News of the Week

USAC issued Wave 24 for FY 2023 on Thursday, October 5th, for $26.0 million.  Total funding is now $2.23 billion.  At this point, USAC has funded 94.4% of the originally submitted applications representing 77.0% of the dollars requested. 

ECF for 2021-2023:

Wave 35 for Window 3 was issued on Wednesday, October 4th, for $37.0 million.  Total commitments for all three ECF windows are at $6.47 billion.  USAC has now funded 97.9% of submitted applications.

Upcoming Dates:

FCC Streamlined Decisions:

The FCC issued another set of “streamlined” precedent-based decisions (DA 23-883) last week.  As with past streamlined decisions, applicants facing similar problems as those addressed in these decisions may garner useful information by carefully reading the additional FCC explanations found in the footnotes.  The original appeal and/or waiver requests can be found online in the FCC’s Search for Filings under Docket 02-6 (E-rate) or Docket 21-93 (ECF).

In September’s streamlined decisions, the FCC:

1. E-Rate Dismissed:
   1. One Request for Review considered moot based on action already taken by USAC.
   2. Two Requests for Review dismissed to permit filing with USAC.
   3. Two filings for failure to comply with the FCC’s general filing requirements.
   4. Three Petitions for Reconsideration for failure to identify any material error, omission, or reason warranting reconsideration. 
2. E-Rate Granted:
   1. One Request for Review for a bid accepted “shortly after” filing of the Form 471.
   2. Three Requests for Review based on showings that contracts were in place prior to filing Form 471s.
   3. Four Requests for Waiver to allow the submission of discount calculation information.
   4. One Request for Review remanding an application to USAC for review of discount rate data.
   5. One Request for Review remanding an application to USAC for review of a finding of duplicative services.
   6. One Request for Review and/or Waiver remanding an application to USAC for review of entity eligibility.
   7. One Request for Review and/or Waiver regarding a rejected bid for equipment not meeting the “or equivalent” criteria (cables that were incompatible with existing patch panels and faceplates).
   8. One Request for Review for the inadvertent cancellation of an FRN.
   9. One Request for Waiver for an incorrect service start date on a Form 486.
   10. One Request for Review remanding an application to USAC for review and explanation of service ineligibility.
   11. Thirteen Requests for Review and/or Waiver for ministerial and/or clerical errors involving Form 471 applications or invoicing.
   12. One Request for Waiver permitting a contract end date change.
   13. Three Requests for Review and/or Waiver finding that price had been the primary factor considered during the bid evaluations.
   14. Two Requests for Waiver of the appeal filing deadline.
   15. One Request for Review remanding an application to USAC for review of a funding reduction.
   16. Two Requests for Waiver of the appeal filing deadline for filings made “only a few days late.”
   17. Eight Requests for Waiver of the special construction service delivery deadline.
3. E-Rate Denied:
   1. Two Requests for Review for requests of duplicative services.
   2. One Request for Review for failure to a file a Form 470 for the current year.
   3. Ten Requests for Waiver on late-filed Form 471 applications failing to present extraordinary circumstances justifying waivers.
   4. Four Requests for Waiver for late-filed invoices or invoice deadline extension requests.
   5. One Request for Waiver of a Red Light Rule violation.
   6. Two Requests for Waiver for Form 470s that did not seek bids on the types of services later requested.
   7. Seven Requests for Review and/or Waiver for untimely filed appeals or waiver requests.
   8. Two Requests for Review of the 28-day competitive bidding rule.
4. ECF Dismissed:
   1. Three Requests for Waiver deemed moot because of actions already taken.
5. ECF Granted:
   1. One Request for Waiver involving the early delivery of equipment.
   2. Three Requests for Review and/or Waiver for ministerial and/or clerical errors.
   3. Two Requests for Review and/or Waiver involving payment verification.
6. ECF Denied:
   1. One Request for Waiver for failure to satisfy the Debt/Red Light Rule.
   2. Three Requests for Waiver for late-filed Form 471 applications failing to present extraordinary circumstances justifying waivers.