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Administrative Procedure:
Standard of review for appeals by the Administrator.
Further Detail:
Appeals may be granted under limited circumstances. Specifically, there are three circumstances when appeals may be granted by USAC, assuming that no other issues are identified during review 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.
2. When the applicant provides USAC with information and/or documentation it did not provide when the original request was made. If applicants did not provide a reason why the information was not previously submitted, the appeals reviewer will reach out to the appellant and request an explanation prior to proceeding with review of the new information and/or documentation submitted.
USAC will generally accept new information on appeal, even if the applicant was given the opportunity to provide the information during the original review of the application and the applicant did not respond to USAC inquiries at that time. USAC will accept the new information submitted on appeal and review the entire record as appropriate.
However, USAC will NOT grant an appeal if the documentation provided on appeal contradicts information contained in the original file and the applicant is unable to resolve the discrepancy.
USAC will also NOT accept new information on appeal if the documentation submitted is not the documentation that was originally provided and it is apparent that the documentation was created to respond to a USAC request during the appeal process.
3. When USAC obtains policy clarification or new policies impact the original decision. If 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 modified policy(ies).
USAC can grant an appeal request 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 ground for denial is not appealed or the appellant unsuccessfully challenges USAC’s original decision, the appeal will be denied. All funding request denial reasons must be overcome on appeal for USAC to fund the Funding Request Number(s) (FRN(s)).
While the appeal may be filed directly with the FCC, without first being presented to USAC, the appellant is encouraged to appeal with USAC first so that USAC has an opportunity to resolve the appeal and grant it, if appropriate. The FCC will dismiss the appeal if an appeal is also filed concurrently with USAC for review of the same USAC decision that is requested by the same party(ies)). Note that this guidance only applies to situations where an applicant is appealing a final USAC decision and not to situations where an applicant is requesting a waiver of FCC rules or regulations. USAC is prohibited from granting waivers and such requests must be directed to the FCC.
Rules that this furthers:
1. 47 C.F.R. § 54.719(a) provides that “[a]ny person aggrieved by an action taken by a division of the Administrator” may appeal that action to the appropriate Committee of the Board. The rules do not specify the standard of review for appeals of Administrator decisions.
2. 47 C.F.R. § 54.500 et seq., sets forth the Commission’s rules governing the Schools and Libraries program.
How this furthers program integrity:
Sets forth standards for granting appeal decisions and for accepting new information on appeal.