully considered and rejected by the Bureau.
- One Petition for Reconsideration for filing more than 30 days after the Bureau’s decision.
- Granted:
- One Request for Reconsideration waiving the price as the primary factor requirement when the lowest cost solution was selected.
- One Request for Review where the applicant filed a single FCC Form 470 which established the competitive bidding for multiple FRNs and multiple service providers. It was discovered that one vendor had improper involvement during the competitive bidding process. USAC denied all of the FRNs whose contracts or legally binding agreements referenced the Form 470. The applicant successfully made the case that one service provider’s wrongdoing did not invalidate other bona fide requests resulting from the same Form 470.
- One Request for Waiver for filing an appeal only a few days late.
- Two Requests for Review and/or Waiver where it could not be determined that price was the primary factor but the applicant selected the lowest priced option and there was no evidence of waste, fraud or abuse.
- Denied:
- Two Requests for Review and/or Waiver for failing to conduct a fair and open competitive bidding process. The applicant provided detailed information to a service provider and worked with the service provider prior to the start of the competitive bidding process.
- One Request for Waiver for violating the 28-day competitive bidding rule.
- Nine Requests for Waiver of the invoice deadline extension request rule.
- Four Requests for Waiver of the Form 471 filing deadline.
- Eight Requests for Review and/or Waiver which were filed untimely (within 60-day of the decision).
In addition, the FCC voted to protect small businesses from needless regulation. While this is not an E-rate related decision, it is worthwhile to note that it appears the Commission is taking steps to simplify reporting requirements. This specific decision is aimed to help out “mom and pop” Internet Service Providers (“ISPs”) with less than 250,000 broadband connections from being unduly burdened with reports. The Office of Management and Budget (“OMB”) calculated this reporting to take approximately 64 hours annually. This was issued despite a dissent from Democratic Commissioner Mignon Clyburn citing that this Order will protect billion dollar companies. She claimed that some of these billion dollar companies are structured as holding companies comprised of smaller subsidiaries which are now exempt from the reporting requirements.