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FCC Orders & Appeals

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.

FCC ReferenceSubjectSummaryIssue DateFile
FCC 99-216470: Competitive Bids. Complaint by losing vendor re. priceDenied: Lowest priced bid need not be selected.08/11/1999View
DA 99-2408470: Competitive Bids. Complaint by losing vendor re. RFPDenied: No E-rate requirement for public RFP.11/02/1999View
FCC 00-167470: Competitive Bids. Vendor listed as contact on Form 470Invalidates Form 470 and associated Form 471s05/23/2000View
DA 99-1335470: Posting. Need to post tariffed services for 28 daysTariff is not a pre-existing contract.07/06/1999View
DA 99-1506471: Contracts. Evidence of contractBids or verbal agreements are not contracts.07/29/1999View
DA 99-2534471: Contracts. Signing dateContracts must be signed on or after the allowable contract date established by the Form 470.11/16/1999View
FCC 00-260471: Contracts. Vendor contract "irregularities"Permitted re-filing of applications denied as a result of vendor problems unknown to applicants.08/11/2000View
DA 99-1773471: Contracts. Voluntary extensions and/or renewalsRenewal terms, in contracts based on valid Form 470s, can be exercised without further posting. Extensions should be "memorialized."09/01/1999View
DA 02-2975471: Contracts. Voluntary extensions and/or renewalsRenewal terms, in contracts based on valid Form 470s, can be exercised without further posting. Extensions should be "memorialized."11/04/2002View
DA 02-3159471: Correction of requested funding amount. Block 5 amount too lowCorrection requests to increase the amount of funding must be disallowed.11/18/2002View
FCC 06-55471: 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.05/19/2006View
FCC 00-2471: Dismissal for inadequate certifications. SLD dismissal of an entire 471 applicationUpholds (with one exception for basic phone service) SLD's practice of denying all funding based on inaccurate or inadequate certifications.01/04/2000View
DA 01-853471: Dismissal for inadequate resources (Item 25 reviews). SLD dismissal of entire 471 applicationsUpholds SLD's Item 25 review process requiring showing of necessary resources by individual applicants or consortiums.04/05/2001View
DA 01-855471: Dismissal for inadequate resources (Item 25 reviews). SLD dismissal of entire 471 applicationsUpholds SLD's Item 25 review process requiring showing of necessary resources by individual applicants or consortiums.04/09/2001View
DA 05-2176471: Dismissal for insufficient documentationRemand to SLD with instructions to provide applicant with detailed inquiry for information needed.07/27/2005View
FCC 06-54471: Dismissal for minor errors and late filings. SLD denial of entire applicationsWaived rules for procedural, not substantive, violations.  Instruct SLD to revise review procedures.05/19/2006View
FCC 01-73471: Dismissal for minor errors. SLD dismissal of entire 471 applicationsRemand to SLD for reconsideration involving certain minor errors where correct information could be deduced from other data provided.02/22/2001View
DA 02-1784471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2308/06/2002View
DA 02-81471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2301/14/2002View
DA 02-87471: Dismissal for other errors. SLD dismissal of entire 471 applicationsUpholds SLD denials for missing information in Items 4, 10, 11, 22, or 2301/14/2002View
DA 02-940471: Dismissal for other errors. SLD dismissal of entire 471 applications"Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 2304/24/2002View
DA 02-942471: Dismissal for other errors. SLD dismissal of entire 471 applications"Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 2304/24/2002View
DA 02-945471: Dismissal for other errors. SLD dismissal of entire 471 applications"Upholds SLD denials for missing information in Items 4, 10, 11, 22, or 2304/24/2002View
FCC 11-39471: Eligible basic maintenanceProspectively permitted allocation of contracted maintenance between basic and on-basic.03/07/2011View
DA 02-2975471: 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."11/04/2002View
DA 07-1180471: Filing Deadline. Request for waiverWaived Form 471 deadlines for multiple applicants for filing failures due to misunderstandings or personal emergencies.03/09/2007View
DA 00-19471: Lost Application. No documentation for mailed applicationApplicant made no showing that 471 had been timely filed.01/06/2000View
DA 00-2403471: Signature Date. Signed (but not submitted) before Allowable Contract DateIndicates that applicant did wait the required period before selecting vendor. FRNs denied.10/25/2000View
DA 05-54471: Unsubstantiated Charges. FRN denial of unsubstantiated charges under the 30% ineligible rule.Funding requests can be reduced, but not denied, for unsubstantiated charges01/11/2005View
FCC 00-354Advanced Payments vs. Installation Charges. Eligibility of large non-recurring charges for funding in first year of multi-year contractAdvanced payments on multi-year contracts should be funded on pro rata basis over at least three years.09/25/2000View
DA 00-1889Appeal Deadline. Deadline date is a holidayFiling deadline is next business day08/18/2000View
DA 99-2219Appeal Deadline. SLD appeal received after deadlineDenied (one of many).10/18/1999View
DA 04-308Appeal 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.02/06/2004View
DA 01-506Appeal Process. Amendment of application after denialApplicant cannot amend application upon appeal after funding has already been denied.03/07/2001View
DA 02-1971Appeal Process. Re-appeal of FCC bureau decision to full CommissionPetitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved.08/09/2002View
DA 02-283Appeal Process. Re-appeal of FCC bureau decision to full CommissionPetitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved.02/13/2002View
DA 99-2389Appeal Process. Simultaneous appeal to SLD and FCCFCC appeal dismissed. Pending appeal to SLD should be processed first.11/01/1999View
DA 01-2457Basic Telephone Service. Centrex serviceBasic telephone service includes only POTS and cellular/PCS services. Centrex does not qualify as a basic service.10/23/2001View
