FCC Web Documents citing 54.504
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- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, 66; Program Management Order, 22 FCC Rcd at 16387, 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). Id. 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
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- of Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2000 (Letter of Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to William Doyle, Anderson School, issued December 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maria A. Espie, Anderson School, issued May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Maria A. Espie, Anderson School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 5, 2000 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Letter of Appeal at 3. Id. Federal-State Joint Board on Universal Service, CC Docket No.
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- (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Winterset Community Schools, Year 2 Form 471 Filing, application no. 135186, filed March 24, 1999 (Winterset Form 471). Winterset Form 471, Block 5. Letter from Mike Weis, Interstate 35 Telephone
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- seeks discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0 /
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS'
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- Mattey Deputy Chief, Common Carrier Bureau Letter from Anne B. Spaziani, Sackets Harbor Central School District 56, to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation
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- an applicant that does not meet the exact criteria outlined in November 2000 Extension Order still qualifies for an extension of the deadline, the applicant may also receive the relief granted in this Order. May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8. See also Tenth Reconsideration Order, 14 FCC Rcd at 5991-94, paras. 17-23; 47 C.F.R 54.504(a). 00-2900 00-2900 b c d c d tm ? tm
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See SLD Program Description. See id. Letter from Schools and Libraries Division, Universal Service Administrative Co, to Doug Joiner, Marion County School District, dated June 18, 1999, at 2 (RAL). RAL at 2. RAL
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- Common Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service
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- Bureau Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999)
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- Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to SLD). Appeal to SLD
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- that the July 25, 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- Waiver Request filed by Homer Community Consolidated School District 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division,
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- 54.722(a), that the Waiver Request filed by Immaculate Conception School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision
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- Division 1Letter of Appeal from Nathaniel Hawthorne, Attorney for Wetzel County School District, to the Federal Communications Commission, filed May 15, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Wetzel County School District, issued May 5, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 4 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1998) (Form 470 Instructions). FCC Form 471, Wetzel County Public School District, filed January 18, 2000 (Wetzel Form 471), at 3. Id. See Funding Commitment Decision Letter at 6. See Request for Review at
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- COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from Nathaniel Hawthorne, Attorney for Richland School District, to Federal Communications Commission, filed August 17, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Richland School District, issued July 18, 2000 (Notification Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Richland School District, filed March 29, 2000. See Notification Letter at 1. USCN is the Universal Service Control Number. See Request for Review at 2. (continued....) Federal Communications Commission DA 01-1202 Federal Communications Commission DA 01-1202 @ @& 0 0 0 0 0 0 % %
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- and 54.722(a), that the Waiver Request filed by Danbury Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- 1.3, and 54.722(a), that the Waiver Request filed by Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Beverly Knox-Pipes, Genesee Intermediate School District, Flint, Michigan, dated July 7, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Genesee Intermediate School District, filed April 5, 1999 (Form 471). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Form 471 Instructions). The information attached to describe the funding requests in items 15 and 16 is listed in Attachment 17 to FCC Form 471. Letter from Schools
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- Waiver Request filed by Holland-Alexandria Free Public Library, Milford, New Jersey, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sylvia Gidwani, Holland-Alexandria Free Public Library, Milford New Jersey, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. FCC Form 471, Holland-Alexandria Free Public Library, filed January 27, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Gidwani, Holland-Alexandria Free Public Library, dated June 20, 2000 (Administrator's Decision on Appeal); see also Letter from Schools and
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- 0.91. 0.291, and 54.722(a), that the Waiver Request filed by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to
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- and Libraries Division, Universal Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- that the Waiver Request filed by Flint Memorial Library, North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing
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- Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Mattey, Deputy Chief Common Carrier Bureau Letter from Bruce Watson, Fair Lawn Board of Education, to Federal Communications Commission, filed June 22, 2000 (Request for Waiver); see also Letter from Bruce Watson, Fair Lawn Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, dated February 22, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed November 19, 1999 (November Form 471). Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed December 10, 1999 (December Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3
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- Bureau Letter from Dean G. Wilt, Altoona Area School District, to Federal Communications Commission, filed February 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R 54.504(a). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming
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- Inc., Staten Island, New York on January 24, 2000 and March 16, 2000, ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letters from John Angelides, Connect2 Internet Networks, Inc., to Federal Communications Commission, filed January 24, 2000 and March 16, 2000 (Requests for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
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- Chief, Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd
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- the Waiver Request filed by Marshall County Board of Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Karen Aeppli, Santa Ana Unified School District, to Federal Communications Commission, filed March 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Waiver Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- (Consolidated Appeal); see also Letter from Benajmin Aron to Mark Seifert and Andy Firth, Federal Communications Commission, filed March 6, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). Federal-State Joint Board on Universal Service, Order on Reconsideration, CC Docket No. 96-45, 12 FCC Rcd. 10095, 10098, at para. 9 (1997). See letter of SLD to Consolidated Schools (``Further Explanation of Administrator's Funding Decision''), dated October 13, 2000, at 1 (Explanatory Letter). Explanatory Letter at 1.
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- schools and libraries to seek competitive bids for all services eligible for discounts. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library could change service providers or services after the school or library has submitted an FCC Form 471 application designating a particular service. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider and services with which the applicant has signed a contract, makes no provision for a change of providers or services once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form
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- 470 (FCC Form 470). The Schools and Libraries Division of the Universal Service Administrative Company (SLD or USAC) posted Saint Jo's FCC Form 470 to its web site on December 28, 1999. Because SLD failed to timely post Saint Jo's FCC Form 470, Saint Jo was unable to comply with the competitive bidding rules set for in 47 C.F.R. 54.504(b)(4). Subsequently, SLD denied Saint Jo's FCC Form 471 application on October 13, 2000 as a violation of the competitive bidding rules. On April 25, 2001, USAC filed a letter with the Commission relating the above facts and urging the Commission to grant Saint Jo's waiver request consistent with the Commission's decision in Runnemede Public Schools. Because the delay in posting
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- Accounting Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). See also 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michael J. Palladino, ACCEPT Educational Collaborative, dated October 29, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Common Carrier Bureau Letter from Gary Marks, Bloomfield Community Schools, to Federal Communications Commission, filed February 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 15. See SLD web site, ; see Form 471 Instructions. See Request for Review of the Decision of the Universal Service Administrative Company
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- Accounting Policy Division Common Carrier Bureau Letter from Rita Simpson, Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998)
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- Accounting Policy Division Common Carrier Bureau Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB
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- COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Nathaniel Hawthorne, Esq., on behalf of Cleveland Municipal School District, Cleveland Ohio, to Federal Communications Commission, filed November 13, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- filed by Mater Dei High School, New Monmouth, New Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as
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- Schools, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bob Liles, Pinellas County Schools, dated May 16, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Town County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at
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- extent provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny
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- Bureau Letter from Milt Dougherty, Little River Unified School District, to Federal Communications Commission, filed January 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
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- Accounting Policy Division Common Carrier Bureau Letter from David H. Kimball, Brockton Public Schools, to the Federal Communications Commission, filed May 22, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Waiver Request filed by New Paltz Central School District, New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC
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- and 54.722(a), that the Waiver Request filed by Painesville City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal
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- Carrier Bureau Letter from John Sartin, Richland Parish School District, to Federal Communications Commission, filed May 10, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
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- 54.722(a), that the Waiver Request filed by St. Ignatius Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg,
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- that the Waiver Request filed by the Stephen/Argyle Central School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late).
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- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. 54.504(b)(4). See FCC Form
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- FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c); 47 C.F.R. 54.504(b)(3) and (4); 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. 54.504(b)(4).
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- 1.3, and 54.722(a), that the Waiver Request filed by the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47
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- 54.722(a), that the Waiver Request filed by the Ballard Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3) and (4); 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools
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- 54.722(a), that the Waiver Request filed by the Elgin Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on
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- from Denise Hoek, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, to Federal Communications Commission, filed April 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 480 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 0.291, 1.3, and 54.722(a), that the Waiver Request filed by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been
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- provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, issued July 7, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee
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- 0.291, and 54.722(a), that the Requests for Review filed by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bette M. Swilley, dated October 26, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 16, 1999 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 16 FCC Rcd 3931 (Com. Car. Bur. 2000) (extending timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. 1.3. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- District (New Orleans Public Schools) response . . . .''). Therefore, for purposes of simplicity and clarity, we will refer to the party handling the pending applications at all times as New Orleans. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Chief, Common Carrier Bureau Petition for Reconsideration of Charlotte County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136
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- and 54.722(a), that the Waiver Request filed by the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated March 9, 2000 (SLD Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated September 15, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, OMB No. 3060-0806, at Block 6 Item 25 and Block 6, Item 33 (September 1999); see also SLD website, . 47 U.S.C. 254(h)(1)(B). Id.; see also 47 C.F.R. 54.504(b)(2). See 47 C.F.R. 54.702(h) (requiring that the Administrator's annual report to the Commission detail the Administrator's ``administrative action intended
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- COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from David Bailey, South Barber Unified School District 255, to Federal Communications Commission, filed June 23, 2000 (Request for Review); see also Letter from David Bailey, South Barber Unified School District 255, to Schools and Libraries Division, dated March 9, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Id.; see also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). Id at 7. Pursuant to 47 C.F.R. 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their
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- Bureau Letter from David Martell, Haslett Public Schools, Haslett, Michigan, to Federal Communications Commission, filed February 28, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions)(September 1999), at p. 2-3. >. 47 C.F.R. 54.511(c). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
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- and 54.722(a), that the Request for Waiver filed by Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma,
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- taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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- Federal Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the
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- that the Waiver Request filed by Bear Lake County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- direct SLD to process West Las Vegas's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- and 54.722(a), that the Waiver Request filed by the Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January
