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Appeal Decisions
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 Reference | Subject | Summary | Issue Date |
|---|---|---|---|
| FCC 99-216 | 470: Competitive Bids. Complaint by losing vendor re. price | Denied: Lowest priced bid need not be selected. | 8/11/1999 |
| DA 99-2408 | 470: Competitive Bids. Complaint by losing vendor re. RFP | Denied: No E-rate requirement for public RFP. | 11/2/1999 |
| FCC 00-167 | 470: Competitive Bids. Vendor listed as contact on Form 470 | Invalidates Form 470 and associated Form 471s | 5/23/2000 |
| DA 99-1335 | 470: Posting. Need to post tariffed services for 28 days | Tariff is not a pre-existing contract. | 7/6/1999 |
| DA 99-1506 | 471: Contracts. Evidence of contract | Bids or verbal agreements are not contracts. | 7/29/1999 |
| 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 |
| FCC 00-260 | 471: Contracts. Vendor contract "irregularities" | Permitted re-filing of applications denied as a result of vendor problems unknown to applicants. | 8/11/2000 |
| 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." | 9/1/1999 |
| 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." | 11/4/2002 |
| 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 |
| 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. | 5/19/2006 |
| 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. | 1/4/2000 |
| 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. | 4/5/2001 |
| 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. | 4/9/2001 |
| DA 05-2176 | 471: Dismissal for insufficient documentation | Remand to SLD with instructions to provide applicant with detailed inquiry for information needed. | 7/27/2005 |
| 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. | 5/19/2006 |
| 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. | 2/22/2001 |
| 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 | 1/14/2002 |
| 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 | 1/14/2002 |
| 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 | 4/24/2002 |
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