DA 03-383CIPA Certifications. Compliance certification level"CIPA compliance must be certified for each FRN, not just at Billed Entity level."02/07/2003View
DA-06-244Clerical Errors by ApplicantStrict adherence to procedures, resulting in denials for unintentional clerical errors, conflicts with statutory program goals.02/01/2006View
DA 01-1620Consortiums: Letters of Agency. SLD dismissal of an entire 471 application for lack of LOAs from a few membersLetter of Agency requirement is valid. Funding should not be denied for consortium members that did provide Letters of Agency.07/10/2001View
DA 00-1887CSB Errors. Application filed based on erroneous information from SLD's Client Service BureauRules and policies will be enforced, even when a party has received erroneous advice from a government employee (one of many).08/18/2000View
DA 99-2141Discount Rate. Use of primary school eligibility data to estimate high school eligibilityDenied: "Feeder school" estimate is an unacceptable methodology.10/08/1999View
DA 01-1980Eligibility: Bundled Internet. Ineligibility of content bundled with Internet accessA bundled package is eligible only if: (1) content is minimal; and (2) package is most cost-effective solution.08/24/2001View
DA 01-586Eligibility: Cellular/PCS Users. Ineligibility of cellular and PCS service for non-educational purposesResource officers, crisis team, computer center, grounds/maintenance, food service, and warehouse employees not eligible.03/06/2001View
DA 01-1980Eligibility: Network Monitoring. Ineligibility of network monitoring servicesNetwork monitoring is not a telecom service and is not necessary for the transmission of information.08/24/2001View
DA 99-2140Eligibility: PBXs. Eligibility/ineligibility of PBX componentsPhones, modems, messaging service equipment ineligible.10/08/1999View
DA 00-2630Eligibility: Residential Facilities. Eligibility of wiring and equipment for residential dormitory buildingsDorms, even with study centers, are traditional classrooms or computer learning centers: Ineligible.11/21/2000View
DA 99-2537Eligibility: Routers. Eligibility/ineligibility of routers with remote access and WAN capabilityAdditional peripheral functionality does not render a router ineligible.11/16/1999View
DA 99-2079Eligibility: Telecom. Eligibility of telecom facilities not yet constructedApproved: Facilities not yet constructed may be considered "commercially available."10/05/1999View
DA 99-2485Eligibility: Telecom. Telecommunications services provided by non-carrierOnly eligible carriers can provide telecom services.11/09/1999View
FCC 99-268Eligibility: Telecom. Telecommunications services provided by non-carrierOnly eligible carriers can provide telecom services.10/08/1999View
DA 03-182Eligibility: 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.01/23/2003View
FCC 99-216Eligibility: WANs. Ineligibility of purchased facilitiesHigh installation, low recurring, charges might be deemed "purchase".08/11/1999View
DA 02-1464Extension of time for utilizing non-recurring services funding. Request not covered by automatic extension criteriaOnly FCC, not SLD, can waive extension rules if consistent with public interest06/21/2002View
FCC 99-213FCC Appeal Process. 90 day review periodFCC can extend review period an additional 60 days.08/10/1999View
FCC 01-252Freedom of Information Act. Applicant access to SLD review materialFOIA permits agency to describe general nature of review techniques while withholding full details of specific case.09/13/2001View
DA 10-1997Funding commitments: Transfer of commitments from closed schoolsApproved, subject to discount rate adjustments10/18/2010View
FCC 99-291Funding Errors. Funds committed in error for PY1Reversed funding based on statutory violations; upheld funding based on rule errors.10/08/1999View
FCC 99-292Funding Errors. Funds committed in error for PY1Reversed funding based on statutory violations; upheld funding based on rule errors.10/08/1999View
FCC 00-350Funds Paid in Error. Procedures for recapturing disbursements made in errorService providers must repay in cash or via offset of funds owed. Vendors can recover from applicants.09/21/2000View
DA 02-3365Installation Charges for Carrier Work Done Prior to Funding Year. Eligibility of infrastructure preparation before July 1 12/06/2002View
DA 02-2566Installation or Non-recurring deadline. Waiver request for deadline extensionApproved based on scope of project and late funding10/08/2002View
DA 99-2284PIA Review Process. Timely response to SLD request for supporting informationApplicants must respond within reasonable time period or risk potential denial.10/22/1999View
DA 04-1394School 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).05/18/2004View
DA 01-387Service Change. Change in previously funded components or types of servicesFCC adopts new rules for permissible service changes.02/13/2001View
DA 99-2098Service Classification (Internet Access). Hubs/servers/routers as Internet Access service component"n special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections.10/06/1999View
FCC 99-216Service Classification (Internet Access). Hubs/servers/routers as Internet Access service componentIn special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections.08/11/1999View
DA 02-3249Signatures. Lack of original signature on applicant formsPhotocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer.01/27/2002View
DA 01-2536Signatures. Lack of original signature on applicant formsPhotocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer.11/02/2001View
DA 02-85SPIN Change. Applicant request to change SPIN to eligible carrierCorrections after application has been denied are not allowed.01/14/2002View
FCC 00-100SPIN Change. Change of supplierFCC adopts new rules for permissible SPIN changes.03/14/2000View
DA 02-89Unreasonable Processing Delay. Late filing due to SLD processing delayA delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver.01/14/2002View
DA 01-2401Unreasonable Processing Delay. Late filing due to SLD processing delayA delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver.10/16/2001View