Appeal Deadlines Extended to 60 Days
Message Posted February 8, 2002
Appeals now may be Faxed, E-mailed, or Mailed
1) After years of urging and likely as a result of the mail problems associated with recent terrorist events, the FCC has adopted a new appeals procedure for appeals to both the FCC and SLD. Applicants now have 60 days from the commitment letter date (or any decision date) to file appeals with the SLD or FCC. Also, appeals now can be faxed, emailed, or mailed to the SLD or FCC.
Information on filing appeals is listed below.
2) If you were one of the applicants who mailed an appeal to the SLD or FCC between Sept. 11 and November 28, you MUST resubmit your appeal with a statement indicating that it is to replace an appeal that was filed between those dates. Those resubmissions must be delivered to the SLD or FCC by February 26, 2002. Apparently, thousands of pieces of mail never got delivered to the FCC because of the contamination threat.
Appeals Procedure (to replace existing appeal directions in E-rate binders)
If you wish to appeal a decision of the Schools and Libraries Division (SLD), you may do either so by writing a letter of appeal to the SLD or to the Federal Communications Commission (FCC). A description of what you need to include and how to file such letters appears below.
Your appeal must be filed with the FCC or the SLD within 60 days of the date of the SLD decision you are appealing. Your appeal must be RECEIVED by the SLD or the FCC no later than 60 days after the date of the SLD decision. Do not send an appeal to both entities at the same time. As a general rule, they encourage you to send all appeals to the SLD, regardless of their nature. In reality, the SLD only has authority to make decisions on processing errors and not on matters related to policy. Therefore, use the following list to determine which entity you should send your appeal to:
SLD
Lost applications
Data entry mistakes
PIA processing errors
FCC
Disputes resulting from SLD appeal denial
Changes in policy
Most matters that involve any level of authority
If you first appeal to the SLD, and disagree with SLD's response to your appeal, you may file an appeal with the FCC within 60 days of the SLD’s decision.
If you disagree with the FCC’s response to an appeal, you may then file a "petition for reconsideration" within 30 days of the date the FCC’s decision. Petitions for reconsideration are excluded from the 60-day deadline since they must, by statute, be filed within 30 days. For details on how to submit petitions for reconsideration, consult 47 C.F.R. §1.106, which can be found in Title 47 of the Code of Federal Regulations.
You can look at FCC orders relating to both appeals and waiver requests at the FCC web site’s Appeals Page
Appeals Filed Directly with the SLD
A. How to prepare your letter of appeal:
Provide your contact information.
Please list the name, address, telephone number, fax number, and e-mail address (if available) for the person who can most readily discuss this appeal.
Identify which SLD action you are appealing.
Note the title of the document containing the SLD action you are appealing, the relevant Funding Year, and the date of the document. For letters appealing a Funding Commitment Decision Letter, you must include the applicant name, the Form 471 Application Number, and the Billed Entity Number from the top of your Funding Commitment Decision Letter. State outright that your letter is an "appeal."
Identify the particular Funding Request Number, whenever applicable, that is the subject of your appeal.
For example, in a Funding Commitment Decision Letter (FCDL), the SLD responds to request(s) for service that you included on Form 471 Block 5 Funding Request(s). The Funding Request Number assigned to each Form 471 Block 5 Funding Request is featured in the synopsis of the SLD’s decision on that Funding Request in your FCDL. If your application was wholly rejected on grounds related to the entire application (e.g., that you represent ineligible entities), you need not refer to any Funding Request Numbers in your letter of appeal.
Explain your appeal and include copies of all relevant documentation.
When explaining your appeal, include the precise language or text from the SLD decision that is at the heart of your appeal. By pointing to the exact words that give rise to your appeal, the reviewer will be able to more readily understand and respond appropriately to your appeal. Please keep your letter to the point, and provide copies of all documentation you have to support your appeal. For example, you might want to submit copies of postal receipts or you might submit signed statements about the facts of your case from people who have direct knowledge. Be sure to keep copies of your correspondence and documentation.
Provide an authorized signature on your letter of appeal.
B. How to submit your letter of appeal:
Send letters of appeal to the following address:
By Mail
Letter of Appeal
Schools and Libraries Division
Box 125 - Correspondence Unit
80 South Jefferson Road
Whippany, NJ 07981
Appeals also may be filed electronically, either by electronic mail (e-mail) or by facsimile. Appeals submitted by electronic mail will be considered filed on a business day if they are received at the SLD at any time up to 12:00 a.m. (midnight) ET. Appeals received after that time will be considered received on the next business day. Similarly, facsimile transmissions will be considered filed on a business day if the complete transmission is received by any time up to 12:00 a.m. (midnight) ET.
By E-mail
Appeals filed by e-mail must be submitted to appeals@sl.universalservice.org Documents filed by e-mail can be submitted in any widely used word processing format, such as Adobe Portable Document Format (PDF), Word or WordPerfect. The SLD will automatically reply to incoming e-mails to confirm receipt. This e-mail address can only be used for appeals.
By Fax
Appeals filed by facsimile must be faxed to 973-599-6542. The fax transmission should include a cover sheet listing contact name, phone number, and - if available - an e-mail address.
Appeals and Waiver Requests Filed Directly with the FCC
Please note that the FCC will usually dismiss an appeal if it is filed while the SLD is reviewing the same appeal from you. You can file an appeal with the FCC instead of the SLD or after the SLD has issued its decision on an appeal request.
A. How to prepare your letter of appeal or waiver request:
Follow the guidelines for preparing a letter of appeal contained in Part A, above. In addition:
Indicate CC Docket Nos. 96-45 and 97-21 on the first page of your appeal.
If you are filing a request for a waiver of a deadline, please use the language "Request for Waiver" or "Waiver Request" of the deadline, so that it is clear what you request.
If you are alleging prohibitive conduct by a third party, there are additional rules for serving a copy on that third party and allowing them to respond. Consult 47 C.F.R. §54.721, which can be found in Title 47 of the Code of Federal Regulations.
B. How to submit your letter of appeal or waiver request:
Send items (letters of appeal and waiver requests) to the following addresses:
For items sent via United States Postal Services, including first-class mail, Express Mail, and Priority Mail, use the following address:
Federal Communications Commission
Office of the Secretary
445 - 12th Street, SW
Washington, DC 20554
For items sent via other express delivery services, use the following address:
Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743 (8:00 a.m. to 5:30 p.m. ET)
Appeals and waiver requests may also be filed electronically, either by electronic mail (e-mail) or by facsimile. Items submitted by electronic mail will be considered filed on a business day if they are received at the FCC at any time up to 12:00 a.m. (midnight) ET. Items received after that time will be considered received on the next business day. Similarly, facsimile transmissions will be considered filed on a business day if the complete transmission is received by any time up to 12:00 a.m. (midnight) ET.
By E-mail
Items filed by e-mail must be submitted to CCBSecretary@fcc.gov. Documents filed by e-mail can be submitted in any widely used word processing format, such as Adobe Portable Document Format (PDF), Word or WordPerfect. The FCC will automatically reply to incoming e-mails to confirm receipt.
By Fax
Items filed by facsimile must be faxed to 202-418-0187. The fax transmission should include a cover sheet listing contact name, phone number, and - if available - an e-mail address.
Julie Tritt Schell
Director, Office of Educational Technology
Pennsylvania Department of Education
(717) 705-4486
(717) 787-7222 - fax
www.L2L.org
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