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- the Waiver Request filed by the Montville Township Public Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Montville Township Public Schools, filed January
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- G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year
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- Accounting Policy Division Common Carrier Bureau Letter from Joseph A. Brott, Powell County High School, to Federal Communications Commission, filed July 3, 2000 (Request for Review); see also Letter from Joseph A. Brott, Powell County High School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 27, 2000 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Powell County High School, filed January 19, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2
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- G. Seifert, Deputy Chief Accounting Policy Division Common Carrier Bureau Letter from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. 47 C.F.R. 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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- the extent provide herein, and Lettie Jensen's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review at 1-2. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Waiver Request filed by East Brunswick Public Schools, East Brunswick, New Jersey, on March 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jamie Savedoff, East Brunswick Public Schools, to Federal Communications Commission, filed March 28, 2001 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Id. 47 C.F.R. 54.504(b)(3) and (4); 54.511. See FCC Form 470, the East Brunswick Public Schools, East Brunswick, New Jersey, filed March 7, 2001 (East Brunswick FCC Form 470). See Letter from Jamie Savedoff, East Brunswick
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- 1.3, and 54.722(a), that the Waiver Request filed by Bellevue Public Library, Bellevue, Iowa, on February 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Marian L. Meyer, Bellevue Public Library, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3) and (4); 54.511. Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (undated) (Year 1 Form 470 Instructions). Instructions for Completing the Schools and
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 54.722(a), that the Waiver Request filed by Forest Municipal School District, Forest, Mississippi, on August 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Ed Leonard, Forest Municipal School District, to Federal Communications Commission, filed August 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. FCC Form 471, Forest Municipal School District, Forest, Mississippi, filed January 24, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service
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- and 54.722(a), that the Waiver Request filed by Lake Eola Charter School, Orlando, Florida, on November 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sharon Morell, Lake Eola Charter School, to Federal Communications Commission, filed November 8, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. Id. FCC Form 471, Lake Eola Charter School, Orlando, Florida, filed January 31, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service
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- Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Lynn McNeal, Caribou Regional Technology Center, to Federal Communications Commission, filed July 31, 2000 (Request for Review); see also Letter from Lynn McNeal, Caribou Regional Technology Center, to Universal Service Administrative Company, Schools and Libraries Division, filed July 5, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (Funding Year 3 FCC Form 471 Instructions), OMB 3060-0806 (September 1999). Id. at 26 (emphasis altered). Id. In Funding Year 3 the filing window closed on January 19, 2000. See generally Universal Service Administrative Company (USAC), Schools and Libraries Program, Reference
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- New Hartford alleges that SLD misapplied our rules. New Hartford also requests a waiver of our rules to the extent necessary to remedy the harm that it asserts occurred as a result of the misapplication of our rules. We refer to New Hartford's pleading as a Request for Review throughout this Order. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 470), OMB 3060-0806 (December 1997) (Funding Year 1 FCC Form 470 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1997) (Funding Year 1 FCC Form 471
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- Division Common Carrier Bureau Letter from Dennis Smith, Trico Community Unit School District #176, to Federal Communications Commission, filed June 30, 2000 (Request for Review); see also Letter from Dennis Smith, Trico Community Unit School District #176, to Schools and Libraries Division, Universal Service Administrative Company, dated March 15, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Trico Community Unit School District #176, filed January 18, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form,
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review); Letter from Dr. Ray Partridge, Mundelein Elementary Schools, to Federal Communications Commission, filed July 3, 2000 (Mundelein Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. >. >; see 47 C.F.R. 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services
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- Commission (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- already disbursed. However, the application in question was filed in Funding Year 1 of the schools and libraries universal service mechanism, the funding year in which we waived certain rules, and thereby allowed applicants not in compliance with those rules to receive discounted services. In light of that decision, we consider whether Folsom-Cordova should also receive a waiver of section 54.504(c). In the Commitment Adjustment Waiver Order, the Commission found good cause to waive the competitive bidding rules, thus allowing erroneous awards to stand, primarily because it concluded that ``the affected applicants and providers in the first year of the schools and libraries support mechanism may have reasonably relied on the funding commitments applicants received from [the Administrator].'' The Commission noted
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- Forms 471 within the established filing window. The Administrator confirms that Keya Paha completed its FCC Forms 471, met all filing requirements, and postmarked the FCC Forms 471 within the established filing window. Because the Administrator failed to post Keya Paha's FCC Forms 470, however, Keya Paha was unable to comply with the 28-day posting requirement set forth in section 54.504(b)(4) of our rules. On September 26, 2001, the Administrator filed a letter with the Commission pursuant to section 54.702(c) of the Commission's rules. In the letter, the Administrator related the above facts, sought guidance, and urged the Commission to grant Keya Paha a waiver of the 28-day posting requirement consistent with the Commission's decision in Runnemede Public Schools. We conclude
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- established filing window. The Administrator confirms that North Carolina completed its FCC Forms 471, met all filing requirements, and postmarked its FCC Form 471 within the established filing window. Because the Administrator failed to post North Carolina's FCC Form 470 in a timely manner, however, North Carolina was unable to comply with the 28-day posting requirement set forth in section 54.504(b)(4) of our rules. On September 26, 2001, the Administrator filed a letter with the Commission pursuant to section 54.702(c) of the Commission's rules. In the letter, the Administrator related the above facts, sought guidance, and urged the Commission to grant North Carolina a waiver of the 28-day posting requirement consistent with the Commission's decision in Runnemede Public Schools. We conclude
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- Bureau Letter from James R. Shargots, Trinity Area School District, to Federal Communications Commission, filed February 22, 2000 (Waiver Request). Although Trinity termed its letter an appeal, we consider it as a Waiver Request because it seeks a waiver of our rules governing the filing window. See 47 C.F.R. 1.3. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. Trinity's reference in its Waiver Request to ``Funding Year 1997/98'' is in error, as Funding Year 1, the first year of the schools and libraries universal service support mechanism, began in 1998. FCC Form 470, Trinity Area
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- Bur. rel. March 30, 2001) (Request for Review by Children's Village Academy). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Car. Bur. rel. August 9, 2001) (Request for Review by Fort Wayne). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Office of Information Resources, CC Docket Nos. 96-45 and 97-21, Request for Review, filed July 12, 2000 (SC Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 480 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 0.91, 0.291, 1.3, and 54.722(a), that the Waiver Request filed by Winnebago Public Schools, Winnebago, Nebraska on June 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Raymond Girard, Winnebago Public Schools, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). 47 C.F.R. 54.507(g). >. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries,
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- filed by West Jasper School District, Bay Springs, Mississippi, on May 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Mary Walters and George Duke, West Jasper School District, to Federal Communications Commission, filed May 22, 2001 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC
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- Bureau Letter from Gary D. Sumpter, Boone County School District, to Federal Communications Commission, filed May 19, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 5 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per
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- Bureau Letter from Ken Toyn, Everett School District No. 2, to Federal Communications Commission, filed May 22, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998), at 15 (Form 471 Instructions). See SLD Web Site, ; see Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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- National Exchange Carrier Association, Inc., File No. SLD-160177, CC Dockets No. 96-45 and 97-21, Order, DA 01-854 (Com. Car. Bur. rel. April 17, 2001) (Request for Review by Mercer County). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- A. Hamlin, King and Queen County School Division, dated June 15, 2000, at 1. Id.; FCC Form 471, King and Queen County School Division, filed January 19, 2000 (King and Queen Form 471). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- it seeks discounts.3 The Administrator must post the FCC Form 470 on its website, and the applicant is required to wait 28 days before making a commitment with a 1 Letter from Bonnie L. Berry, Peru Central School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 2 Id. 3 47 C.F.R. 54.502, 54.503. 4 47 C.F.R. 54.504(b)(l), (b)(3). 21240 Federal Communications Commission DA 01-2798 selected service provider.5 Once the applicant has complied with the Commission's competitive bidding requirements and entered into an agreement for eligible services, it must file an FCC Form 471 application to notify the Administrator of the services that have been ordered, the carrier with whom the applicant has entered into an agreement, and
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- Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 122 S. Ct. 423 (November 2, 2000). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1997) (FCC Form 471). 47 C.F.R. 54.504(b), (c). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para. 2 (Com. Car. Bur. 2000). Letter from Schools and Libraries Division, Universal Service Administrative Company,
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- 1.3, and 54.722(a), that the Waiver Request filed by Edgerton Public School, Edgerton, Minnesota, on August 15, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from LeRoy Domagala, Edgerton Public School, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- Helena Township Public Library, filed March 31, 1999. It is apparent from the text of the Waiver Request that Helena intended to seek a waiver regarding application NEC.471.04-26-00.32200001, which was filed outside the filing window on April 26, 2000. We therefore consider Helena's Waiver Request only with respect to application NEC.471.04-26-00.32200001. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD
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- applicants were required to make certain certifications.10 Applicants that filed their FCC Form 471s electronically had to print out a Block 6 certification page at the end of the on-line application filing process and then, after signing and dating the certification page, were required to separately submit it by mail.11 3 47 C.F.R. 54.502, 54.503. 4 47 C.F.R. 54.504, 54.511(c). 5 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 6 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). 7 Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form,
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- 3, 2001 IS GRANTED to the extent provided herein, and Sacramento's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sally Savona, Sacramento City Unified School District, filed August 3, 2001. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request, Attachments. The overnight courier Fedex picked up Sacramento's FCC Forms 471 on January 18, 2001. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Federal Communications Commission DA 01-2807 Federal Communications Commission
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- the Waiver Request filed by South Kingstown Public Library, Peace Dale, Rhode Island, on July 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Lachowicz, South Kingstown Public Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3), (4); 54.511. FCC Form 470, South Kingstown Public Library, filed December 20, 1999 (South Kingstown FCC Form 470). Id. Id. South Kingstown filed its FCC Form 471 on March 8, 2000. FCC Form 471,
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- filed by Netherlands Reformed Christian School, Pompton Plains, New Jersey, on September 4, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John W. Van Der Brink, Netherlands Reformed Christian School, to Federal Communications Commission, filed September 4, 2001 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. FCC Form 470, Netherlands Reformed Christian School, filed January 11, 2001. FCC Form 471, Netherlands Reformed Christian School, filed February 15, 2001. Under program rules in effect in Funding Year 4, FCC Forms 471 were deemed filed
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Lee E. Kelm, Finley-Sharon Public School, to Federal Communications Commission, filed August 7, 2000 (Request for Review); see also Letter from Lee E. Kelm, Finley-Sharon Public School, to Schools and Libraries Division, Universal Service Administrative Company, dated June 27, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Finley-Sharon Public School, filed January 10, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998)
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- See id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- and 54.722(a), that the Waiver Request filed by Parrottsville Community Library, Parrottsville, Tennessee, June 16, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Judy Myers, Parrottsville Community Library, Parrottsville, Tennessee, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). /whatsnew/111999.asp>. FCC Form 471, Parrottsville Community Library, filed January 24, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jettie F. Norris, Parrottsville Community Library, dated April 26, 2000. Letter from Judy Myers, Parrottsville Community Library, to Schools and Libraries Division, Universal
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- 1.3, and 54.722(a), that the Waiver Request filed by Smackover Public Schools, Smackover, Arkansas, on July 18, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Leland Watts, Smackover Public Schools, to Federal Communications Commission, filed July 18, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request. FCC Form 470, Smackover Public Schools, Smackover, Arkansas, filed January 5, 2000 (Form 470). Id. Smackover filed its FCC Form 471 on February 17, 2000. FCC Form 471, Smackover
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- July 24, 2000; Letter from Jeff Pratt, Shorecrest Preparatory School, filed June 30, 2000; Letter from Peter M. Bolz, Sr., Dietrich School District No. 314, filed March 1, 2000; Letter from Roy M. Lanier, Laredo Independent School District, filed March 3, 2000; Letter from Wendy Alexander, Rosendale Library, filed February 28, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in
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- Review filed by Yeshiva Ahavas Torah, Brooklyn, New York, filed April 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. 254 (h)(1)(B); 47 C.F.R. 54.502, 504.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1). 47 C.F.R. 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2.
