Major New SLD Error Correction Procedures
Message Posted July 27, 2006
~ Please Read Carefully ~
Last week all E-rate applicants received a generic letter from the SLD entitled, “Remand Correction Deadline Letter” dated July 14, 2006 regarding procedures for correcting errors under the new Bishop Perry guidelines. This listserve message attempts to distill the SLD’s guidance, let you know if you are affected, and what you should do if you are affected. Make no mistake -- this is a turning point in the E-rate program and should result in MANY fewer denials for this year and every year hereafter. The most common denial reason -- competitive bidding violations -- is not covered under the BP Order, so be sure that your 470 and the bidding process continue to be flawless.
Background:
On June 2, 2006, a message was sent to the PA E-rate listserve regarding the FCC’s groundbreaking “Bishop Perry” Order (FCC 06-54)(“BP Order”) which provides new flexibility for procedural and ministerial errors, and granted once-thought-hopeless appeals for nearly 200 applicants. In that Order, the FCC directed SLD to allow all applicants – in addition to those specifically listed in the BP Order -- to rectify procedural and ministerial errors on their Form 470, Form 471 and to file Form certifications which were not submitted by earlier-established deadlines. In the past, many of these same errors had been grounds for denial of applications.
The SLD has worked with the FCC to on the specifics of what constitutes a clerical or ministerial error and who is affected, and some of that information was referenced in the Remand Correction Letter you received, and which is outlined in several new documents on the SLD’s website: http://www.universalservice.org/sl/ under “Important Notice: Information on Bishop Perry Order.” Also, I just returned from 2 days of meetings in DC where several State E-rate Coordinators worked to gather additional information and assurances pertaining to how the Order will be implemented.
Summary:
Numerous applicants have contacted me in the last 2 weeks saying they haven’t been funded yet and have no idea if they’ve made an error on their application. Here's the high-level summary:
-- If you have not yet been funded for Year 9 (FY2006), you should look at your application now and make corrections, if you know of any, according to the instructions below. However if you don't find an error now, and a PIA reviewer finds the error, you will still have 15 days from the date that you are contacted by PIA to make a correction.
-- If you were denied for Year 9 (FY2006) and believe your denial falls within one of the now-allowable corrections listed below, you have until August 2 to make the corrections (and hopefully get your denial overturned!), regardless of whether you appealed the original denial.
A) What funding year and what applications and/or appeals can be fixed?
Basically, all applications and appeals from ANY funding year that are still pending at the SLD or FCC, AND all applications for FY 2006 - both those still pending AND those that have been decided already this year.
Applications which have been decided (received a funding commitment decisions letter) for funding years before FY 2006 (Year 9) do not automatically qualify for BP Order treatment. The only way to take advantage of and be able to fix errors from previous funding years is to appeal directly to the FCC (and request an appeal deadline waiver in the text of your appeal). If you have an appeal already pending at the FCC and SLD from a previous year, there is no need to file an additional appeal.
B) What can be corrected on the Form 470?
If you filed a Form 470 by January 19, 2006, there are two major items that can corrected:
1) A missing or late filed Form 470 certification;
2) Adjustments to your Item 17 Billed Entity List.
Note: if you did not file a Form 470 by January 19, 2006, there is no relief available.
C) What can be corrected on the Form 471? (major items in bold w/*)
- Wrong funding year listed or omitted
- Applicant name and contact information
- Service provider name and SPIN correction
- * Missing Block 6 certification and/or signature
- * Discount calculations – even if it increases the discount rate
- * Item 12 – Form 470 application number (see note below)
- Item 15b - Contract number
- Item 16 – Billing account number
- * Item 18 - Contract award date
- * Item 22 – Entities receiving service – even if it increases the discount rate
- Item 25d – Amount budgeted for ineligible services
Note: Contrary to their previous guidance, the SLD will not be reaching out to applicants that have been denied for wrong 470 issues. Instead, applicants must use this window of opportunity to proactively correct the 470 number using the error correction procedures listed below.
