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FCC Releases 4 Additional Large Appeal Decisions
Message Posted May 10, 2007

Continuing their recent trend of extremely applicant-friendly appeal decisions, the FCC yesterday released four new Global Resolution Orders (GROs) where nearly all appeals were granted.  Several PA schools and libraries are included -- congratulations!  Although the FCC is permitting the SLD to help applicants correct mistakes this year, denials likely will continue and if they do, you should appeal, appeal, appeal.

30% Ineligible Service Denials
PA applicants: Group A -- Colonial School District, Diocese of Greenberg Schools, Lancaster County Career & Technology Center, Reading Public Library. Group B -- Chambersburg Area School District, Mifflinburg Area School District, Tunkhannock Area School, Washington School District

Summary: The FCC granted 59 appeals and waivers where USAC had denied applications based on the 30% rule.  The Commission found that 23 appeals (group A) provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support and thus the entire application should not have been denied.  For the remaining 36 petitioners (group B), the Commission is permitting these applicants to remove the ineligible services from their original funding request to permit the eligible services to be funded (thus waiving the 30% threshold rule). 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-61A1.pdf

30% Ineligible Entity Denials
No PA Applicants included.

Summary:  The FCC granted 17 appeals where USAC had denied applications because applicants were either ineligible for discounts or because more than 30% of the funding requests were for ineligible entities. 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-62A1.pdf


Lack of Funding to Pay for Non-Discounted Share or Effectively Use Requested Services
PA applicants: Glen Mills School, Kids Peace National Center, Preparatory Charter School.

Summary:  The FCC granted 56 appeals where USAC denied requests because applicants had failed to demonstrate access to the resources required to effectively use the requested eligible services or to pay their non-discounted share for the services.  Specifically, they found that the petitioners either provided sufficient evidence to demonstrate they had the resources to make effective use of the requested eligible services or they should have an additional opportunity to provide the documentation to USAC.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-60A1.pdf

Clerical Errors Related to 28-Day Violations
PA Applicants:  Bethlehem Area Public Library, B.F. Jones Memorial Library Aliquippa District Library Center, Philadelphia-Montgomery Christian Academy, United School District

Summary:  The FCC granted 62 appeals and denied one appeal where USAC applicants had either inserted the wrong contract date on the contract or 471, listed the wrong classification of service, signed a contract before the 28-day waiting period was over, listed the wrong Form 470 number on their Form 471, or did not indicate that they were seeking a multi-year contract or a contract with a voluntary renewal provision when they posted the Form 470. 

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-63A1.pdf


Julie Tritt Schell


717-730-7133 - o
717-730-9060 - f
jtschell@comcast.net
www.e-ratepa.org
Penn*link

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