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Chris Wickund, Cheney Public School District No. 360, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to David Sackville-West, Cheney Public Schools, issued April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
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- Bureau Letter from Darrell Earwood, Flour Bluff Independent School District, to Federal Communications Commission, filed April 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999. See Letter from Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999 at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure
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- the Matter of Request for Review of the Decision of the Universal Service Administrator by Copan Public Schools, Copan Oklahoma, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, 15 FCC Rcd 5498 (2000). (Copan Order). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
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- Carrier Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Shirley P. Whelen, Buffalo & Erie County Public Library, issued April 25, 2000 (Administrator's Decision on Appeal). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.txt
- Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Common Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued May 9, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
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- Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative
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- Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued March 31, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Funding Commitment Decision Letter at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 01-584 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov STATE OF ALASKA SEEKS A DECLARATORY RULING AND WAIVER OF SECTION 54.504(b)(2)(ii) OF THE COMMISSION'S RULES PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: March 7, 2001 Comment Date: April 6, 2001 Reply Comment Date: May 7, 2001 On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the
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- Board, to the Federal Communications Commission, filed November 9, 1999 (November 9, 1999, Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joe Brown, Caddo Parish School District, issued October 12, 1999 (Funding Commitment Decision Letter). See 47 C.F.R. 54.720. See 47 C.F.R. 1.7. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Remote access routers allow access to the Internet from any location by any individual knowing the dial-in telephone number. Access routers, with no remote capabilities, cannot provide dial-in access to the Internet from remote locations. >. See November 9, 1999, Request for Review at 1. Request for Review of the Decision by the Universal
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- Letter from Schools and Libraries Division, Universal Service Administrative Company to Steven Wester, Rockwood School District R 6, issued August 10, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven Wester, Rockwood School District R 6, issued March 22, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued September 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Peter J. Negroni, Springfield Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed October 4, 1999 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Request for Review. Id. at 2. See id. at 2. >, at 34 (Schools
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- Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed June 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
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- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed May 30, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470); see 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- May 11, 2000 (Administrator's Decision on Appeal). The Commission's rules provide that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 CFR 54.419(c). 47 C.F.R. 54.402, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Chief, Common Carrier Bureau Letter from John H. Leaman, Visitation Academy, Bay City, Michigan, to the Federal Communications Commission, filed May 24, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Although the application process involves other preliminary steps, these are not relevant to the instant appeal. See FCC Form 471, Block 5. > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See
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- Letter from Principal Maxwell, South West Adventist Jr. Academy, to Federal Communications Commission, filed August 25, 2000 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the number of students that attend the
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- Board on Universal Service, Order, CC Docket No. 96-45, DA 00-2900 (Com. Car. Bur., rel. December 27, 2000) (December 2000 Order). See also May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration 14 FCC Rcd 5983, 5991-94, paras. 17-23 (1999); 47 C.F. R. 54.504(a). Letter from Fran Pridgeon, Baldwin County Board of Education, Bay Minette, Alabama, to Schools and Libraries Division, Universal Service Administrative Company, dated October 6, 2000. Letter from Fran Pridgeon, Baldwin County Board of Education, Bay Minette, Alabama, to Federal Communications Commission, filed November 8, 2000, at Attachment (Letter from Patrick Hunter, Cisco Systems, to Baldwin County Board of Education, Bay
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- We direct SLD to process Audrey Pack's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June
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- Bureau Letter from Michael T. Bauer, Central Minnesota Computer Center, to Federal Communications Commission, filed October 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board
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- on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-26231, CC Dockets No. 96-45 and 97-21, 15 FCC Rcd 5498, 1 (rel. 2000) (Copan Order). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Schools and Libraries Division, Universal Service Administrative Company to Bernard DiNatale, Chelmsford Public School District, issued November 16, 1999 (Telecenter Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bernard DiNatale, Chelmsford Public School District, issued May 4, 2000 (Telecenter Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Cellular Service Funding Commitment Decision Letter at 5. See Cellular Service Administrator's Decision on Appeal at 1. >. The Eligible Services List provides guidance from SLD on the eligibility of products and services for which applicants may be seeking funding. See id. Cellular Service Letter of Appeal. See Cellular Service Letter of Appeal.
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- Seifert Deputy Chief, Accounting Policy Division Letter from Monte Nardy, Children's Village Academy, Kinston, North Carolina, to the Federal Communications Commission, filed October 26, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Monte Nardy, Children's Village Academy, issued September 29, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 470 Instructions), OMB Approval No. 3060-0806, at Block 5, Item 23 (September 1999); see also SLD website, . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification (FCC Form 471
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- 9, 2000 (Request for Review). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 45.503. See Schools and Libraries Universal Service, Description of Service Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service First Report and Order), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service First Report and Order in part and reversing and remanding on unrelated grounds),
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- (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued March 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD 113262, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Com. Car. Bur. rel. July
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- and Libraries Division, Universal Service Administrative Company, to Roger E. Whaley, New Albany-Floyd County Consolidated School Corporation, dated August 17, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Roger Whaley, New Albany-Floyd County Consolidated School Corporation, dated May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of
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- Policy Division Common Carrier Bureau Letter from Margaret Blake, Mobile County Public School System, to the Federal Communications Commission, filed August 3, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Margaret Blake, Mobile County Public School System, dated July 6, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- service provider's contract indicated that 3 network servers and 48 lines, to serve 48 client operating systems, would be connected to the proposed network. Laurel Hall clearly sought funding for a much larger network configuration than it could support with the hardware it proposed to obtain during the funding year. That alone, on its face, establishes a violation of section 54.504 of the Commission's rules. Furthermore, Laurel Hall did not explain why it believed that its technology plan provided adequate levels of budgeted funds to obtain necessary resources and to train staff, acquire software, retrofit buildings, and maintain the services, especially for a network the size of the one sought by Laurel Hall. We find no basis upon which to overturn
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- Hawthorne, Esq., on behalf of Mercer County School District, to Federal Communications Commission, filed June 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Carrier Bureau Letter from John Fuller, Massachusetts Department of Education, to Federal Communications Commission, filed October 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued November 9, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. Letter from Larry Teixeira, Kerman Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. The PIA reviews applications and is responsible for ensuring that the discounts sought by applicants are for eligible services and for eligible uses. See Administrator's Decision
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- Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Elementary School District, issued September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Union Elementary School District, issued May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). See SLD web site, ; see Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471 Instructions),
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- in a separate Order. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- separate Order. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bennett County School District 3-1 to Federal Communications Commission, filed May 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) (Window Notice). In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC
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- Chief, Telecommunications Access Policy Division Wireline Competition Bureau Letter from Kenneth Sutton, Capitol Region Library Council, to Federal Communications Commission, dated July 13, 2001 (Request for Review); see also Letter from Kenneth Sutton, Capitol Region Library Council, to Schools and Libraries Division, Universal Service Administrative Company, dated April 13, 2001 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Capitol Region Library Council, filed January 16, 2001. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Capitol Region Library Council, dated March
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- Denise Weese, Charles Gibson Public Library, to Federal Communications Commission, filed September 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Charles Gibson Public Library, filed January 18, 2001 (Gibson Library Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Denise Weese, Charles Gibson Public Library, dated August 21, 2001 (Rejection Letter). Id.
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- Bureau Letter from June Cain, Dodge Memorial Public Library District, to Federal Communications Commission, filed July 25, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Cain, Dodge Memorial Public Library District, dated July 14, 2000. See also FCC Form 470, Dodge Memorial Public Library, filed March 2, 1999; and FCC Form 471, Dodge Memorial Public Library District, NEC.471.12.20.99.25000013, filed December 20, 1999. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered
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- Freeman School District No. 358, to Federal Communications Commission, filed June 15, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Vicki Hillenga, Kanawha Christian School, to the Federal Communications Commission, filed August 24, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (Funding Year 4 FCC Form 471 Instructions), OMB 3060-0806 (October 2000). Id. at 25 (emphasis altered). Id. at 2. In Funding Year 4 the filing window closed on January 18, 2001. See generally Universal Service Administrative Company, Schools and Libraries Program,
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Nancy M. Mark, Mettawee Community School, to Federal Communications Commission, filed February 12, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471) at Block 5. Id. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions) at 19-20. FCC Form 471, Mettawee Community School,
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- rel. February 15, 2002) (Request for Review by Prince George's County Schools). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- from Israel Engelman, Yeshivah and Mesivta Arugath Habosem, to Federal Communications Commission, filed August 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Starting with the application process for Funding Year 4, SLD, in consultation with the Commission, directed that FCC Forms 471 would be considered filed when postmarked, not when received. The new policy is designed to ensure that applicants
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- the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, dated June 22, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Id. See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket
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- School Corporation, CC Docket Nos. 96-45 and 97-21, Request for Review, filed October 22, 2001(Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- Wireline Competition Bureau Letter from Aubrey Ray, Coffeeville School District, to Federal Communications Commission, filed June 25, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21
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- Booth, Business and Education Institute, Dakota State University, regarding Kimball School District 7-2, dated October 1, 2001 (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See FCC Form 471, Kimball School District 7-2, Funding Year 07/01/2001 to 06/30/2002, Application No. 236447, filed 1/12/2001 (Kimball FCC Form 471). See id., Funding Request No. 559143. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kimball School District 7-2, dated July 23, 2001, at 6 (Funding Commitment Decision Letter).
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- Access Policy Division Wireline Competition Bureau Letter from Sharon Webb, Cooperative Educational Service Agency #2, to Federal Communications Commission, dated July 24, 2001 (Request for Review); see also Letter from Sharon Webb, Cooperative Educational Service Agency #2, to Schools and Libraries Division, Universal Service Administrative Company, dated April 19, 2001 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Cooperative Educational Service Agency #2, filed January 18, 2001. Id. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Cooperative Educational Service Agency
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- Macon County R-I School District, to Federal Communications Commission, filed January 2, 2002 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Macon County R-I School District, filed February 20, 2001 (electronic filing date and postmark on envelope containing certification page). Waiver Request; see also Letter from Schools and Libraries
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- R. Rungren, Merrimack Valley Library Consortium, to Federal Communications Commission, filed August 6, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Queen of Peace Elementary School, to Federal Communications Commission, filed August 16, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000) . Waiver Request. See FCC Form 470, Queen of Peace Elementary School, posted November 29, 2000; Waiver Request. FCC Form 471, Queen of Peace Elementary School, filed March 15, 2001 (envelope containing Block 6 certification page and Item
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- Letter from Bruce Mathews, Southwest Virginia Education and Training Network, to Federal Communications Commission, filed June 8, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions), at 18. Form 471 Instructions, at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools,
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- Park School, to Federal Communications Commission, filed December 13, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Waiver Request. 47 C.F.R. 54.502-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Tuxedo Park School, filed January 26, 2001 (postmarked envelope). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ann Doherty Cooke, Tuxedo Park
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- Wayne Goforth, Union County School District, to Federal Communications Commission, filed July 23, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- Bureau Letter from David C. Yates, Dickenson County Public Schools, to Federal Communications Commission, filed March 5, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the number of students
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- August 23, 2001 (with addendum filed September 4, 2001) (together referred to as Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b), 54.511 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). See SLD website, FCC Form 471 Window Opens for Year 4 Applicants (November 2, 2000), ; SLD website, Urgent Reminder of Filing Requirements for Year 4 (January 12, 2001) ; see also Waiver Request at 2. See, e.g., Request for Waiver by Ballard Community School District,
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- Public Library, to Federal Communications Commission, filed December 28, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they were postmarked by January 18, 2001. See SLD web site, Form 471 Minimum Processing Standards and Filing Requirements for Funding Year 4, (Funding Year 4 Minimum Processing Standards). Waiver Request. FCC Form 470, Central City
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- waiver of the rules but, instead, for review of SLD's determination, we address the merits of Jaffrey-Rindge's appeal. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. FCC Form 471, Jaffrey-Rindge Cooperative School District, filed January 2001 (Jaffrey-Rindge Form 471). Postcard from Schools and Libraries Division, Universal Service Administrative Company,
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- and Chelleye Block, Karnes City Independent School District, to Federal Communications Commission, filed August 29, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. FCC Form 471, Karnes City Independent School District, filed January 18, 2001 (electronic portion submitted into SLD's filing system) (Karnes Form 471). Request for
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- Bureau Letter from Michael Nickless, Molalla River School District, to Federal Communications Commission, filed July 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b), 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, More Than 32,000 Applications For E-Rate Discounts In Year Two (April 1999) . See SLD website, Consideration of Additional Post-Window Year 2 Applications (March 1, 2000) . See id. SLD website, Form 471 Window Closes January 19, 2000 at 11:59
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- C.F.R. 54.719(c). See Request for Review by New Hartford Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-007628, CC Docket Nos. 96-45 and 97-21, Order, DA 01-2535. (Com. Car. Bur. rel. November 2, 2001) (New Hartford). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000), . FCC Form 471, Mora Public Schools, filed December 14, 2000 (first envelope with postmark date of December 14, 2000). Waiver Request. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Keith E. Lester, Mora Public
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- Trummer, Lane Education Service District, to Federal Communications Commission, filed August 17, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New (November 2, 2000) . See id. See id. See FCC Form 471, Lane Education Service District, Eugene, Oregon, initiated January 12, 2001 (Lane Form 471). As recently as January of 2002, SLD's records show that Lane still had not completed or electronically submitted that online form. Id.
