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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 |
|---|---|---|---|
| DA 00-1887 | CSB Errors. Application filed based on erroneous information from SLD's Client Service Bureau | Rules and policies will be enforced, even when a party has received erroneous advice from a government employee (one of many). | 8/18/2000 |
| DA 00-1889 | Appeal Deadline. Deadline date is a holiday | Filing deadline is next business day | 8/18/2000 |
| DA 00-19 | 471: Lost Application. No documentation for mailed application | Applicant made no showing that 471 had been timely filed. | 1/6/2000 |
| DA 00-2403 | 471: Signature Date. Signed (but not submitted) before Allowable Contract Date | Indicates that applicant did wait the required period before selecting vendor. FRNs denied. | 10/25/2000 |
| DA 00-2630 | Eligibility: Residential Facilities. Eligibility of wiring and equipment for residential dormitory buildings | Dorms, even with study centers, are traditional classrooms or computer learning centers: Ineligible. | 11/21/2000 |
| DA 01-1620 | Consortiums: Letters of Agency. SLD dismissal of an entire 471 application for lack of LOAs from a few members | Letter of Agency requirement is valid. Funding should not be denied for consortium members that did provide Letters of Agency. | 7/10/2001 |
| DA 01-1980 | Eligibility: Bundled Internet. Ineligibility of content bundled with Internet access | A bundled package is eligible only if: (1) content is minimal; and (2) package is most cost-effective solution. | 8/24/2001 |
| DA 01-1980 | Eligibility: Network Monitoring. Ineligibility of network monitoring services | Network monitoring is not a telecom service and is not necessary for the transmission of information. | 8/24/2001 |
| DA 01-2401 | Unreasonable Processing Delay. Late filing due to SLD processing delay | A delay in processing a Form 470, causing an applicant to miss the Form 471 filing window, is grounds for waiver. | 10/16/2001 |
| DA 01-2457 | Basic Telephone Service. Centrex service | Basic telephone service includes only POTS and cellular/PCS services. Centrex does not qualify as a basic service. | 10/23/2001 |
| DA 01-2536 | Signatures. Lack of original signature on applicant forms | Photocopied signature is a binding act (under Uniform Commercial Code). Form can be signed on behalf of another by an authorized signer. | 11/2/2001 |
| DA 01-387 | Service Change. Change in previously funded components or types of services | FCC adopts new rules for permissible service changes. | 2/13/2001 |
| DA 01-506 | Appeal Process. Amendment of application after denial | Applicant cannot amend application upon appeal after funding has already been denied. | 3/7/2001 |
| DA 01-586 | Eligibility: Cellular/PCS Users. Ineligibility of cellular and PCS service for non-educational purposes | Resource officers, crisis team, computer center, grounds/maintenance, food service, and warehouse employees not eligible. | 3/6/2001 |
| 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 02-1464 | Extension of time for utilizing non-recurring services funding. Request not covered by automatic extension criteria | Only FCC, not SLD, can waive extension rules if consistent with public interest | 6/21/2002 |
| DA 02-1784 | 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 | 8/6/2002 |
| DA 02-1971 | Appeal Process. Re-appeal of FCC bureau decision to full Commission | Petitions for Reconsideration allowed under certain conditions. Cannot be used to redebate issues already resolved. | 8/9/2002 |
| DA 02-2566 | Installation or Non-recurring deadline. Waiver request for deadline extension | Approved based on scope of project and late funding | 10/8/2002 |
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