• Applicants
  • Step 1: Determine Eligibility
  • Step 2: Develop a Technology Plan
  • Step 3: Open a Competitive Bidding Process
  • Step 4: Select a Service Provider
  • Step 5: Calculate the Discount Level
  • Step 6: Determine Your Eligible Services
  • Step 7: Submit Your Application for Program Support
  • Step 8: Undergo Application Review
  • Step 9: Receive Your Funding Decision
  • Step 10: Begin Receipt of Services
  • Step 11: Invoice USAC
• Service Providers
  • Step 1: Obtain a Service Provider Identification Number
  • Step 2: Search Applicant Requests for Service
  • Step 3: Respond to Applicant Requests
  • Step 4: Applicants Select Service Provider
  • Step 5: Assist Applicants with Application Review
  • Step 6: Receive Funding Commitment Decision Letter
  • Step 7: Begin Providing Services
  • Step 8: File Annual Certification
  • Step 9: Invoice USAC

About the Schools and Libraries Program:

• Overview of the Program
• Overview of the Process
• Outreach and Training
• Site Visits
• Filing Appeals
• Understanding Audits

Schools and Libraries Tools:

• Apply Online
• Commitments
• Submit a Question
• Latest News
• Calendar/Reminders
• Required Forms
• Reference Area
• Search Tools
• Changes and Corrections
• Suspensions and Debarments
• Program Compliance - Whistleblower Hotline
• Submitting A Complaint

Guidelines for Appeals Filed with USAC

USAC can grant appeals of its decisions under limited circumstances.

Appeals of USAC's decisions in the Schools and Libraries Program are reviewed in accordance with Federal Communications Commission rules. There are three circumstances when timely filed appeals can be granted by USAC, assuming no other issues are identified during the appeal review process that would support a denial:

1. When the appeal makes clear that USAC erred in its initial review
   During the appeal review process, USAC will verify that the original Program Integrity Assurance (PIA) review was performed in compliance with program requirements and that the correct decision was achieved. If USAC made an error during the original PIA review of the application, USAC will correct the error.
   
   For example, during PIA review, USAC lowered the discount rate requested by the applicant. During the appeal review process, USAC will determine if the proper procedures were followed and whether the applicant was given the opportunity to provide supporting documentation to justify the higher discount rate. If the appeal review process determines that procedures were not followed and the applicant was not given an opportunity to provide that documentation, the applicant will be able to do so before the appeal review process has concluded. USAC will grant the appeal and approve the discount rate based on the supporting documentation available.
   
   
2. When the applicant provides USAC with information and/or documentation it did not provide when the original request was made.
   In general, a PIA reviewer will contact the applicant and ask for all information necessary to make decisions about an application. If that contact does not occur or the applicant is unable to respond to the request, and funding is denied, USAC may grant an appeal when the appellant provides such original documentation.
   
   For example, during PIA review, the applicant indicated that it did not have a signed contract and USAC denied funding because there was no signed contract. On appeal, the applicant claims that the requested services are services provided under tariff and not covered by a contract. USAC will generally accept this new information on appeal.
   
   However, USAC will NOT grant this appeal if the documentation provided on appeal contradicts information contained in the original file and the applicant is unable to resolve the discrepancy. For example, if the applicant had provided an unsigned copy of a contract during the review of its application, USAC will generally not accept the applicant's claim on appeal that it is a non-contractual tariffed service since it contradicts the documentation previously provided.
   
   
3. When USAC obtains policy clarification or new policies impact the original decision
   If the FCC issues a policy clarification or adopts a new policy that would affect USAC's original decision, applicants who submitted a timely appeal may be given the benefit of the new or changed policies.
   
   For example, in the May 2006 Bishop Perry Order the FCC directed USAC to allow applicants to correct certain Ministerial and Clerical Errors that previously were not correctable. USAC applied this new policy guidance to all pending appeals.
   
   However, not all policies apply retroactively.
   
   For example, in the April 2003 Second Report and Order, the FCC directed USAC to consider voice mail eligible starting in Funding Year 2004 (7/1/04-6/30/05). Since that policy change went into effect for a specific funding year, it was not applied to appeals or applications from previous funding years.
   
   

USAC will generally accept new information on appeal consistent with these guidelines. If the appellant submits new information on appeal which contradicts information currently in the file, USAC will give the appellant an opportunity to resolve the differences. However, if the appellant is unable to resolve the differences, USAC will not accept the new information submitted on appeal.

USAC will not accept new information on appeal if it is apparent that the documentation submitted is not the original documentation and was instead, created in response to a USAC request during the appeal review.

USAC also may not accept new information on appeal if it is clear that the applicant was not working with USAC in good faith. For example, if the applicant refused to provide the documentation during the original review of the application or did not respond to USAC inquiries, USAC may not accept the new information submitted on appeal.

Finally, it is important to understand that USAC can grant an appeal assuming no other issues are identified during the appeal review that would lead to a denial. If, on appeal, the basis for a funding denial is successfully refuted, USAC must examine all remaining aspects of the funding request to ensure that all program rules were met. If another reason for denial is not appealed or the appellant does not present a successful argument to USAC's original decision, the appeal will be denied. All funding request denial reasons must be overcome on appeal for USAC to fund the FRN.

If USAC makes a new decision to deny funding, the appellant will have 60 days from the date of USAC's decision letter to file a new appeal with the FCC. For more information on filing appeals, see Appeals Procedure.