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- County School District, to Federal Communications Commission, filed May 18, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd
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- of North Carolina Department of Commerce - SIPS, Wright School, to Federal Communications Commission, filed May 31, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (September 1999) (FCC Form 470 Instructions), at pp. 2-3. >. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate
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- request for waiver and base our decision on the arguments contained therein. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Ridgefield Public Schools, filed January 31, 2001 (application 264165 with applicant having identified the form by reference to its request for support for ``telephone service'') (electronic portion of form
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- on Waiver Request); see also Request for Review. Therefore, we treat Schechter's pleading as a Request for Review. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. Id. Schechter says the actual wording on the notice was that those items ``were received'' outside the filing window. As noted above, the standard for Funding Year
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- from Tony Payne, Tuscarora Intermediate Unit 11, to the Federal Communications Commission, filed on September 14, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). SLD processed applications as ``in-window'' if they were postmarked by
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- Letter from Laura Massie, Panhandle Public Library Cooperative System, to Federal Communications Commission, filed August 15, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. > (Minimum Processing Standards). FCC Form 471, Panhandle Public Library Cooperative System, filed January 17, 2001. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Laura Massie, Panhandle Public Library Cooperative System, dated March 6, 2001 (Rejection Letter).
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- Carrier Bureau Letter from Phyllis A. Hickey, Saint Mary School, to Federal Communications Commission, filed March 22, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. 54.504(c). FCC Form 471, Saint Mary School, filed December 13, 1999 (Saint Mary Form 471). Letter from Schools and
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- Carrier Bureau Letter from Lan Neugent, Virginia Department of Education, to Federal Communications Commission, filed March 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Request for Review by Danbury Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-NEC.471.04-13-00.31900001, CC Dockets No. 96-45 and 97-21, Order, DA 01-1251, n.8
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- applicant specified above. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Wireline Competition Bureau Letter from Jeanette M. Halldorson, Shawnee Library System, to Federal Communications Commission, filed June 7, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- Competition Bureau Letter from Mike Jorgensen, Southeast Webster Community Schools, to Federal Communications Commission, filed May 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding
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- Bureau Letter from Lydia Dashkovitz, Notre Dame High School, to Federal Communications Commission, filed August 15, 2000 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471), Block 5. Id. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). /whatsnew/021999.asp>. /whatsnew/032000.asp>. The March 31, 2000 filing window deadline shall be hereinafter referred to as the ``Second Filing Window.'' FCC Form 471,
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- and Libraries Division, Universal Service Administrative Company, to Duncanville Indpedenpent School District, dated July 13, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Waiver Request. FCC Form 470, Duncanville Independent School District, posted January 22, 2001. FCC Form 471, Duncanville Independent School District, filed March 5, 2001 (envelope containing certification and attachments with postmark
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- See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- FCC Form 470 for failure to satisfy the 28-day bidding requirement. The Applicant then appealed to the Administrator, requesting that the 28-day competitive bidding requirement be waived. On May 21, 2002, the Administrator filed a letter seeking guidance from the Commission pursuant to section 54.702(c) of the Commission's rules. Consistent with past precedents, we conclude that a waiver of section 54.504(b)(4) of the Commission's rules is warranted in this case. Generally, the Commission may waive any provision of its rules, but a request for waiver must be supported by a showing of good cause. In the case at hand, strict compliance with our rules is inconsistent with the public interest. We find that the substantial delay in posting the second FCC
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- 54.722(a), that the Waiver Request filed by Bonesteel-Fairfax High School, Bonesteel, South Dakota, on August 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Loris J. Lindskov, Bonesteel-Fairfax High School, to Federal Communications Commission, filed August 3, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Morris H. Bates, Bonesteel-Fairfax High School, dated October 5, 1999 (Year 2 Funding Decision Commitment Letter). See Waiver Request; Letter from Schools and Libraries Division, Universal
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- from Gwen Khayat, Baxter County Library, to Federal Communications Commission, filed August 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). >. Request for Review. Request for Review, Attachment. Request for Review. FCC Form 471, Baxter County Library, filed February 14, 2001 (Baxter Form 471). Id. 02-1511 02-1511 (R)
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- action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Desert Sands specifically declines to seek a waiver of the Commission's rules governing the Funding Year 4 application filing deadline. See Request for Review. Accordingly, we consider Desert Sands's appeal as a Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- Libraries Division, Universal Service Administrative Company, to Sonya A. Gillespie, Jennings City Library, dated July 26, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- and Libraries Division, Universal Service Administrative Company, to Daniel Cincoski, Minneapolis Public Schools, dated August 13, 2001 (Administrator's Decisions on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- seek review from the Commission. 47 C.F.R. 54.719. Mount Carmel asserts that it filed its FCC Form 471 application before the filing window for Funding Year 4 closed and declines to request a waiver of the filing deadline. Request for Review. We therefore treat Mount Carmel's appeal as a Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- and Libraries Division, Universal Service Administrative Company, to Stephen Metcalf, Randolph School District, dated August 13, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- seek review from the Commission. 47 C.F.R. 54.719(c). St. Mary's asserts that it filed its FCC Form 471 application before the filing window for Funding Year 4 closed and declines to request a waiver of the filing deadline. Request for Review. We therefore treat St. Mary's appeal as a Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- Division, Universal Service Administrative Company, to Annabelle Whitinger, San Benito Literacy Center, dated August 21, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- Libraries Division, Universal Service Administrative Company, to Linda J. Hall, Sangerville Public Library, dated August 21, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. Form 471 Instructions at 4-5. Block 6 is the section
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- Division, Universal Service Administrative Company, to Richard K. Woodbury, School Administration District 53, dated August 3, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- and Libraries Division, Universal Service Administrative Company, to Daniel Cincoski, Wayzata Public Schools, dated August 13, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- and Libraries Division, Universal Service Administrative Company, to Louise Leland, Wilmington Public Schools, dated January 21, 2002 (Administrator's Decision Letter on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions
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- years, this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus, the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 FCC Form 470, Fayetteville Branch Library, filed November 22, 2000; and FCC Form 471, Fayetteville Branch Library, File No. SLD-229568, filed January 11, 2001. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven Thomas, Fayetteville Branch Library, dated January 19, 2001. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form
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- which the funding period starts. Thus the funding period which begins on July 1, 1999 and ends on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Previously, this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. See 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Funding Year 2001 Minimum Processing Standards). Form 471 Instructions
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- this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2001, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470 or Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). Form 470, Item 6; Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806
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- Letter from Bob G. Carnel, Indiana Intelenet Commission, Indianapolis, Indiana, to Federal Communications Commission, filed June 18, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). FCC Form 471, Indiana Intelenet Commission, filed January 18, 2000 (Intelenet Form 471). Id. See Problem Resolution Form Detail Log, Indiana Intelenet Commission, Application No. 201666, entries dated April 4, 2000 - April 17, 2000 (Problem Resolution
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- Administrative Company, to Mary Ann Grant, Marmot Library Network, Inc., dated September 14, 2000 (Rejection Letter); FCC Form 471, Marmot Library Network, Inc., filed January 17, 2000 (Marmot Form 471), at Block 5. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School for Language and Communication Development, to Federal Communications Commission, filed October 18, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 505(b). See 47 C.F.R. 54.505(b)(1); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9045 (1997) (Universal Service Order), as corrected by Federal-State Joint
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- Competition Bureau Letter from the Universal Service Administrative Company to the Federal Communications Commission, filed December 12, 2001 (Request for Waiver). Id. at 2. In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c), (g). 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Year 3 Server Failure Order, 15 FCC Rcd 13932, para 1. Id. 15 FCC Rcd at 13934, para 5. Id. at 13935, para 9. Waiver Request at 1. Id. See FCC Form 471, Franklin Township Community School Corporation,
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- 2002, and so on. See Request for Review by Dickenson County Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-239447, CC Dockets No. 96-45 and 97-21, Order, DA 02-1212 (Com. Car. Bur. May 22, 2002) (Dickenson Order). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b). Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., SPIN-143006149, CC Docket No. 96-45,
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- Competition Bureau Letter from Gregory Powell, East Washington School Corporation, to Federal Communications Commission, filed April 16, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Form 470) at 5. The ``Allowable Contract Date'' is the date at the end of the required 28-day period during which services needed by an applicant are posted on the SLD Web Site, so that competing service providers can submit their bids to provide
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- Thus the funding period that began on July 1, 2000 and ended on June 30, 2001, previously known as Funding Year 3, is now called Funding Year 2000. The funding period that began on July 1, 2001 and ended on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. 54.511(b). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 4 (September 1999) (FCC Form 470 Instructions). 47 C.F.R. 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service,
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bureau Letter from Leo Davis, Eureka Unified School District 389, to Federal Communications Commission, filed February 16, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
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- Wireline Competition Bureau Letter from John Heid, Watervliet School District, to Federal Communications Commission, filed July 23, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- Bureau Letter from Lynn Bollman, Wexford-Missaukee Independent School District, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- Funding Year 2001 was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. Patton Elementary Form 470, filed December 17, 2000. The Application Display of the Services Ordered and Certification Form 471, Schools and Libraries Universal Service Program, states that data was entered on January 18, 2001, but that entry was ``Incomplete.'' Patton Elementary Form 471, filed January 22, 2001. Request for Review, Attachment; see also Letter from Tim Jonke, General George Patton
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- Thus the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, File No. SLD-268040, West Oso Independent School District, filed January 19, 2001 (postmark on envelope); FCC Form 471, File No. SLD-267787, West Oso Independent School District, filed January
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- Letter from James Baker, Ellensburg School District No. 401, to Federal Communications Commission, filed January 3, 2002 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. FCC Form 471, Ellensburg School District 401, filed January 19, 2001. In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. 54.511(d)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776
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- Wireline Competition Bureau Letter from Wilfred Volesky, Beulah Public Schools, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999), at 2-3. >. FCC Form 471 Instructions, at 24. FCC Form 471, Beulah Public Schools, filed April 13, 1999 (Beulah FCC Form 471). Beulah FCC Form 471 Attachment. Id. Id. Id. Id.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order) as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- as discussed further below. 47 C.F.R. 54.502, 54.503. This limited exception exempts from competitive bidding requirements: (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur. 1999), para.
