Appeals
Any aggrieved party that wishes to appeal a USAC decision must first file an appeal with USAC to seek review before filing an appeal with the Federal Communications Commission (FCC). Once USAC has made a decision on an appeal, the party may appeal USAC’s decision to the FCC.
Parties seeking a waiver of FCC rules (e.g., late payment fees, waiver of form deadlines) should file an appeal directly with the FCC because USAC cannot waive FCC rules.
Filing an Appeal
USAC must receive your appeal within 60 days following the date when USAC issued the decision. For example, you must appeal a Funding Commitment Decision Letter (FCDL) within 60 days of the date of the letter. See 47 C.F.R. § 54.719(b) for the FCC’s rules on filing an appeal.
What to Include in an Appeal
The following information must be included in your letter of appeal:
- Applicant or service provider who is filing the appeal (e.g., an entity number; a service provider’s 498 ID (SPIN))
- Contact information including the name, address, telephone number, and email address of the person who can discuss the appeal in detail
- Documentation of USAC’s decision (e.g., copy of USAC’s decision letter being appealed)
- Supporting documentation such as forms and previous correspondence
- A precise explanation of the relief sought through the appeal
- The carrier name and Study Area Code (SAC) (High Cost and Lifeline program carriers only)
- The Filer ID that is the subject of the appeal (Contributors only)
If you fail to submit any missing information to USAC within the time prescribed, it may result in the denial of your appeal.
All appellants will receive acknowledgment of their appeal upon receipt. USAC reviews all complete appeals and respond with its decision in writing. For further E-Rate program guidelines, see the E-Rate program appeals guidelines.
To File an Appeal with USAC
You must file your appeal (or, if submitting by mail, it must be postmarked) within 60 days of the date when USAC issued the decision you are appealing.
Note: If that day falls on a weekend or federal holiday, the appeal is also considered on time if you file it electronically (or it is postmarked) by the first business day following that weekend or federal holiday.
| Program | Electronically | By U.S. Mail |
|---|---|---|
| High Cost program | File by email to HCappeals@usac.org | Universal Service Administrative Co. High Cost Division Attn: Letter of Appeal 700 12th Street, NW, Suite 900 Washington, DC 20005 |
| Lifeline program | File by email to LifelineAppeals@usac.org | Universal Service Administrative Co. Lifeline Division Attn: Letter of Appeal 700 12th Street, NW, Suite 900 Washington, DC 20005 |
| Rural Health Care program | File by email to RHC-appeals@usac.org | Universal Service Administrative Co. Rural Health Care Division Attn: Letter of Appeal 700 12th Street, NW, Suite 900 Washington, DC 20005 |
| E-Rate program | FY2016 and forward: File in EPC
FY2015 and previous years: File by email to Appeals@usac.org |
N/A |
| Contributors | File by email to ContributorAppeals@usac.org | Universal Service Administrative Co. Billing, Collections, and Disbursements Attn: Letter of Appeal 700 12th Street, NW, Suite 900 Washington, DC 20005 |
| EBB/ACP | File by email to ACPAppeals@usac.org | Universal Service Administrative Co. Lifeline Division Attn: Letter of Appeal 700 12th Street, NW, Suite 900 Washington, DC 20005 |
To File an Appeal with the FCC
Parties that are seeking a waiver of FCC rules or that have filed an appeal with USAC and received a decision may, if they choose, appeal USAC’s decision to the FCC. You must submit your appeal to the FCC within 60 days of the date when USAC issued the decision.
On all communications with the FCC, be sure to reference the appropriate Docket Number (No.):
- High Cost program: WC Docket No. 10-90
- Lifeline program: WC Docket No. 11-42
- Rural Health Care program: WC Docket No. 02-60
- E-Rate program: CC Docket No. 02-6
- Contributions: WC Docket 06-122
Electronic Delivery
The FCC recommends filing appeals with the Electronic Comment Filing System (ECFS) to ensure timely filing. You can find more information about using ECFS on the ECFS FAQs page of the FCC’s website. The FCC will consider electronic appeals as filed on a business day if they are received before 11:59 p.m. ET. If you have questions or comments about using the ECFS, please contact the FCC directly at (202) 418-0193 or via email.
For more information about submitting appeals to the FCC, including options to submit the appeal via U.S. mail or hand delivery, visit the FCC’s website. See Sections 54.719-54.725 of the FCC’s rules for further information regarding filing an appeal.
Paying Invoices During the Appeal Process
If you are a contributor and have a balance on your universal service account but are awaiting a decision from a pending USAC or FCC appeal, you are still responsible for keeping your account balance current. If you do not pay the amount billed for the current month in full, you will receive a late payment fee. The late payment fee will not be waived unless the disputed charges are later found to be the result of USAC error.
If your debt is under appeal with USAC or the FCC, and you have provided USAC with a copy of your FCC appeal (if applicable), your outstanding balance will not be transferred under the Debt Collection Act of 1982 (Public Law 97-365) and the Debt Collection Improvement Act of 1996 (Public Law 104-134), as amended (the DCIA) to the United States Department of Treasury for further collection while your appeal is pending.
The disputed debt will not be subject to the Red Light Rule, which is included in the additional collections and disbursements rules associated with the DCIA, codified at 47 C.F.R. Parts 0 and 1. (See sections 1.1112, 1.1116, 1.1161, 1.1167, and 1.1910 of the FCC’s rules).
However, please be advised that you will continue to receive USAC collection letters while your appeal is pending and, if your appeal is denied, you will be subject to Red Light status and to transfer under the DCIA.