Fund Administration

File an Appeal

Below are instructions for filing an appeal.

Contributor Appeals Procedure

USAC recognizes that some telecommunications providers will disagree with its actions or decisions regarding contributions to the fund. As is the case with any administrative action or decision made by USAC, affected parties to decisions made by USAC on billing, collection, or disbursement matters can seek an appeal of those decisions. The procedures for filing an appeal with USAC or the Federal Communications Commission (FCC) are outlined below.

While in most cases you may write directly to the FCC without first presenting your appeal to USAC, for disputes regarding contributions or billing and collection issues USAC recommends that you appeal first to USAC so we have an opportunity to resolve the appeal and grant, if appropriate.

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.

Missed Deadline Waiver Requests. If you agree with USAC that you missed a filing deadline but you think there were extenuating circumstances, USAC cannot waive the deadline. However, you may ask the FCC to waive the rules in your case by filing a request for a waiver with the Commission. To file a waiver request with the FCC, follow the instructions for Option B listed below. Please note that waivers are not granted often: only in special circumstances and when a deviation from the rules would demonstrably serve the public interest.

Paying USAC Bill during Appeal Process.. If you have a USAC balance but are awaiting a decision from a pending appeal, you are still responsible for keeping your account current. If the amount billed for the current month is not paid in full, you will receive a late fee and the late fee will not be waived unless the disputed charges are later found to be the result of an error by USAC. Also note, any outstanding balance over 90 days delinquent may be subject to referral to the FCC under provisions of the Debt Collection Improvement Act of 1996 (DCIA).

There are two appeal options:

  • Option A: USAC/FCC Appeal: Write a Letter of Appeal to USAC explaining why you disagree with its action or decision and what outcome you request. Once you receive a decision from USAC on your appeal, you may write a further appeal to the FCC explaining why you disagree with USAC's decision.
  • Option B: FCC Request for Waiver: Write a request for waiver directly to the FCC - skipping Option A - explaining why you believe you should be granted a waiver of applicable FCC rules.

OPTION A.1 - FILE AN APPEAL WITH USAC

Please follow these guidelines when submitting a Letter of Appeal to USAC:

  • Write and mail your letter to:
    Universal Service Administrative Company
    Letter of Appeal
    Billing, Collections, and Disbursements
    2000 L Street, NW, Suite 200
    Washington, DC 20036

  • 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 outright that your letter is an "appeal."
  • Identify the particular Filer ID that is the subject of your appeal.
  • Include Docket Number. For Contributor Appeals, please include CC Docket No. 96-45.
  • Explain your appeal and include copies of all relevant documentation. Please provide as much detailed information as possible.
  • 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 e-mail, if available, of the authorized person.

OPTION A.2 - FILE A FURTHER APPEAL WITH THE FCC

A contributor may file an appeal with the FCC if the contributor disagrees with USAC's response to a Letter of Appeal. The contributor must file its appeal to the FCC within 60 days of the date of the USAC decision.

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 contributor may direct its appeal is:

Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Room TW-A325
Washington, DC 20554

Documents sent by Federal Express or any other express mail should use the following address:

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:

Federal Communications Commission
Office of the Secretary
236 Massachusetts Avenue, NE, Suite 110
Washington, DC 20002
(8AM - 7PM ET)

For security purposes, hand-delivered or messenger-delivered documents will not be accepted if they are enclosed in an envelope. Any envelopes must be disposed of before entering the building. Hand deliveries must be held together with rubber bands or fasteners.

Appeals may also be submitted to the FCC electronically, either by the Electronic Comment Filing System (ECFS) or by fax. 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 web site www.fcc.gov/cgb/ecfs. Appeals to the FCC filed by fax must be faxed to 202-418-0187. 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. Fax transmissions will be considered filed on a business day if the complete transmission is received at any time before 12:00 a.m.

Important note:
Please be sure to reference WC Docket No. 06-122 on all communications with the FCC.  The appeal transmission, whether electronic or paper, must also provide your company's name and study area code, plus necessary contact information including name, address, telephone number, fax number, and e-mail 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.

OPTION B - FILE A REQUEST FOR WAIVER WITH THE FCC

Same as OPTION A.2 except please use the language "Request for Waiver" or "Waiver Request," so the nature of your request is clear.
Last modified on 1/3/2011