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). See Minimum Processing Standards. Id. FCC Form 471, Wynot Public Schools, NEC 471.01-16-01.05200455, filed January 16, 2001 (Wynot Form 471). Id. (Rejection Letter). Id. See Request for Review by Cooperative Educational Service Agency #2, Federal-State Joint Board on Universal Service, Changes to the
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School District, to Federal Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000)
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- that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). This Request for Review is also filed on behalf of Islamic Academy of Florida, File Nos. SLD-128732 and 128808. We will address this applicant in a separate order. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470 or Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the
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- Common Carrier Bureau Letter from Linda Davidson, Georgetown Public Library, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- Letter from Judy White, Scottsdale Horizons School, to Federal Communications Commission, filed March 6, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request; SLD web site, What's New (November 2, 2000) . Therefore, in Funding Year 4, applicants had to postmark the FCC Form 471 by midnight on January 18, 2001. Waiver Request. Id. This notice is the standard notice
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bureau Letter from William Britt, Bienville Parish School Board, to Federal Communications Commission, filed December 5, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Minimum Processing Standards. Previously, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- Gary Start, Kalamazoo Public Schools, to the Federal Communications Commission, filed April 9, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 2-3. >. 47 C.F.R. 54.511(c). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
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- Year 4, is now called Funding Year 2001. The funding period which begins on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2002, previously known as Funding Year 4, is now called Funding Year 2001. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review at 2. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. (Application No. 260330). The applicants and associated applications are also listed in Appendix B. 47 C.F.R. 54.720(b). 47 C.F.R.
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- July 1, 2002 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. Similarly, the funding period that begins on July 1, 2002 and ends on June 30, 2003, previously known as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(b). See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' (November 2, 2000) . See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' /471mps.asp>. 47 C.F.R. 54.504(c). 47 C.F.R.
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- funding period starts. Thus, the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which begins on July 1, 2000 and ends on June 30, 2001, is now called Funding Year 2000. 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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- Richards, East Baton Rouge Parish Library, to Federal Communications Commission, filed August 10, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, East Baton Rouge, filed January 17, 2001 (East Baton Rouge FCC Form 471). In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus, the funding period which begins on July 1, 2001 and ends
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- Thus the funding period that began on July 1, 2002 and ends on June 30, 2003, previously known as Funding Year 5, is now called Funding Year 2002. The funding period that begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, Hancock County Public Library, filed January 18, 2002. Note the FCC Form 471 was filed online January 18, 2002 and the Block 6 Certifications and Signature pages were postmarked January 24, 2002. Waiver Request; see also Letter from Schools
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- Requests for Review, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata (Com. Car. Bur. rel Dec. 28, 2001 and Jan. 4, 2002). Because the March 7, 2000 Pink Postcard was issued before August 13, 2001, the extended appeal period does not apply to Lincoln County. See 47 C.F.R. 54.720(b). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. 54.511(b). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471
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- the funding period that began on July 1, 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- Bureau Letter from Vol Woods, Salina Independent School District 16, to Federal Communications Commission, filed April 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- enclosed Attachments for Form 471 # ______ were sent to SLD and postmarked on or before the close of the Fund Year 4 window, January 18, 2001.''' October 25, 2001 Letter. Package from William Smith, Scott County Public Library, to the Schools and Libraries Division, Universal Service Administrative Company, Item 21 Attachments, November 6, 2001 Postal Receipt. 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 2000) at 5 (September 2000 Instructions). September 2000 Instructions at 16, 19-20. (...continued from previous page) (continued....) Federal Communications Commission DA 02-2546 Federal Communications Commission DA 02-2546 C C F
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- Forsyth County Public Library, to Federal Communications Commission, filed July 18, 2001 (Request for Review). See Request for Review. See also Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Forms 471, Forsyth County Public Library, filed January 18, 2001. Previously, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus, the funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred
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- that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Bulger, Columbia Heights School District, Columbia Heights, Minnesota, dated March 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (FCC Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- the funding period that began on July 1, 2000 and ended on June 30, 2001, previously known as Funding Year 3, is now called Funding Year 2000. The funding period that began on July 1, 2001 and ended on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470 Instructions), at 2-3. >. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing,
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- National Exchange Carrier Association, Inc., File No. SLD-52629, CC Dockets No. 96-45 and 97-21, Order, DA 99-1506 (Com. Car. Bur. rel. July 29, 1999) (Request for Review by Houghton Lake). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan Public Library of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Certification Form Estimated Average Burden Hours Per Response: 4 hours Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470) CONTENTS Notice page 1 Introduction page 2 Filing Requirements and General Instructions page 3 Minimum Processing Standards and Filing Requirement page 6 Specific Instructions page 7 Reminders page 18 NOTICE Section 54.504 of the Federal Communications Commission's rules requires all schools and libraries requesting universal service discounts to file-individually, or as a district or system, or as a consortium-this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator, which is the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). 47 C.F.R.
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- Technology Act of 1996 that do not operate as for-profit businesses and whose budgets are completely separate from any schools, including, but not limited to, elementary and secondary schools, colleges, or universities. b Entity Number Applicant's Form Identifier Contact Person Phone Number Y D M M D YYY FCC Form 471 - October 2002 Page 5 of 6 NOTICE: Section 54.504 of the Federal Communications Commission's rules requires all schools and libraries ordering services that are eligible for and seeking universal service discounts to file this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator. 47 C.F.R. 54.504. The collection of information stems from the Commission's authority under Section 254 of the Communications Act
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- Estimated Average Burden Hours Per Response: 4 hours Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) CONTENTS Key Information page 1 Notice page 2 Introduction page 3 Filing Requirements and General Instructions page 3 Minimum Processing Standards and Filing Requirements page 6 Specific Instructions page 9 Reminders page 31 NOTICE Section 54.504 of the Federal Communications Commission's (FCC) rules requires all schools and libraries ordering services that are eligible for universal service discounts to file this Services Ordered and Certification Form (FCC Form 471) with the Universal Service Administrator, which is the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). 47 C.F.R. 54.504. For purposes of this
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- (Kalamazoo Order). Letter from Gary Start, Kalamazoo Public Schools, to the Federal Communications Commission, filed April 9, 2001 (Request for Review); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Gary L. Start, Kalamazoo Public Schools, dated March 19, 2001 (Administrator's Decision on Appeal). See Kalamazoo Order, para. 9. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 2-3. >. 47 C.F.R. 54.511(c)(1). 47 C.F.R. 54.511(c)(1), 54.511(d). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate
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- on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, is now called Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . FCC Form 470, Center City School, posted December 28, 2001. Waiver Request. FCC Form 471, Center City School, filed January 29, 2002 (electronic portion submitted January 29, 2002; envelope containing Block 6 Certifications and Signature pages and
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- which began on July 1, 2002 and ends on June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Waiver by Dermott Special School District, et al, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- began on July 1, 2001 and ended on June 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 470, High Bridge Board of Education, posted September 17, 2001. FCC Form 471, High Bridge Board of Education, filed February 13, 2002 (the electronic portion was submitted on February 13, 2002; the envelope containing the Block 6 Certifications and Signature
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- which began on July 1, 2002 and ends on June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which began on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Kearney Public Schools, filed April 12, 2002 (the envelope containing the entire application was postmarked April 12, 2002) (Kearney 471). Waiver Request. Kearney 471. See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC,
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that begins on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471 Instructions), OMB 3060-0806 (October 2000). Id. at 25 (emphasis altered). Id. at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dane Lancaster, Marin County Office of Education, dated January 24, 2002 (stating that the
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- July 1, 2001 and ends on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). > (SLD Year 4 Change Notice). SLD website, What's New
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- July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, and is now called Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . Request for Review. FCC Form 470, Windham Public Library, posted February 13, 2002. FCC Form 471, Windham Public Library, filed March 16, 2002 (envelope containing the entire application with postmark date of March 16, 2002). In Windham's
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- the funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now called Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Randolph County also appealed SLD's denial of its funding request for Internet access and internal connections to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Randolph County filed a request to withdraw its appeal concerning the RESA
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- Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Brooke County also appealed SLD's denial of its funding request for Internet access services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Brooke County filed a request to withdraw its appeal concerning the RESA Internet access
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Greenbrier County also appealed SLD's denial of its funding request for Internet access and internal connection services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Greenbrier County filed a request to withdraw its appeal concerning the
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- Thus, the funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year, is now called Funding Year 2001. The funding period which began on July 1, 2001 and ends on June 30, 2003, is now called Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Jefferson County also appealed SLD's denial of its funding request for Internet access services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Jefferson County filed a request to withdraw its appeal concerning the RESA Internet access
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Monroe County also appealed SLD's denial of its funding request for Internet access services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Monroe County filed a request to withdraw its appeal concerning the RESA Internet access
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Nicholas County also appealed SLD's denial of its funding request for Internet access services and internal connections services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Nicholas County filed a request to withdraw its appeal concerning
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- which the funding period starts. Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). (Funding Commitment Decision Letter), at 6. Letter from Susan Diverio, St. Joseph High School, to Schools and Libraries Division, Universal Service Administrative Company, filed August 20, 2001 (Appeal to SLD). (Administrator's Decision on Appeal). Id. at 1. Request for Review. Request for Review by Colonial Beach School District, Federal-State Joint
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- Thus the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). >. FCC Form 471, Tripp County Library, filed February 8, 2002. 47 C.F.R. 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court
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- sought would require a waiver of the Commission's rules. Thus, we refer to Subiaco's pleading as a Waiver Request. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms (October 29, 1999), . Waiver Request. FCC Form 471, Subiaco Academy, filed January 24, 2000 (SLD received date label). In Funding Year 3, paper copies of the forms had to be received by the last day of the filing window to
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- Year 2, is now called Funding Year 1999. The funding period that begins on July 1, 2001 and ends on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (Current Form 471). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- began on July 1, 2001 and ended on June 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- & Lucy F. Rand Memorial Library, to Federal Communications Commission, filed April 8, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504, 54.511(c), 54.511(d)(1). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. 54.511(d)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Competition Bureau Letter from Jon Ostendorf, Charleston County School District, to Federal Communications Commission, filed August 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. FCC Form 471, filed January 17, 2001 (Application Nos. SLD-240734, SLD-242904, SLD-242940, SLD-243031). Request for Review at 1. Letters from School and Libraries Division, Universal Service Administrative Company, to Evelyn Mauldin, Charleston County School District, dated February 27, 2001 (Form 471 Certification-Rejection Letter). Charleston also re-signed the applications on March 2, 2001, and resubmitted them to SLD. In response SLD
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- 30, 2002, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- from Michael McGregor, Foyil Public Schools, to Federal Communications Commission, filed January 28, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- REMANDED to the Schools and Libraries Division of the Universal Service Administrative Company for further review consistent with this Order. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Wireline Competition Bureau Request for Review from Winston E. Himsworth, Nassau County BOCES, to Federal Communications Commission, filed April 3, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1998) (FCC Form 471). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel.
