Program Integrity

Appeals

USAC recognizes that some Schools and Libraries Program participants will disagree with its decisions regarding funding commitments and disbursements. As is the case with any action taken by USAC, affected parties might appeal USAC's decision(s) regarding billing, collection, or disbursement to USAC or directly to the Federal Communications Commission (FCC).

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

Waiver Requests

A waiver is a request to waive an FCC policy, rule, or deadline such as the FCC Form 471 application filing window deadline. For example, if you missed the filing deadline for FCC Form 471 because of extenuating circumstances, USAC cannot waive the deadline but you can ask the FCC to waive the rules in your case by filing a waiver request with the FCC. To file a waiver request, follow the instructions for Option B below. Please note that waivers are not granted often: only in special circumstances and when a deviation from the rules would serve the public interest. The waiver standard generally requires a showing of circumstances that could not be avoided even with careful planning.

OPTION A - File an Appeal with USAC

In your letter of appeal to USAC, please remember the following:

• Provide detailed contact information.
  At a minimum your letter must include:
  Appellant/Organization Name
  Contact Person Name
  Contact Mailing Address (Street/PO Box, City, State, Zip Code)
  Contact Phone Number
  If available, fax and email address

• Identify which USAC action you are appealing.
  Note the title of the document containing the USAC action you are appealing, the relevant Funding Year, and the date of the document. State that your letter is an "appeal." Your letter of appeal must also include the Billed Entity and/or service provider names if different from appellant, the Billed Entity Number(s) (BEN) and Service Provider Identification Number(s) (SPIN), and, if available, the relevant form or application number and Funding Request Numbers (FRNs).

• Explain your appeal and include copies of all relevant documentation.
  Please provide as much detailed information as possible. When explaining your appeal, copy the language or text from the decision that is at the heart of your appeal to allow USAC to more readily understand your appeal and respond appropriately. Please keep your letter to the point, and provide documentation to support your appeal. Be sure to keep copies of your correspondence and documentation.

• Provide an authorized signature on your letter of appeal when you file your appeal by mail, by express delivery service, by hand delivery, or by facsimile.
  When you file your appeal, you must include the name, title, telephone number, and, if available, email of the authorized person.

Please note: The more detail you provide in your letter of appeal, the easier it will be for USAC to respond. However, USAC will carefully review your appeal and consider all the documentation you have submitted that relates to the decision you are appealing. For further guidelines, see the appeals guidelines.

If you are the applicant please provide a copy of your appeal to your service provider(s). If you are the service provider please provide a copy of your appeal to your customer(s).

Submit by U.S. Mail:

Letter of Appeal
Schools and Libraries - Correspondence Unit
30 Lanidex Plaza West
PO Box 685
Parsippany, NJ 07054-0685

Submit by Email:

Appeals submitted by email must be sent to appeals using your organization's email account. Appeals submitted by email will be considered "postmarked" on a business day if they are sent from the sender's computer at any time up to 12:00 AM (midnight) in the sender's local time zone. Appeals submitted after that time will be considered "postmarked" on the next business day.

Documents submitted by email can be in any widely used word processing format, such as PDF, Microsoft Word, or WordPerfect. USAC will automatically reply to incoming emails to confirm receipt. You are advised to keep a copy of this email confirmation for your records. This email address can only be used for appeals.

Submit by Fax

Appeals submitted by fax must be sent to (973) 599-6542. The fax transmission should include a cover sheet listing:

• contact name
• phone number
• email address

Fax transmissions will be considered "postmarked" on a business day if the complete transmission is sent from the sender's fax machine by any time up to 12:00 AM (midnight) in the sender's local time zone. Appeals submitted after that time will be considered "postmarked" on the next business day. You are advised to keep a copy of your fax confirmation sheet for your records.

OPTION B - File an Appeal with the FCC

A program beneficiary may appeal a USAC action or decision, or USAC's response to the beneficiary's Letter of Appeal directly with the FCC. The program participant must file its appeal to the FCC within 60 days of the date of the USAC decision.

Please note that in the past, the FCC has dismissed appeals filed at a time while the appeal was under review with USAC. You can file an appeal with the FCC instead of USAC or after USAC has issued its decision on an appeal request.

• Indicate CC Docket No. 02-6 on the first page of your appeal.
  If you are submitting a letter of appeal requesting review of a decision made by USAC, please use the language "Request for Review" on the first page.
• If you are filing a request for a waiver of a deadline, please use the language "Request for Waiver" or "Waiver Request," so that it is clear what you request.
• If you are alleging prohibited conduct by a third party, there are additional rules for serving a copy on that third party and allowing them to respond, consult Section 54.721 of the FCC's rules.

USPS Delivery:

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554

FedEx (or other express delivery services):

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743
(8:00 AM - 5:30 PM ET)

Hand or messenger delivered:

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
c/o Natek
236 Massachusetts Avenue, NE, Suite 110
Washington, DC 20002
(8:00 AM - 7:00 PM 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.

Electronic Delivery:

Appeals may also be submitted to the FCC electronically using the Electronic Comment Filing System (ECFS). 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 website. Electronic appeals will be considered filed on a business day if they are received at any time before 12:00 AM (midnight), Eastern Time.