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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-06-244A1 | Clerical Errors by Applicant | Strict adherence to procedures, resulting in denials for unintentional clerical errors, conflicts with statutory program goals. | 12/30/1899 |
| 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 |
| FCC 99-213 | FCC Appeal Process. 90 day review period | FCC can extend review period an additional 60 days. | 8/10/1999 |
| FCC 99-216 | 470: Competitive Bids. Complaint by losing vendor re. price | Denied: Lowest priced bid need not be selected. | 8/11/1999 |
| FCC 99-216 | Eligibility: WANs. Ineligibility of purchased facilities | High installation, low recurring, charges might be deemed "purchase". | 8/11/1999 |
| FCC 99-216 | Service Classification (Internet Access). Hubs/servers/routers as Internet Access service component | In special cases, hubs, routers, and servers may be part of Internet access, not Internal Connections. | 8/11/1999 |
| 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 99-2079 | Eligibility: Telecom. Eligibility of telecom facilities not yet constructed | Approved: Facilities not yet constructed may be considered "commercially available." | 10/5/1999 |
| DA 99-2098 | Service 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. | 10/6/1999 |
| DA 99-2140 | Eligibility: PBXs. Eligibility/ineligibility of PBX components | Phones, modems, messaging service equipment ineligible. | 10/8/1999 |
| DA 99-2141 | Discount Rate. Use of primary school eligibility data to estimate high school eligibility | Denied: "Feeder school" estimate is an unacceptable methodology. | 10/8/1999 |
| FCC 99-268 | Eligibility: Telecom. Telecommunications services provided by non-carrier | Only eligible carriers can provide telecom services. | 10/8/1999 |
| FCC 99-291 | Funding Errors. Funds committed in error for PY1 | Reversed funding based on statutory violations; upheld funding based on rule errors. | 10/8/1999 |
| FCC 99-292 | Funding Errors. Funds committed in error for PY1 | Reversed funding based on statutory violations; upheld funding based on rule errors. | 10/8/1999 |
| DA 99-2219 | Appeal Deadline. SLD appeal received after deadline | Denied (one of many). | 10/18/1999 |
| DA 99-2284 | PIA Review Process. Timely response to SLD request for supporting information | Applicants must respond within reasonable time period or risk potential denial. | 10/22/1999 |
| DA 99-2389 | Appeal Process. Simultaneous appeal to SLD and FCC | FCC appeal dismissed. Pending appeal to SLD should be processed first. | 11/1/1999 |
| DA 99-2408 | 470: Competitive Bids. Complaint by losing vendor re. RFP | Denied: No E-rate requirement for public RFP. | 11/2/1999 |
| DA 99-2485 | Eligibility: Telecom. Telecommunications services provided by non-carrier | Only eligible carriers can provide telecom services. | 11/9/1999 |
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