SLC Releases Procedure for Post-Commitment Appeals
Message Posted June 29, 1998
The SLC web site today has posted the appeal procedures to which a school or library can follow when they disagree with a decision rendered in an E-rate Funding Commitment Letter. Several schools and libraries have been awaiting these appeal procedures as they disagree with a funding denial or with the percentage discount finally calculated by the SLC.
If you believe that any part of your funding commitment letter is inaccurate or unjustified, I strongly urge you to file an appeal. I have been receiving about a call a day from schools and libraries that have encountered unjustified denials. Some examples have included:
*Letters say the school didn't post a Form 470 when they actually did.
*Letters say the school didn't wait the mandatory 28 days when they actually did.
*Letters provide a lesser discount than which the school filed and deserves.
*Letters say a request is denied because the number is unpublished.
If you already have sent a letter to the SLC before these formal appeal procedures were available, they're asking that you NOT send another letter. It's my personal opinion, however, that it can't hurt, particularly if you mailed it to a different address or didn't include all of the information that they are requesting. You also may want to consider providing a copy of your appeal letter to certain elected officials that may want to weigh-in on your behalf, especially if the appeal is for a substantial amount of money.
Also, from now on, the SLC refers to themselves as the SLD because of the FCC's recent decision to make the SLC a division of USAC, the Universal Service Administrative Company.
-- Julie
From the SLC....
What can you do if you disagree with the decisions rendered in a Funding Commitment Decisions (FCD) Letter issued by the Schools and Libraries Division (SLD, formerly known as SLC)? This document describes the procedure for challenging or disputing a funding commitment decision.
PLEASE NOTE: If you have already sent the SLD a letter of appeal, please do not send another letter. Your appeal letter will be processed by the SLD.
If you disagree with a funding decision, you have two options:
1. Write to the SLD and tell us why you disagree with the FCD Letter and what outcome you request. This is known as a "letter of appeal."
OR
2. Write to the Federal Communications Commission (FCC) to tell why you disagree with the SLD’s decision letter. While you may write directly to the FCC without first presenting your appeal to the SLD, you are encouraged to write first to the SLD so we have an opportunity to review your appeal and grant it, if appropriate.
If you write a letter of appeal and submit it to the SLD, the SLD will review your letter and respond to it in writing. The SLD will explain whether it agrees with your letter of appeal and whether it can approve your requested outcome. If you disagree with the SLD, then you may file an appeal with the FCC within 30 days of the date that the SLD issued its decision in response to your appeal.
To submit a letter of appeal to the SLD:
1. Write a letter and submit it by mail to the SLD so that it is received no later than 30 days after the date your FCD Letter was issued. Appeals submitted by fax, phone call, and e-mail CANNOT be processed. Mail your letter of appeal to: Letter of Appeal, Schools and Libraries Corporation, Box 125-Correspondence Unit, 100 South Jefferson Road, Whippany, NJ 07981. Letters of appeal that are received more than 30 days after the date of issuance of the FCD Letter will be processed in the order received, and if you disagree with the SLD’s response, then you may have waived your right to seek further recourse about your appeal.
2. 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 with us.
3. Identify which FCD Letter you are appealing. Your letter of appeal must include the applicant name, the Form 471 application number and the Billed Entity Number from the top of your FCD Letter.
4. Identify the particular Funding Request Number that is the subject of your appeal. In your FCD Letter, the SLD responded to each request for service that you included on a separate line of your Form 471, and assigned each of these services a Funding Request Number. The Funding Request Number is featured in the synopsis of SLD’s decision on that funding request in your FCD Letter. (If your application was wholly rejected on the grounds that you are an ineligible applicant, you need not refer to any Funding Request Numbers in your letter of appeal.)
5. Explain your appeal to the SLD. When explaining your appeal, include the precise language or text from the Funding Commitment Decisions Letter that is at the heart of your appeal. By pointing us to the exact words that give rise to your appeal, the SLD will be able to more readily understand and respond appropriately to your appeal. Please keep your letter brief and to the point, and provide documentation to support your appeal.
To submit a letter of appeal to the FCC:
(a) Except as otherwise provided herein, a request for review of an Administrator decision by the Federal Communications Commission shall be filed with the Federal Communications Commission's Office of the Secretary in accordance with the general requirements set forth in Part 1 of the Federal Communications Commission's rules, 47 CFR 1. The request for review shall be captioned "In the matter of: Request for Review by [name of party seeking review] of Decision of Universal Service Administrator" and shall reference FCC Docket Nos. 97-21 and 96-45.
(b) A request for review pursuant to ß 54.719(a)-(c) shall contain: (i) a statement setting forth the party's interest in the matter presented for review; (ii) a full statement of relevant, material facts with supporting affidavits and documentation; (iii) the question presented for review, with reference, where appropriate, to the relevant Federal Communications Commission rule, Commission order, or statutory provision; (iv) a statement of the relief sought and the relevant statutory or regulatory provision pursuant to which such relief is sought.
(c) A copy of a request for review that is submitted to the Federal Communications Commission shall be served on the Administrator consistent with the requirement for service of documents set forth in 47 CFR ß 1.47.
(d) If a request for review filed pursuant to 47 C.F.R. ß 54.720(a)-(c) alleges prohibitive conduct on the part of a third party, such request for review shall be served on the third party consistent with the requirement for service of documents set forth in 47 CFR 1.47. The third party may file a response to the request for review. Any response filed by the third party shall adhere to the time period for filing replies set forth in 47 CFR 1.45 and the requirement for service of documents set forth in 47 CFR 1.47.
Julie L. Tritt
Executive Policy Specialist
Office of Educational Technology
Pennsylvania Department of Education
333 Market Street, 10th Floor
Harrisburg, PA 17126
Tel: (717) 705-4486
Fax: (717) 787-7222
00jtritt@psupen.psu.edu
www.L2L.org
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