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- from John R. Reed, Newtown Public Schools, to Federal Communications Commission, filed March 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Forms 471, Newtown Public Schools, filed January 20, 2000. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Stephen-Argyle Central School District, Federal-State Joint Board on Universal
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- from Pend Oreille County Library District, to Federal Communications Commission, filed May 21, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Year 2, is now called Funding Year 1999. The funding period that begins on July 1, 2000 and ends on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 54.719(c). See Letter from Nathaniel Hawthorne on behalf of Upshur County School District, to Federal Communications Commission, filed January 11, 2001 (requesting withdrawal of request for review of Funding Request Number (FRN) 591785). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Catholic Elementary School, Detroit, Michigan, to Federal Communications Commission, filed April 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated June 16, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated March 19, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Voss, Centerville School District, Centerville, South Dakota, dated March 19, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (Form 471). Id. See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- Letter from Lawrence L. Furney, Northeast Educational Services Cooperative, to Federal Communications Commission, filed July 17, 2000 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Lawrence L. Furney, Northeast Educational Service Cooperative, dated October 26, 1999 (Funding Commitment Decision Letter). Letter from Lawrence L. Furney, Northeast Educational Services Cooperative, to Schools and Libraries Division, Universal Service Administrative Company, filed November 8, 1999 (SLD Appeal). See also Letter from
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- Carrier Bureau Letter from Nathaniel Hawthorne to Federal Communications Commission, filed March 26, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.507(c), (g). (SLD Form 471 Tips). Under the Commission's rules, SLD is authorized to establish and implement filing periods for FCC Form 471 applications by schools and libraries seeking to receive discounts for
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- District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 16, 2001 (SLD Appeal Letter). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id.; see also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). Form 471 Instructions at 2. Form 471 Instructions. Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Patricia McGee, Schaumburg Community Consolidated School District 54, to the Federal Communications Commission, filed April 20, 2000 (Request for Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Moshin Dada, Schaumburg Community School District 54, dated November 23, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schaumburg Community Consolidated School District 54, FCC Form 471, Block 5, filed April 1, 1999. Unless specifically stated otherwise, all amounts discussed in this Order are pre-discount amounts. Funding Commitment Letter at 5 (Funding Request Number 0000243562). Id. The ``30-percent policy'' is not a Commission rule, but rather is an internal SLD benchmark utilized during
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- Libraries Division, Universal Service Administrative Company, to Rachel Burg, Atlanta Adventist Academy HS, dated February 24, 2000 (Minimum Processing Standards Letter). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). (noting that for Funding Year 3, the filing window for FCC Forms 471 closed on January 19, 2000, while the deadline for certifications was initially January 26, 2000, and later extended to January 31, 2000). For Funding Year 5, which begins July 1, 2002, SLD has enhanced
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Carol Lynne Roddy, Ohio Public Library Information Network, to Federal Communications Commission, filed April 18, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per
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- Bureau Letter from Ben Carosi, Pearl River Public School District, to Federal Communications Commission, filed April 30, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, What's New (December 6, 1999), . >. See Letter from Ben R. Carosi, Pearl River School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 17, 2000 (Request Letter), at 1; FCC
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- Administrator. Compare 47 C.F.R. 54.719 (concerning requests for review) with 47 C.F.R. 1.3 (governing waiver requests). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. See FCC Form 471, Springdale Public Schools, filed January 26, 2000. See Letter from Jim Rollins, Springdale Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed January 22, 2001. See Administrator's Decision on Appeal. See Waiver
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- (Com. Car. Bur. rel. March 1, 2001) (Request for Review by Maine). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Peterson, Laguna Salada Union School District, to Federal Communications Commission, filed July 30, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Josephine Peterson, Laguna Salada Union Elementary School District, dated April 23, 2001. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Josephine Peterson, Laguna Salada Union Elementary School District, dated July 13, 2001(Administrator's
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- John Beach, Tallulah Academy-Delta Christian School, to Federal Communications Commission, filed August 13, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (Oct. 2000) (FCC Form 471 Instructions), at 5. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FY 4 FCC Form 471). FCC Form 471 Instructions at 5. See 47
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- E. McNamara, Southwest Independent School District, to Federal Communications Commission, filed July 25, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Southwest Independent School District, filed January 18, 2001 (Southwest Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to James E. McNamara, Southwest Independent School District, dated March 29, 2001 (Rejection Letter). Rejection
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- David Ochoa, Edgewood Independent School District, to Federal Communications Commission, filed July 24, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Noe Sauceda, PhD., Edgewood Independent School District, dated June 26, 2001 (Administrator's Decision on Appeal), at 2. FCC Form 471, Edgewood Independent School District, filed
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- Division Common Carrier Bureau Letter from Danielle A. Nerad, Green Bay Area Public Schools, to Federal Communications Commission, dated August 2, 2001 (Request for Review); see also Letter from George A. Smith, Green Bay Area Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 28, 2001 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Green Bay Area Public Schools, filed January 20, 2001. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year
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- SanClementi, Jr., art in context, to Federal Communications Commission, filed August 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives, (September 2000) . FCC Form 470, art in context, posted January 25, 2001. FCC Form 471, art in context, filed July 25, 2001. Id. Waiver Request at 1. Id. Id. Id. at 1-2. Id. at 3 Id. See 47 C.F.R. 1.3. Northeast Cellular Telephone
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- Malcolm Cain, Wilcox County Schools, to Federal Communications Commission, filed August 13, 2001 (Waiver Requests). See Waiver Requests. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (Window Notice). See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in
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- Gail Skruch, Loutit District Library, to Federal Communications Commission, filed August 29, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (September 2000) . FCC Form 470, Loutit District Library, posted February 26, 2001. FCC Form 471, Loutit District Library, filed June 7, 2001(envelope containing Block 6 certification page with postmark date of June 7, 2001). Waiver Request. Id. Id. at 2. Id. at 1. See
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- Accounting Policy Division Common Carrier Bureau Letter from Linda Berry, Schuyler R-1 School District, to Federal Communications Commission, filed July 7, 2000 (Request for Review); see also Letter from Linda Berry, Schuyler R-1 School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 22, 2000 (SLD Appeal Letter). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Pursuant to 47 C.F.R. 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R. 54.507(g).
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Exchange Carrier Association, Inc., File No. SLD-161422, CC Dockets No. 96-45 and 97-21, Order, DA 01-2456 (Com. Car. Bur. rel. October 23, 2001) (Request for Review by Most Holy Trinity). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd
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- Review on the merits. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jerry Gatlin, Floyd County Board of Education, dated July 13, 2001. By so doing, we do not abridge Floyd County's right to seek review under 47 C.F.R. 54.719(c), of the Administrator's July 13, 2001 decision. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Floyd County Schools, App. No. 275627 (First Form 471); FCC Form 471, Floyd County Schools, App. No. 263665 (Second Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year
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- 54.722(a), that the Waiver Request filed by Cotton Center ISD, Cotton Center, Texas, on June 13, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Keith E. Gast, Cotton Center ISD, to Federal Communications Commission, filed June 13, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request, Attachment. Id.; FCC Form 470, Cotton Center ISD, posted January 3, 2000. The fact that SLD did not post the form until seven days after receiving it is irrelevant in
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- Zeeland Public School District No. 4, to Federal Communications Commission, filed October 9, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Corbley Ogren, Zeeland Public School District, dated March 7, 2001 (Receipt Acknowledgement Letter). Every funding year, SLD establishes and notifies applicants of a "minimum processing standard"
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- extent provided herein, and Frazier's application IS REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau See Letter from Tom Shetterly, Frazier School District, to Federal Communications Commission, filed August 17, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. >. Id. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et
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- filed by Pottsville Area School District, Pottsville, Pennsylvania on August 15, 2000, IS DENIED to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Diane Hutchinson, Pottsville Area School District, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (``SLD will not accept Year 2 applications received after March 31, 2000.''). FCC Form 470, Pottsville Area School District, filed December 28, 1999 (Pottsville Form 470). We note that July 1, 1999 through June 30, 2000 was Funding
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- and 54.722(a), that the Waiver Request filed by Scottsdale Horizons School, Scottsdale, Arizona, on July 12, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Harry Stelling, Jr., Scottsdale Horizons School, to Federal Communications Commission, filed July 12, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. Letter form Harry Stelling, Jr., Scottsdale Horizons School, to Universal Service Administrative Company, filed January 20, 2000 (Appeal Letter). FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Appeal Letter at 2. Id. Id. Id.
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- Communications USA (Total Com), a consultant to SDAS. See Request for Review (listing Ms. Sand's contact information as a Total Com address); see also Letter from Eti Wise, Total Com USA, to Schools and Libraries Division, Universal Service Administrative Company, undated, indicating Total Com's designation as an authorized representative of SDAS. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471
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- from Michael Pallidino, ACCEPT Education Collaborative to Federal Communications Commission, filed July 31, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- McArt, Saint Martin of Tours School, to Federal Communications Commission, filed July 30, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Pursuant to 47 C.F.R. 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R.
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- System, CC Docket Nos. 96-45 and 97-21, Request for Review, filed November 5, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- June 20, 2000 (Administrator's Decision on Waiver Request). However, because Waikiki asserts that it filed its application in a timely manner and that SLD is mistaken as to the date the application was filed, we treat Waikiki's request as a Request for Review under our rules. See 47 C.F.R. 54.719. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. See FCC Form 471, Waikiki Elementary School, filed February 17, 2000 (Waikiki Form 471). Request for Review. Id. See Waikiki Form 471. See Request for Review by Old Town School Department, Federal-State Joint Board on Universal Service, Changes
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School District, to Federal Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000)
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- to Federal Communications Commission, filed June 29, 2000 (Port Huron Waiver Request); Letter from Dennis J. Corsaro, Silver Creek Central School District, to Federal Communications Commission, filed July 26, 2000 (Silver Creek Waiver Request); Letter from Allen Burgad, Stanley Community Schools, to Federal Communications Commission, filed July 5, 2000 (Stanley Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. See Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14925, para. 16 n.39 (1998). >.
