Appeals

Official SLD guidance on submitting appeals may be found at:

http://www.sl.universalservice.org/reference/AppealsProcedure.asp

 

In the E-rate program, there are two entities in which to appeal a funding commitment decision:  the SLD and the FCC.  Do not send an appeal to both entities at the same time.  The SLD only has authority to make decisions on processing errors and not on matters related to policy.  Therefore, use the following list to determine which entity you should send your appeal to:

There is a strict 60 day appeal rule which states that an appeal to the SLD or the FCC must be postmarked within 60 days of the date at the top of the funding commitment decision or subsequent appeal denial.  More than half of all appeals are immediately thrown out because applicants missed their 60-day appeal window.  Always send appeal letters with an express carrier to ensure postmark or pick-up within the 60-day window.

I. For Appeals Filed Directly with the SLD

A. How to prepare your letter of appeal:

1. Provide your contact information. Please list the name, address, telephone number, fax number, and e-mail address (if available) for the person who can most readily discuss this appeal.
   
   
2. Identify which SLD action you are appealing. Note the title of the document containing the SLD action you are appealing, the relevant Funding Year, and the date of the document. For letters appealing a Funding Commitment Decision Letter, you must include the applicant name, the Form 471 Application Number, and the Billed Entity Number from the top of your Funding Commitment Decision Letter. State outright that your letter is an "appeal."
   
   
3. Identify the particular Funding Request Number, whenever applicable, that is the subject of your appeal. For example, in a Funding Commitment Decision Letter (FCDL), the SLD responds to request(s) for service that you included on Form 471 Block 5 Funding Request(s). The Funding Request Number assigned to each Form 471 Block 5 Funding Request is featured in the synopsis of the SLD’s decision on that Funding Request in your FCDL. If your application was wholly rejected on grounds related to the entire application (e.g., that you represent ineligible entities), you need not refer to any Funding Request Numbers in your letter of appeal.
   
   
4. Explain your appeal and include copies of all relevant documentation. When explaining your appeal, include the precise language or text from the SLD decision that is at the heart of your appeal. By pointing to the exact words that give rise to your appeal, the reviewer will be able to more readily understand and respond appropriately to your appeal. Please keep your letter to the point, and provide copies of all documentation you have to support your appeal. For example, you might want to submit copies of postal receipts or you might submit signed statements about the facts of your case from people who have direct knowledge. Be sure to keep copies of your correspondence and documentation.
   
   
5. 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 by e-mail (see below), you must include the name, the title, and the telephone number of the authorized person.
   
   

B. How to submit your letter of appeal:

1. Send letters of appeal to the following address:

Letter of Appeal
Schools and Libraries Division
Box 125 – Correspondence Unit
80 South Jefferson Road
Whippany, NJ 07981

2. Appeals may also be filed electronically, either by electronic mail (e-mail) or by facsimile. Appeals submitted by electronic mail will be considered filed on a business day if they are received at the SLD at any time up to 12:00 a.m. (midnight) ET. Appeals received after that time will be considered received on the next business day. Similarly, facsimile transmissions will be considered filed on a business day if the complete transmission is received by any time up to 12:00 a.m. (midnight) ET.

 

·       Appeals filed by e-mail must be submitted to appeals@sl.universalservice.org. Documents filed by e-mail can be submitted in any widely used word processing format, such as Adobe Portable Document Format (PDF), Word or WordPerfect. The SLD will automatically reply to incoming e-mails to confirm receipt. This e-mail address can only be used for appeals.

·       Appeals filed by facsimile must be faxed to 973-599-6542. The fax transmission should include a cover sheet listing contact name, phone number, and — if available — an e-mail address.

 

II. For Appeals and Waiver Requests Filed Directly with the FCC

 

Please note that the FCC will usually dismiss an appeal if it is filed while the SLD is reviewing the same appeal from you. You can file an appeal with the FCC instead of the SLD or after the SLD has issued its decision on an appeal request.

 

A. How to prepare your letter of appeal or waiver request:

Follow the guidelines for preparing a letter of appeal contained in Section I, Part A above. In addition:

• Indicate CC Docket Nos. 96-45 and 97-21 on the first page of your appeal.

• If you are filing a request for a waiver of a deadline, please use the language "Request for Waiver" or "Waiver Request" of the deadline, 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.

 

B. How to submit your letter of appeal or waiver request:

• Send items (letters of appeal and waiver requests) to the following addresses:
  
• For items sent via United States Postal Services, including first-class mail, Express Mail, and Priority Mail, use the following address:

Federal Communications Commission
Office of the Secretary
445 - 12th Street, SW
Washington, DC 20554

• For items sent via other express delivery services, use the following address:

Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743 (8:00 a.m. to 5:30 p.m. ET)

• For hand-delivered or messenger-delivered items, use the following address:

Federal Communications Commission
Office of the Secretary
236 Massachusetts Avenue, NE, Suite 110
Washington, DC 20002 (8:00 a.m. to 7:00 p.m. ET)

If you are hand-delivering or messenger-delivering your appeal, please note the following:

·         Documents enclosed in envelopes will not be accepted. Any envelopes must be disposed of before entering the building. Hand deliveries must be held together with rubber bands or fasteners.

·          If a request for confidential treatment is clearly indicated on the first page of the filing, the staff at the filing counter will enclose the filing in a Commission envelope labeled "confidential."

2. Appeals and waiver requests may also be filed electronically, either by electronic mail (e-mail) or by facsimile. Items submitted by electronic mail will be considered filed on a business day if they are received at the FCC at any time up to 12:00 a.m. (midnight) ET. Items received after that time will be considered received on the next business day. Similarly, facsimile transmissions will be considered filed on a business day if the complete transmission is received by any time up to 12:00 a.m. (midnight) ET.
   
   

·        Items filed by e-mail must be submitted to CCBSecretary@fcc.gov. Documents filed by e-mail can be submitted in any widely used word processing format, such as Adobe Portable Document Format (PDF), Word or WordPerfect. The FCC will automatically reply to incoming e-mails to confirm receipt.

·        Items filed by facsimile must be faxed to 202-418-0187. The fax transmission should include a cover sheet listing contact name, phone number, and — if available — an e-mail address.