Low Income

Filing Appeals

Instructions for appealing High Cost and Low Income decisions regarding support disbursements and recovery of payments.

USAC recognizes that some eligible telecommunications providers will disagree with its decisions. As is the case with any administrative decision made by USAC, affected parties to decisions made by USAC on billing, collection, or disbursement matters can seek an appeal of those decisions from the appropriate USAC division (in this case, the High Cost and Low Income Division (HCLID)), or directly with the Federal Communications Commission (FCC). The procedures for filing an appeal with USAC or the FCC are outlined below.

Any appeal must be filed within 60 days of the issuance of the decision from USAC and must be postmarked within 60 days of that date.  Pursuant to FCC rules, failure to meet this requirement will result in automatic dismissal of the appeal. See Sections 54.719 to 54.725 of the FCC's rules for the details associated with filing an appeal.


There are two appeal options:

A. Write a Letter of Appeal to USAC explaining why you disagree with HCLID's decision and what outcome you request, OR

B. Write an appeal directly to the Federal Communications Commission (FCC) - skipping Option A - explaining why you disagree with the HCLID's decision.  While you may write directly to the FCC without first presenting your appeal to the HCLID, you are encouraged to write to USAC first. That way USAC has an opportunity to resolve your appeal and grant it, if appropriate.

 

OPTION A - FILE AN APPEAL WITH USAC

Please follow these guidelines when submitting a Letter of Appeal to USAC:

  • Write and mail your letter to:
    Letter of Appeal
    High Cost and Low Income Division
    Universal Service Administrative Company
    2000 L Street NW, Suite 200
    Washington, DC 20036
    USAC will acknowledge the receipt of your Letter of Appeal via mail and inform you that it expects to respond within 90 days.
  • Appeals also may be submitted to USAC electronically, by fax, or by e-mail. E-mails can be submitted in any commonly used word processing format. Appeals to USAC filed by fax must be faxed to 202-776-0080. HCLID staff will acknowledge receipt of your appeal via mail or e-mail, as appropriate. Appeals submitted by e-mail will be considered filed on a business day if they are received at any time before 12:00 a.m. (midnight), Eastern Standard Time. Similarly, fax transmissions will be considered filed on a business day if the complete transmission is received at any time before 12:00 a.m.
  • Please provide necessary contact information. List the name, address, telephone number, fax number, and e-mail address (if available) of the person who can most readily discuss the appeal with USAC.
  • Identify the Carrier Name, Study Area Code, and the decision being appealed.
  • Explain the appeal to USAC. Please keep your letter brief and to the point. It must identify a problem and why it is being appealed. HCLID support decisions are made by applying non-discriminatory program rules to information submitted by providers, so a letter simply stating, "We appeal the amount of support" provides no information that could lead to a different decision. Please review the information you submit and explain precisely what alternate decision you believe USAC should have reached using that information, within program rules. Please provide documentation to support your appeal.
  • Unless you are filing the appeal via e-mail, you must attach a photocopy of the decision or letter of denial you are appealing.
  • HCLID management will review all Letters of Appeal and respond in writing within 90 days of receipt of the appeal. The response will either grant the appeal or will explain why the appeal was not granted.

OPTION B - FILE AN APPEAL DIRECTLY WITH THE FCC

A telecommunications provider also may file an appeal directly with the Federal Communications Commission (FCC) of a USAC decision or if the provider disagrees with the USAC's response to a Letter of Appeal.

The provider must file its appeal to the FCC within 60 days of the date of the USAC decision.

The FCC address to which a provider may direct its appeal is:

Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Room TW-A325
Washington, DC 20554
Documents sent by Federal Express or any other express mail should use the following address:
Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743
(8AM - 5:30PM ET)
For hand-delivered or messenger-delivered items use the following address:
Federal Communications Commission
Office of the Secretary
236 Massachusetts Avenue, NE, Suite 110
Washington, DC 20002
(8AM - 7PM ET)

For security purposes, hand-delivered or messenger-delivered documents will not be accepted if they are enclosed in an envelope. Any envelopes must be disposed of before entering the building. Hand deliveries must be held together with rubber bands or fasteners.

Appeals may also be submitted to the FCC electronically, either by the Electronic Comment Filing System (ECFS) or by fax. The FCC recommends filing with the ECFS to ensure timely filing. Instructions for using ECFS can be found on the ECFS page of the FCC web site . Appeals to the FCC filed by fax must be faxed to 202-418-0187. Electronic appeals will be considered filed on a business day if they are received at any time before 12:00 a.m. (midnight), Eastern Standard Time. Fax transmissions will be considered filed on a business day if the complete transmission is received at any time before 12:00 a.m.

Important note.  Please be sure to reference CC Docket No. 96-45 on all communications with the FCC.  The appeal transmission, whether electronic or paper, must also provide your company's name and study area code, plus necessary contact information including name, address, telephone number, fax number, and e-mail address of the person filing the appeal.  Unless the appeal is made electronically via ECFS, please include a copy of the USAC letter being appealed.


Last modified on 2/29/2008