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- Bureau Letter from Lynn A. McIntosh, Chickasaw Regional Library System, to Federal Communications Commission, filed July 18, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). See FCC Form 471, Chickasaw Library System, filed June 3, 1999 (Year 2 Form 471); Letter from
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- Universal Service Administrative Company, to Janet LaBreche, Crawford County Public Library, dated May 15, 2000. Id.; FCC Form 471, Crawford County Public Library, filed January 19, 2000 (Crawford Form 471), at Block 5. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2000 (Request for Review). Id. Although SLD treated Enoch Pratt's request as a Waiver Request seeking waiver of our filing window, because Enoch Pratt denies that its applications were filed late, we properly treat it here as a Request for Review. See 47 C.F.R. 54.719 et seq. (governing requests for review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Request for Review. Once an FCC Form 471 was received by SLD in Funding Year 1, it was given a date-stamped Application Control Number. Once an application was data-entered, it was given a six-digit File Number. Applications that were untimely
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- Service Administrative Company, to Terri Stafford, Escondido Union High School District, dated February 16, 2000. FCC Form 471, Escondido High School District, filed January 7, 2000 (Escondido Form 471), at Block 5. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Marilyn M. Walls, Hanover County Public Schools, dated May 31, 2000 (Rejection Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Governor's School for Global Economics and Technology, Keysville, Virginia, on July 17, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy R. Carwile, Governor's School for Global Economics and Technology, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. 47 C.F.R. 54.504(b)(3) and (4); 54.511. FCC Form 470, Governor's School for Global Economics and Technology, filed December 27, 1999. Id. FCC Form 471, Governor's School for Global Economics and Technology, filed February 3, 2000; FCC
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- Competition Bureau Letter from Richard Lemon, Davis School District, to Federal Communications Commission, filed December 20, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Richard Lemon, Davis School District, dated January 19, 2001 (Rejection Letter). Id. Letter from Richard Lemon, Davis School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 28, 2001. Id.
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- Bureau Letter from the School District of Volusia County, to Federal Communications Commission, filed April 16, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999), at 19 (FCC Form 471 Instructions). FCC Form 471, School District of Volusia County, filed January
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- York, dated January 2, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Carrier Bureau Letter from Charles Stallard, Henrico County Public Schools, to Federal Communications Commission, filed August 16, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). >. The re-opened window closed on March 31, 2000. Id. Request for Review, at 1. FCC Form 470, Henrico County School District, posted December 20, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul F. Kolmetz, Henrico County School District, dated July 17, 2000 (Rejection Letter). Request for Review, at
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- Carrier Bureau Letter from Louis Treleani, Penn Hills School District, to Federal Communications Commission, filed February 28, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Penn Hills School District, filed January 14, 2000. Universal Service Administrative Company, Schools and Libraries Division, 471 PIA Review Log, Penn Hills School District, February 22, 2000, (FRN 348764 was changed from telecommunications services to internal connections). Letter from Schools and Libraries Division, Universal Service Corporation to Louis Treleani, Penn Hills School
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School District, postmarked April 21, 2000 (Receipt Notification); see also Letter from Diane DeBlock, Ringwood Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed May 1, 2000 (Appeal to SLD), Attachment. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- that the Waiver Request filed by Tuxedo Park School, Tuxedo Park, New York, on January 30, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James T. Burger, Tuxedo Park School, to Federal Communications Commission, filed January 30, 2001 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request, at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- Review indicates that it was intended as an appeal to the Commission. Request for Review at 1. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.511(c)(1); see also Fourth Reconsideration Order, 13 FCC Rcd at 5441, para. 217 (1998). In June 1998, the Commission changed the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 - December 31) to a fiscal year cycle (July 1 - June
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- this application is remanded to SLD for further processing consistent with this opinion. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Pamela Kimball and A. Keith Ober, Alton Elementary School - Maine School Union #90, to Federal Communications Commission, filed October 4, 2000 (Request for Waiver). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4), 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Request for Waiver, at 1; see also FCC Form 470, Alton Elementary School, posted December 29, 1999 (Alton Form 470) (indicating a certification received date of December 15, 1999). Request for Waiver, at 1. Alton Form 470. FCC
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- this opinion. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Warren Anderson, Fort Worth Independent School District, to Federal Communications Commission, filed September 14, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bureau Letter from Tom Ward, School District of La Crosse, to Federal Communications Commission, filed February 20, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding
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- 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Conrad Spirrison, Deer Park Community Consolidated Elementary School District No. 82, dated March 22, 2001 (Rejection Letter), at 1. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 4 Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Wireline Competition Bureau Letter from Bob G. Carnal, Intelenet Commission, to Federal Communications Commission, filed July 17, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Request for Review by Naperville Community Unit School District 203, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 5032 (2001). Id. Letter from
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- from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tyrone Pipkin, North Chicago Community Unit School District 187, dated February 16, 2000 (Rejection Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Competition Bureau Letter from Lynne Wendt, Our Lady of Loretto, to Federal Communications Commission, filed July 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynne Wendt, Our Lady of Loretto, dated June 26, 2001 (Administrator's Decision on Appeal), at 1-2. In Funding Year 4, the total amount of discounts requested was $5.195
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- Wireline Competition Bureau Letter from Daniela Tattoli, Spingfield Public Schools, to Federal Communications Commission, filed May 23, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471. FCC Form 471, Block 5. Id.; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (October 2000) (FCC Form 471 Instructions). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company,
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- of applicant North Dakota School Net, to Federal Communications Commission, filed October 18, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- which the funding period starts. Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). FCC Form 471, Mississippi Department of Human Services, Division of Youth Services, filed January 16, 2001 (MDHS Form 471); FCC Form 470, Mississippi Department of Human Services, Division of Youth Services, filed December 13, 2000 (MDHS Form 470). Universal Service Administrative Company, Schools and Libraries Division, Application Activity Report, Mississippi
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- July 1, 2001 and ends on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD
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- (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 897 F.2d at 1159 (stating that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis). See Waiver Request. Id. Waiver Request. Id. Id. 47 C.F.R. 54.504(b),(c). >. 03-1139 03-1139 h ' ( * 9 Q R X l
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- Review). Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated July 23, 2001 (Funding Commitment Decision Letters); Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated October 1, 2001 (Administrator's Decision on Appeal Letters). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Thus the funding period which began on July 1, 2001 and ended on June 30, 2002 is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. 54.504(c), 54.507(g). >. See FCC Form 470, WestCEL, filed December 27, 2000. See id.; 47 C.F.R. 54.504(b)(4). See FCC Form 471, WestCEL, filed January 16, 2001. WestCEL cites to the Administrator's Decision on Appeal stating that
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- Thus the funding period which began on July 1, 2001 and ended on June 30, 2002 is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See id. The funding period which began on January 1, 1998 and ended on June 30, 1999 is now called Funding Year 1998. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- from Jennifer McMurray, The Calhoun School, to Federal Communications Commission, filed March 11, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). (Form 471 Receipt Acknowledgement Letter). In prior years, Funding Year 2001 was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously referred
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Services (Orleans/Niagara), and Steuben/Allegany Board of Cooperative Educational Services (Steuben/Allegany), filed August 13, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form OMB 3060-0806 (November 2001) (FCC Form 471). Id. Id. > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. FCC Form 471, Erie 1, filed January 17, 2002; FCC Form 471, Erie 2, filed January 17, 2002; FCC Form 471, Cattaraugus/Allegany, filed January 17, 2002;
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- See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Glover Elementary School, filed January 29, 2001 (Glover Form 471). Id. (postmark date on envelope containing certification and attachments). We note that Glover's Waiver Request incorrectly states that
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- Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, What's New (November 2, 2000) . Id. Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michelle Burton, Union Township School, dated October 5, 2001 (referring to application No. SLD-260894), and Letter from Schools and Libraries Division,
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- is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. (Yeshiva FCDL). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Second Report and Order, 18 FCC Rcd at 9225, 66. See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). ``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal
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- Harrisonburg City Schools, to Universal Service Administrative Company, Schools and Libraries Division, dated Aug. 10, 2001. Letter from Universal Service Administrative Company, Schools and Libraries Division, to Denise Dawson, Harrisonburg City Schools, dated Oct. 2, 2001. Request for Review at 2. Id. Id. See FCC Form 470, Harrisonburg City School District, filed November 30, 2000. See id.; 47 C.F.R. 54.504(b)(4). (Cochrane-Fountain City School District Order). Cochrane-Fountain City School District Order, 15 FCC Rcd at 16631, para. 6. Id. Id. at 16631, paras. 6-7. Id. at 16631, para. 7. Id. at 16631, n. 24. 47 C.F.R. 54.511(c). (...continued from previous page) (continued....) Federal Communications Commission DA 03-3049 Federal Communications Commission DA 03-3049 C D E G H i j
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- Young, Dickey LaMoure Multidistrict Special Education, to Federal Communications Commission, filed July 8, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 2002) (FCC Form 471 Instructions) at 5. See FCC Form 471, Dickey LaMoure Multidistrict Special Education, filed January 16, 2002 (Dickey LaMoure Form 471). Dickey LaMoure had previously begun a separate FCC Form 471, SLD File No.
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- a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Alan Welch, Grain Valley R-5 School District, dated July 23, 2001. FCC Form 470, Grain Valley R-5 School District, filed November 1, 2000. 47 C.F.R. 54.504 (b)(4). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. Id.; 47
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- Competition Bureau Letter from Lena K. Carichner, Hughesville Public Library, to Federal Communications Commission, filed August 9, 2002 (Request for Review). Id. The Commission's rules provide that, with one limited exception for existing, binding contracts, an eligible school, library, or consortium that includes eligible schools or libraries must seek competitive bids for all services eligible for support. 47 C.F.R. 54.504, 54.511(c). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for
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- Year 5. Thus, the funding period that began on July 1, 2002 and ended on June 30, 2003, is now called Funding Year 2002. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503, 54.504. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2001) at 8; and SLD website, Form 471 Minimum Processing Standards and Filing Requirements for FY 5, . Request for Review. Id. Request for Review at attachment 1. Id.; FCC Form 471, Northwest Tri-County Intermediate Unit, File Nos. SLD-306571, 308208,
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- Board on Universal Service, Order, CC Docket No. 96-45, DA 00-2900 (Com. Car. Bur., rel. December 27, 2000) (December 2000 Order). See also May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5991-94, paras. 17-23 (1999); 47 C.F. R. 54.504(a). See November 2000 Extension Order, 15 FCC Rcd at 21878-21879. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972); Northeast Cellular, 897 F.2d at 1166. WAIT Radio, 418 F.2d at 1159. Non-Recurring Services Order, 16 FCC Rcd at 13512,
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- July 2, 2002 (Request for Review). Id. See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Dana Watson-Lamprey, Prospect Sierra School, dated June 24, 2002 (Administrator's Decision on Appeal). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. See 47 C.F.R. 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. 47 C.F.R. 54.504(c); Schools and Libraries
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- which began on July 1, 2001 and ends on June 30, 2002, previously would have been known as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. Id.; SLD Filing Window Notice. See SLD Filing Window Notice. FCC Form 471, St. John Vianney High School, filed January 18, 2001 (electronic portion
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (FCC Form 471 Instructions). See also 47 C.F.R. 54.504(c). FCC Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471 Instructions at 4-5. Block 6
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- Schools, on behalf of Waldwick School District, to Federal Communications Commission, filed January 28, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review. 47 C.F.R. 54.502-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(c). Id. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 471 Instructions) at 19. Id. (``Signed contracts: You MUST have a signed contract (or a legally binding agreement between you and your service provider preparatory to
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- School District, entry dated May 16, 2001. Id. Although SLD reduces a funding request to exclude the cost of ineligible services in circumstances where the ineligible services represent less than 30 percent of the total funding request, SLD will deny a funding request in its entirety if ineligible services constitute more than 30 percent of the total. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 03-101 (rel. April 30, 2003), paras. 40-41. See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). FCC Form 471, Lower Yukon School District, filed January 18, 2000. Id. Id. Id. Id. A Media Convergence Server is a product sold by Cisco that can support telephony and video over a traditional data network system. Applicants may only seek support for eligible services. 47 C.F.R. 54.504 et seq. Although SLD reduces a funding request to exclude the cost of ineligible services in circumstances where the ineligible services represent less than 30 percent of the total funding request, SLD will deny a funding request in its entirety if ineligible services constitute more than 30 percent of the total. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service
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- filed August 9, 2001 (SLD Appeal Letter) at attachment. See January 31 Fax; PIA Exception Documentation. The five users determined to be ineligible by SLD actually totaled $82.34. Because SLD used $82.33 in its computations, and we believe that the $0.01 difference is inconsequential for purposes of our analysis, we will use $82.33 in the instant Order. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (October 2000) at 17 (Form 471 Instructions). Form 471 Instructions at 20. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 03-101 (rel. April
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- from Schools and Libraries Division, Universal Service Administrative Company, to Bill Olson, Sayville Library, dated February 26, 2002. FCC Form 471, Sayville Library, filed January 10, 2002 (Sayville Form 471), at Block 1. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (Current Form 471); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- See FCC Form 471 (File No. SLD-258994), Lacey Township School District, incomplete. See Waiver Request. See id. See id. See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in a licensing issue, because it was arbitrary and capricious). See 47 C.F.R. 54.504(b), (c). See Waiver Request. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions) at 5 (``You may file more than one Form 471. For example, you may file one Form 471 for internal connections, one for Internet access, and one for telecommunications services . .
