The Importance of Correctly Filing Your FCC Appeal
The FCC's last streamlined appeal order in 2015 raised the procedural bar for schools, libraries and service providers filing appeals with the FCC.
In its December 2015 Public Notice, the FCC, for the first time, dismissed E-rate appeals that did not follow its procedural filing requirements, even though the requirements are not new. Previously, the only procedural requirements typically enforced for E-rate were the filing deadlines mandated by FCC rules. However, the Commission signaled it might start cracking down on filing requirements when it released a PN in 2014 reminding filers of its filing requirements.
While it may be a little more work upfront for those appealing USAC decisions, the enforcement of FCC filing standards should ultimately result in faster decisions from the FCC. Including the required information and a clear statement of the issues and facts involved will speed the FCC's review of your appeal.
The appeal must contain:
- A statement setting forth the party’s interest in the matter presented for review;
- A full statement of relevant, material facts with supporting affidavits and documentation;
- The question presented for review, with reference, where appropriate, to the relevant Commission rule, order or statutory provision; and
- A statement of the relief sought and the relevant statutory or regulatory provision pursuant to which relief is sought.
While the Wireline Competition Bureau did not appear to prohibit the dismissed appeals from being refiled (the appeals were not dismissed “with prejudice,” which means they cannot be filed again), it is likely the Bureau will consider the refiled appeals late if they are submitted past the original 60-day deadline. And, typically, the Bureau has not often waived the rule requiring an appeal be filed within 60 days.
Appeals also must also be captioned properly, contain the correct docket number, and must meet the Commission’s general filing requirements. In addition, parties must serve a copy of the appeal on USAC at Appeals@sl.universalservice.org.
These decisions emphasize the importance of following Commission rules for the filings, in addition to simply filing by the deadline. Using an experienced FCC attorney to help you file your appeal can ensure that you follow all of the requirements, saving time and effort in the long run.
-- Gina Spade