Also note: Form 486 errors are not included in the items that can be corrected, nor can competitive bidding violations.
D) Does it matter if my Year 9 application has been funded or denied yet?
No. Mistakes can be corrected even if an FCDL has been issued and no appeal was filed within the 60-day appeal window.
E) What is the Deadline for Submitting My Corrections?
The deadlines are as follows:
-- For applicants with applications currently in PIA review:
If the PIA reviewer detects an error on your application that could potentially be corrected, they should notify you and you will have 15 days to make the correction via the manner in which they prescribe. I recommend that you independently review your application to determine whether any of the permitted corrections under the BP Order can be made and if so, you should notify your PIA reviewer in accordance ASAP and also submit the corrections to the address listed below.
-- For Form 471 applications not yet in PIA review:
Applicants will have 15 days from the date that they are contacted by PIA staff to make corrections.
-- If you are unavailable during the summer (i.e., if PIA cannot make a successful two-way contact):
Applicants will have 15 days beginning on September 12, 2006 to submit your corrections. Thus, your deadline is on or before September 26, 2006.
-- If you have already received your Year 9 funding commitment letter:
Applicants will have 15 days beginning on September 12, 2006 to submit corrections. Therefore your deadline is also on or before September 26, 2006.
-- If you have a pending appeal at the SLD from 2006 or any funding year:
The SLD will be contacting these appellants with instructions on how to provide additional information to show that you fall within the BP Order and you likely will have 15 days to present the information. But in the meantime, out of an abundance of caution, I suggest you submit your corrections according to the instructions below and reference your pending appeal.
-- If you have a pending appeal at the FCC from 2006 or any funding year:
The FCC likely will not be contacting appellants with instructions, but appellants that believe the fall within the BP guidelines certainly may "refresh the record" at the FCC (using the standard FCC appeal procedures) to indicate that they believe they fall within BP and providing the relevant information to back-up that fact pattern.
F) I filed my application after the Form 471 window closed or I forgot to file altogether. Can I now submit an application or does this relief apply to me?
No. This error correction opportunity is only limited to applicants who had a Form 470 posted on or before January 19, 2006 AND who submitted a Form 471 by February 16, 2006 -- even if this form failed to meet Minimum Processing Standards, was not certified, was certified outside the window, or has already been issued a Funding Commitment Decision Letter.
G) How do I make a correction?
- Make a copy of your form or certification and your denial or rejection letter (if applicable). You can use a copy of the form you originally submitted or you can print a copy of your form using the Form 471 Application Display tool in the Search Tools area of the SLD website.
- Make your corrections on the form or complete your certification.
- Submit the corrections (and/or certification and the denial or rejection letter if that was the reason for the denial) to SLD. If you prefer, you can also send in a new certification (if that's the reason for the denial).
- Be sure to include your Entity Number, Applicant’s Form Identifier, Contact Person Name, Contact Telephone Number and, if you have it, your Form 470 or 471 Application Number.
- DO NOT certify your form online, because the system will automatically send an Out-of-Window letter and the SLD may not realize that you have certified your form.
H) Where do I submit my corrections?
- Write “FCC 06-54 Corrections” at the top of every page to clearly identify your request.
- Write your Form 470 or Form 471 Application Number at the top of every page.
- Submit your request as follows:
Via e-mail: FCC06-54corrections@sl.universalservice.org (Scan your submission, preferably in TIF file format with a file size less than 10 Megabytes)
Via fax: (973) 599-6526 (Write the number of pages on your cover sheet)
Via mail:
FCC 06-54 Corrections
Schools and Libraries Division — Correspondence Unit
100 South Jefferson Road
P.O. Box 902
Whippany, New Jersey 07981
Although this FCC decision will provide relief for some applicants both now and in the future, I realize its implementation is a bit confusing. If you have any questions about whether your situation fits into the BP allowable corrections, please e-mail me at jtschell@comcast.net.
Julie Tritt Schell
jtschell@comcast.net
www.e-ratepa.org
(717) 730.7133 (voice)
(717) 730.9060 (fax)
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