§  54.1718   Appeal and waiver requests.

   (a) Parties permitted to seek review of Administrator decision. (1) Any
   party aggrieved by an action taken by the Administrator must first seek
   review from the Administrator.

   (2) Any party aggrieved by an action taken by the Administrator under
   paragraph (a)(1) of this section may seek review from the Federal
   Communications Commission as set forth in paragraph (b) of this
   section.

   (3) Parties seeking waivers of the Commission's rules in this subpart
   shall seek relief directly from the Commission and need not first file
   an action for review from the Administrator under paragraph (a)(1) of
   this section.

   (b) Filing deadlines. (1) An affected party requesting review of a
   decision by the Administrator pursuant to paragraph (a)(1) of this
   section shall file such a request within thirty (30) days from the date
   the Administrator issues a decision.

   (2) An affected party requesting review by the Commission pursuant to
   paragraph (a)(2) of this section of a decision by the Administrator
   under paragraph (a)(1) of this section shall file such a request with
   the Commission within thirty (30) days from the date of the
   Administrator's decision. Further, any party seeking a waiver of the
   Commission's rules under paragraph (a)(3) of this section shall file a
   request for such waiver within thirty (30) days from the date of the
   Administrator's initial decision, or, if an appeal is filed under
   paragraph (a)(1) of this section, within thirty days from the date of
   the Administrator's decision resolving such an appeal.

   (3) In all cases of requests for review filed under paragraphs (a)(1)
   through (3) of this section, the request for review shall be deemed
   filed on the postmark date. If the postmark date cannot be determined,
   the applicant must file a sworn affidavit stating the date that the
   request for review was mailed.

   (4) Parties shall adhere to the time periods for filing oppositions and
   replies set forth in § 1.45 of this chapter.

   (c) General filing requirements. (1) Except as otherwise provided in
   this section, a request for review of an Administrator decision by the
   Federal Communications Commission shall be filed with the Federal
   Communications Commission's Office of the Secretary in accordance with
   the general requirements set forth in part 1 of this chapter. The
   request for review shall be captioned “In the Matter of Request for
   Review by (name of party seeking review) of Decision of Universal
   Service Administrator” and shall reference the applicable docket
   numbers.

   (2) A request for review pursuant to paragraphs (a)(1) through (3) of
   this section shall contain:

   (i) A statement setting forth the party's interest in the matter
   presented for review;

   (ii) A full statement of relevant, material facts with supporting
   affidavits and documentation;

   (iii) The question presented for review, with reference, where
   appropriate, to the relevant Federal Communications Commission rule,
   Commission order, or statutory provision; and

   (iv) A statement of the relief sought and the relevant statutory or
   regulatory provision pursuant to which such relief is sought.

   (3) A copy of a request for review that is submitted to the Federal
   Communications Commission shall be served on the Administrator
   consistent with the requirement for service of documents set forth in
   § 1.47 of this chapter.

   (4) If a request for review filed pursuant to paragraphs (a)(1) through
   (3) of this section alleges prohibitive conduct on the part of a third
   party, such request for review shall be served on the third party
   consistent with the requirement for service of documents set forth in
   § 1.47 of this chapter. The third party may file a response to the
   request for review. Any response filed by the third party shall adhere
   to the time period for filing replies set forth in § 1.45 of this
   chapter and the requirement for service of documents set forth in § 1.47
   of this chapter.

   (d) Review by the Wireline Competition Bureau or the Commission. (1)
   Requests for review of Administrator decisions that are submitted to
   the Federal Communications Commission shall be considered and acted
   upon by the Wireline Competition Bureau; provided, however, that
   requests for review that raise novel questions of fact, law, or policy
   shall be considered by the full Commission.

   (2) An affected party may seek review of a decision issued under
   delegated authority by the Wireline Competition Bureau pursuant to the
   rules set forth in part 1 of this chapter.

   (e) Standard of review. (1) The Wireline Competition Bureau shall
   conduct de novo review of request for review of decisions issued by the
   Administrator.

   (2) The Federal Communications Commission shall conduct de novo review
   of requests for review of decisions by the Administrator that involve
   novel questions of fact, law, or policy; provided, however, that the
   Commission shall not conduct de novo review of decisions issued by the
   Wireline Competition Bureau under delegated authority.

   (f) Emergency Connectivity Fund disbursements during pendency of a
   request for review and Administrator decision. When a party has sought
   review of an Administrator decision under paragraphs (a)(1) through (3)
   of this section, the Commission shall not process a request for the
   reimbursement of eligible equipment and/or services until a final
   decision has been issued either by the Administrator or by the Federal
   Communications Commission; provided, however, that the Commission may
   authorize disbursement of funds for any amount of support that is not
   the subject of an appeal.

   

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