Experience

Representative Experience

  • Obtained several waivers for E-rate applicants that needed additional time to complete their special construction projects.
  • Successfully appealed numerous USAC decisions to deny and recover E-rate funds, including a recovery action worth $4 million spanning multiple funding years.
  • Advised companies regarding the delay in payments on invoices to USAC for payment in the E-rate program.
  • Obtained a clean audit report for a service provider client after USAC had identified verbal findings.
  • Successfully assisted applicants and service providers with responses submitted to USAC during program integrity assurance review. The applicants received positive funding commitments.
  • Represented a service provider client in an E-rate False Claims Act investigation being conducted by the Department of Justice. The firm assisted the client in providing documents responsive to the DOJ’s subpoena and in negotiating limits on overbroad information requests.
  • Successfully defended applicants accused of alleged violating E-rate competitive bidding rules. The firm’s arguments resulted in favorable USAC and Commission decisions on appeal.
  • Assisted clients in Commission rulemakings, including Category 2, the Texas carrier “overbuild,” and the suspension and debarment proceedings.
  • Persuaded the Commission to reverse two Bureau-level decisions that also resulted in relief for other applicants that had not filed similar waiver requests.

Representative Commission Decisions

Appeal granted for Missouri Research and Education Network on December 23, 2019

  • USAC sought recovery of E-rate funding because it determined that MOREnet incorrectly calculated the discount for its consortium applications. Request for Review filed by Missouri Research and Education Network (MOREnet) on March 23, 2018. 
  • The Wireline Competition Bureau granted a waiver of the E-rate rules finding that MOREnet’s discount calculation methodology was reasonable.

Appeal granted for Sherman Independent School District on August 29, 2019

  • USAC reduced Sherman ISD’s commitment and sought recovery of funding disbursed on the grounds that Sherman ISD’s FCC Form 486 was late. Request for Review filed November 15, 2018. 
  • The Wireline Competition Bureau granted Sherman ISD’s request finding that the FCC Form 486 was filed no later than 120 days after the last day to receive service for the funding request at issue and the applicant demonstrated good cause for the late filing, consistent with the Archdiocese of New Orleans Order.

Waiver Granted for Waco Independent School District, July 31, 2019

  • USAC denied Waco’s $19 million in E-rate funding for alleged competitive bidding violations.  Request for Waiver filed March 4, 2019.
  • The Wireline Competition Bureau found that Waco conducted a fair and open competitive bidding process and did not violate the Commission’s E-Rate competitive bidding requirements.

Waiver Granted for Roma Independent School District, March 29, 2019

  • USAC sought to recover more than $120,000 for a late-filed FCC Form 486. Request for Waiver filed October 12, 2018.
  • The Wireline Competition Bureau found that Roma ISD filed its FCC Form 486 no later than 120 days after the last day to receive service for the funding request at issue and demonstrated good cause for the late filing, consistent with the Bureau’s direction in the Archdiocese of New Orleans Order.

Appeal granted for Robeson County Public Schools on February 28, 2019

  • USAC sought to recover nearly $3 million from Robeson County, alleging a gift compromised the competitive bidding process. Request for Review filed April 24, 2018.
  • The Wireline Competition Bureau granted Robeson County’s appeal, finding that Robeson County conducted a fair and open competitive bidding process.

Waiver Granted for Gateway School District, November 30, 2018

  • USAC denied Gateway School District’s E‑rate funding for alleging including cost of ineligible services in its cost criterion. Request for Waiverfiled May 23, 2018.
  • The Wireline Competition Bureau found that Gateway School District would have selected the same vendor if it had excluded the price of ineligible items from the “cost” criterion.

Waiver Granted for Grants/Cibola County School District on October 17, 2018

  • Grants/Cibola timely filed an FCC Form 500 request for extension of the service implementation deadline and received an extension from USAC. Because its application was still under review by USAC, Grants/Cibola requested another extension, which USAC denied. Request for Waiver filed August 24, 2018. 
  • The Wireline Competition Bureau found Grants/Cibola’s request warranted a waiver of the service implementation deadline where strict adherence to the Commission’s rules would leave it with inadequate time to complete construction of its planned network.

Appeal Granted for Farmington Municipal Schools on September 28, 2018

  • USAC denied Farmington’s funding request for cost-effectiveness. Request for Review filed April 9, 2018. 
  • The Wireline Competition Bureau found that Farmington Municipal Schools complied with the Commission’s cost-effectiveness rule.

Waiver granted for Pribilof (Alaska) School District on August 8, 2018

  • USAC denied Pribilof $300,000 in E-rate funding, finding its application was filed outside of the window. Application for Review filed on May 30, 2017.
  • The Commission granted a waiver for Pribilof and other similarly situated applicants whose applications were rejected because of failures of the EPC platform during funding year 2016. The Commission directed the Wireline Competition Bureau to initiate a process by which other funding year 2016 applicants would have 60 days to demonstrate that they experienced the same special circumstances as Pribilof and that a waiver would be in the public interest for their respective funding year 2016 E-Rate applications.

[LINK TO PRIBILOF LETTER?]

Appeal Granted for Education Networks of America, Inc. and ENA Services, LLC on December 30, 2016

  • USAC denied more than $50 million in funding to nearly 50 school districts in Tennessee for several years, alleging the Consortium did not select the most cost-effective services. Request for Review was filed by Education Networks of America, Inc. and ENA Services, LLC on May 12, 2016.
  • The Wireline Competition Bureau found that the Consortium did not violate the program’s rules requiring selection of the most cost-effective bid for eligible services. WCB also found that the Consortium members that purchased E-rate eligible services from ENA had legally binding agreements in place prior to filing their E-rate applications.

Prior results do not guarantee a similar outcome. Every case is different and must be judged on its own merits.