Schools and Libraries
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:
Appeals Procedure
USAC recognizes that some Schools and Libraries Program (Program) participants will disagree with its decisions regarding Schools and Libraries funding commitments and disbursements. 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 USAC or directly with the Federal Communications Commission (FCC). The procedures for filing an appeal with USAC or the FCC are outlined below.
You may file an appeal with USAC or directly with the FCC.
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.
Waiver Requests. A waiver is a request to waive an FCC policy, rule, or deadline such as the Form 471 application filing window deadline. For example, if you missed the filing deadline for 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.
There are two appeal options:
A. Write a Letter of Appeal to USAC explaining why you disagree with its decision and what outcome you request, OR;
B. Write an appeal directly to the Federal Communications Commission (FCC) explaining why you disagree with USAC's decision and what outcome you request.
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
Schools and Libraries Division - Correspondence Unit
100 S. Jefferson Rd
P.O. Box 902
Whippany, NJ 07981Appeals may also be submitted electronically, either by electronic mail (email) or by fax.
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 a.m. (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 Adobe Portable Document Format (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.
Appeals submitted by fax must be sent to 1-973-599-6542. The fax transmission should include a cover sheet listing contact name, phone number, and - if available - an 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 a.m. (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.
- Provide detailed contact information.
- 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 Name, the relevant form application and Funding Request Numbers (if available), and the Billed Entity Number.
- 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 email, if available, 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 thoroughly research your appeal and consider all the documentation you have submitted that relates to the decision you are appealing. For further guidelines, see Appeals Guidelines.
OPTION B - FILE AN APPEAL DIRECTLY WITH THE FCC
A Program participant may file an appeal directly with the FCC of a USAC decision or of USAC's response to a Letter of Appeal. The Program participant must file its appeal to the FCC within 60 days of the date of the USAC decision.
Please note that the FCC will usually dismiss an appeal if it is filed while USAC is reviewing the same appeal from you. 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 prohibitive conduct by a third party, there are additional rules for serving a copy on that third party and allowing them to respond. Consult 47 C.F.R. §54.721, which can be found in Title 47 of the Code of Federal Regulations.
The FCC address to which a program participant may direct its appeal sent by USPS is:
Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554
Documents sent by Federal Express or any other express mail should use the following address:
Marlene H. Dortch, Secretary
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:
Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
c/o Natek
236 Massachusetts Avenue, NE, Suite 110
Washington, DC 20002
(8AM - 7PM ET)
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 a.m. (midnight), Eastern Standard Time.
Important note. Please be sure to reference CC Docket No. 96-45 and CC Docket No. 02-6 on all communications with the FCC. The appeal transmission, whether electronic or paper, must also provide your company's name, the Billed Entity Name, the relevant form application number (if available), and the Billed Entity Number plus necessary contact information including name, address, telephone number, fax number, and email 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.
