Appeals Andrew Eisley

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AppealsAndrew Eisley

Train-the-Trainer Workshop September 24-26,
2003 Schools Libraries Division
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What is an Appeal?

• An appeal is a request, filed by an aggrieved
  party, for reconsideration of a decision made by
  the Administrator.
• An appeal cannot be filed until the Administrator
  has issued a decision letter.

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How Do I Write an Appeal?

• Identify your correspondence as an appeal.
• Provide relevant information (contact
  information, applicant name, Form number, etc.)
• Provide the text from the decision being
  appealed.
• Explain why you disagree with decision.

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How Do I Write an Appeal?

• Provide documentation to support your claim.
• Include an authorized signature.
• See the Appeals Procedure at http//www.sl.univers
  alservice.org/reference/appealsprocedure.asp for
  filing an appeal with the FCC.

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How Do I Submit an Appeal?

• Appeals to the SLD can be sent via e-mail, fax,
  or mail.
• E-mail appeals_at_sl.universalservice.org
• Fax [phone]
• Mail Letter of Appeal
• Schools and
  Libraries Division 80 South
  Jefferson Road Box 125
  Correspondence Unit
• Whippany, NJ 07981
• The FCC accepts appeals via mail, fax, or via the
  Electronic Comment Filing System (ECFS).
• The FCC recommends filing with the ECFS to ensure
  timely filing.

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What is the Deadline for Filing an Appeal?

• Appeals must be postmarked no later than 60 days
  after the date of the decision letter being
  appealed.
• Petitions for Reconsideration are excluded from
  the 60-day deadline since they must, by statute,
  be received by the FCC within 30 days of the FCC
  Decision.
• Appeals via fax and e-mail will be considered
  postmarked on a business day if the complete
  transmission is sent from the senders fax
  machine by any time up to 1200 midnight in the
  senders local time zone.

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Waiver Request Versus Appeal

• A waiver request is a request to waive an FCC
  policy, rule or deadline.
• For example an applicant missed the filing
  deadline for the Form 471 because of extenuating
  circumstances or failed to post for the services
  requested and would like the filing deadline or
  competitive bidding requirements waived.
• SLD does not have the authority to grant a
  waiver. Waiver requests should be filed with the
  FCC.

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Are You Unsure How SLD Made Its Decision?

• Examine what was requested from and submitted to
  SLD. The answer is generally in the details.
• If that does not work, explain in your appeal
  that you do not understand why the decision was
  made and state the outcome that you feel should
  have occurred.
• The SLD appeals process examines the correctness
  of the original decision, so if an error was
  made, the appeal process should correct that
  error.
• If your appeal is denied or partially approved,
  SLD will provide a detailed explanation of its
  rationale in the Administrators Decision on
  Appeal Letter (ADL).

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How Does SLD Decide Whether to Grant an Appeal on
Its Original Decision?

• SLD staff review the appeal and the applicable
  file.
• SLD grants an appeal if
• The SLD made error in its original decision.
• The applicant made a mistake in the information
  submitted to SLD, the applicant identifies the
  mistake in its appeal, and the SLDs files
  demonstrate that SLD could have identified the
  mistake.
• The applicants appeal resolves an ambiguity that
  existed in the original file.
• SLD receives new policy guidance that changes the
  original decision.
• If SLD determines that the issue on appeal should
  be granted, the SLD will examine the file to
  determine if there are any other rule violations.
  

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Correcting SLD Errors Without an Appeal

• If the SLD determines through its own review that
  a decision was made in error, the SLD will
  correct the error without the applicant filing an
  appeal.
• The error must be identified by SLD within 60
  days (the appeal window) from the issuance of the
  incorrect decision.
• The SLD will notify the applicant when a
  correctable error has been identified.
• The applicant will receive a revised FCDL in the
  next commitment run for the given funding year.

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Will New Information Submitted on Appeal be
Accepted?

• Except under limited circumstances USAC will NOT
  accept new information on appeal.
• New information will be accepted if
• The information is provided to resolve an
  ambiguity that existed in the original file.
• The information does not contradict information
  that has previously been submitted.
• The information should have been, but was not,
  requested during the PIA Review Process.

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What Happens When a Meritorious Appeal Decision
is Issued?

• Meritorious Pre-Commitment Appeals will go into
  the normal review process and will receive a
  commitment decision, via an FCDL, once the PIA
  Review was been completed.
• You will know that your appeal has entered the
  review process once you receive a Receipt
  Acknowledgment Letter (RAL).

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What Happens When a Meritorious Appeal Decision
is Issued?

• Meritorious Post-Commitment Form 471 Appeals will
  receive a revised (Appeals) FCDL.
• If the appeal relates to a funding denial, the
  Form 486 can be filed once the revised FCDL has
  been received.
• If you have appealed an approved funding request,
  the Form 486 should be filed in the same manner
  as if the request were not an appeal. If service
  has started, DO NOT WAIT for an ADL or revised
  FCDL before filing your Form 486.

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What Happens When a Meritorious Appeal Decision
is Issued?

• Meritorious appeals of a Service Start Date
  change (because of the late filing of the Form
  486) will result in a revised Form 486
  Notification Letter.
• If an Invoicing Appeal is granted, the invoice
  that was appealed should be resubmitted.

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Our Goals

• To issue high quality decisions within 90 days
  from receipt of the appeal.
• To issue revised Funding Commitment Decision
  Letters for meritorious post-commitment appeals
  decisions within 30 days from the issuance of the
  Administrators Decision Letter.

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Our Goals

• Issue Receipt Acknowledgment Letters for
  meritorious pre-commitment appeals within 30-days
  from issuance of the Administrators Decision
  Letter.
• Provide excellent customer service to our
  stakeholders.

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Second Report and Order Implications for Appeals

• The Second Order and Report changed a few rules
  affecting the appeals process
• Appeals (excluding Petitions for
  Reconsideration) are considered filed on date of
  postmark instead of date received.
• The 60-day window to file an appeal (excluding
  Petitions for Reconsideration) has been
  permanently established.
• Appeals will be funded to the extent they would
  have been had the discounts been awarded through
  the normal funding process.

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QUESTIONS