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- which began on July 1, 2002 and ends on June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Siskiyou County Library, filed January 23, 2002 (Siskiyou Form 471). Waiver Request (attaching copy of the invoice in question with two line items totaling more than $12,000). Waiver Request. Siskiyou Form 471 (the electronic portion
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Second Report and Order, 18 FCC Rcd at 9225, 66. See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). ``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal
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- 17 FCC Rcd 3145 (Com. Car. Bur. 2002). See also Request for Review by Naperville Community Unit School District 203, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 5032, para. 12 (2001). Consistent with sections 54.504(c) and 54.507(c) of the Commission's rules, applicants are not permitted to amend completed FCC Forms 471 to change service categories after closure of the filing window deadline. 47 C.F.R. 54.504(c), 54.507(c). See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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- July 1, 2001 and ends on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, New Carlisle Olive, filed January 29, 2002. Waiver Request. See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Homer Community Consolidate S.D 33C, Federal-State Joint Board on Universal
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Marshall County also appealed SLD's denial of its funding request for Internet access services and internal connections services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Marshall County filed a request to withdraw its appeal concerning
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- (5:44 p.m.) (June 29 Facsimile). We note that this totaled 255 cellular phones, 5 more than were originally requested. See Funding Commitment Decision Letter at 7 (``30% or more of this FRN includes a request for cellular service for Technology Specialists which are ineligible to receive service(s) based on program rules.''). See Request for Review at 2-5. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (October 2000) at 17 (Form 471 Instructions). Form 471 Instructions at 20. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 03-101 (rel. April
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- C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated July 1, 2002 (Administrator's Decision on Appeal). See also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated April 24, 2002 (Funding Commitment Decision Letter). Request for Review. See 47 C.F.R. 54.504, 54.511(c) (Commission's rules provide that, with one limited exceptions for existing, binding contracts, an applicant must comply with the Commission's competitive bidding requirements, including the posting of a FCC Form 470 on SLD's website for 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471). See also Request for
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- FCC Form 470 requesting services. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. 47 C.F.R. 54.504(c); see also, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating that the Commission may take into account considerations of hardship, equity,
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- rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michael R. Williams, Aberdeen School District No. 5, dated June 24, 2002 (Administrative Decision on Appeal). 47. C.F.R. 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions). ; Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form
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- filed April 12, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-9079 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(c). FCC Form 470, Erie 1
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- Whitfield, Terrebonne Parish School District, dated July 8, 2002 (Administrative Decision on Appeal). FCC Form 471, Terrebonne Parish School District, filed December 26, 2001 (Terrebonne Form 471). Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Grace Whitfield, Terrebonne Parish School District, dated April 24, 2002 (Funding Commitment Decision Letter). Id. See also 47 C.F.R. 54.504(b)(4). Letter from Grace Whitfield, Terrebonne Parish School District, to Federal Communications Commission, filed May 1, 2002. FCC Form 470, Terrebonne Parish School District, certified December 14, 1998 (Form 470 # 352840000116488). Id. See also Funding Commitment Decision Letter. See Administrative Decision on Appeal. Id. Request for Review at 3. . 47 C.F.R. 54.504(b). See also Instructions for Completing the
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- C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to William Dodd, Ticonderoga Central School District, March 6, 2003 (Administrative Decision on Appeal). Request for Review. See also FCC Form 471, Ticonderoga Central School District, filed January 16, 2002. Id. See FCC Form 470, Ticonderoga Central School District, posted December 17, 2001. See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). Administrative Decision on Appeal. . ; Request for Review by Gustine Independent School District, Federal-State Joint
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- Car. Bur. rel. Dec. 21, 1999). . See also Request for Waiver by Roanoke Rapids Graded School District, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File Nos. SLD-222879, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd 23514 (Wireline Comp. Bur. 2002). See 47 C.F.R. 54.504(b); Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions) at 2-3. See Request for Waiver by Lombard School District 44, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-109411, CC Docket Nos. 96-45 and 97-21, Order, 14 FCC Rcd
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- Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R 54.719(c). . . The Administrator must post the Form 470 on its website, and the applicant is required to wait 28 days before making a commitment with a selected service provider. 47 C.F.R. 54.504(b)(4). SLD web site, What's New (November 2000) <> See FCC Form 470 Instructions. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Richard Peterson, Meritide, Inc., dated February 5, 2002, regarding SLD Application Number 259869; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Richard Peterson, Meritide, Inc., dated February 5, 2002, regarding SLD Application Number
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- See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bruce Kalter, Donna Public Library, dated April 10, 2003, regarding SLD application number 319218; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bruce Kalter, Donna Public Library, dated April 10, 2003, regarding SLD application number 324301. See Request for Review. Id. See 47 C.F.R. 54.504. See FCC Form 471 Instructions at 8. See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-112605, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 23,820 (Com. Car. Bur. 2003). See Request for Review by Cheney Public
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- and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). ; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See FCC Form 471, Custer County C-1 School District, filed January 20, 2004; FCC Form 470, Custer County C-1 School District, posted January 5, 2004. See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and must wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). Request for Review at 2-3. . ; Request for Review by Gustine Independent School District,
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- Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). ; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review at Attachment 1. See also FCC Form 470, Butte High School, posted January 7, 2004. See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and must wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). Request for Review at 1. Id. . ; Request for Review by Gustine Independent School
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- Texas, on June 30, 2000, IS GRANTED and REMANDED to SLD for further processing in accordance with this Order. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Sherian Keeling, Gainesville Independent School District, to Federal Communications Commission, filed June 30, 2000 (Request for Waiver). 47 C.F.R. 1.3. 47 C.F.R. 54.504(c), 54.507(g). Id. The deadline for Funding Year 2000 applications was January 19, 20000. See SLD website, . Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935, paras. 8-9. Id. Id. See Id., 15 FCC
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- opportunity to compete for the same contract, schools or libraries can enter into renewable contracts of any length or form, as permitted by state law.'') See Request for Review at Attachment 3; FCC Form 471, Brunswick County Schools, filed January 17, 2004; FCC Form 470, Brunswick County Schools, posted December 2, 2003 (Form 470 #177240000475096). See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). E-mail from Leonard Jenkins, Brunswick County Schools, to Bob Hellwig, Schools and Libraries Division, Universal Service
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- utilizes a thirty percent processing benchmark when reviewing funding requests that include both eligible and ineligible services. This thirty percent benchmark was codified by the Commission in 2003. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9215-9216, paras. 38-41 (2003); 47 C.F.R. 54.504(d). Under this benchmark, if thirty percent or more of the request seeks funding for ineligible services, the Administrator will deny the funding request in its entirety. 47 C.F.R. 54.504(d). Request for Review by Iroquois West School District 10, Schools and Libraries Universal Service Support Mechanism, File No. SLD-343292, CC Docket No. 02-6, Order, 20 FCC Rcd 540 (Wireline Comp.
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- Letter from Roger E. Waley, New Albany-Floyd County Consolidated School Corporation, to Federal Communications Commission, filed August 19, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See FCC Form 470, New Albany-Floyd County Consolidated School Corporation, posted March 4, 1999. The allowable
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- Order) (describing the functions of the Schools and Libraries Committee). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include, but are not limited to, ``development of applications and associated instructions,'' and ``administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations.'' See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 17 (October 2000) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- ) CC Docket No. 02-6 Charleston, West Virginia ) ) Schools and Libraries Universal Service ) Support Mechanism ) order Adopted: July 26, 2005 Released: July 27, 2005 By the Telecommunications Access Policy Division, Wireline Competition Bureau: I. INTRODUCTION In this Order, we grant the petition of the West Virginia Department of Education (West Virginia) seeking a waiver of section 54.504(c) of the Commission's rules to enable West Virginia schools to use state master contracts to apply for universal service support under the schools and libraries support mechanism for Funding Year 2005 and future funding years. We find that this waiver is in the public interest and warranted by the special circumstances of applicants utilizing state master contracts in the state
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- Order) (describing the functions of the Schools and Libraries Committee). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include, but are not limited to, ``development of applications and associated instructions,'' and ``administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations.'' See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806, at 20 (October 2003) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also USAC website, . See USAC website, PIA, . See FCC Form 471, Houston Independent School District, filed February 3, 2004
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- utilizes a 30 percent processing benchmark when reviewing funding requests that include both eligible and ineligible services. This 30 percent benchmark was codified by the Commission in 2003. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9215-9216, paras. 38-41 (2003); 47 C.F.R. 54.504(d). Under this benchmark, if 30 percent or more of the request seeks funding for ineligible services, the Administrator will deny the funding request in its entirety. 47 C.F.R. 54.504(d). Request for Review by Iroquois West School District 10, Schools and Libraries Universal Service Support Mechanism, File No. SLD-343292, CC Docket No. 02-6, DA 05-54, para. 5, released January 11,
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- District 10, to Federal Communications Commission, filed June 16, 2003 (Request for Review). Any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Scott J. Oyer, Iroquois School District 10, May 1, 2003. 47 C.F.R. 54.504 et seq. See, e.g., Request for Review by Fairfax County Public Schools, Schools and Libraries Universal Support Mechanism, File No. SLD-266045, CC Docket No. 02-6, Order, 19 FCC Rcd 8899 (2004). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and
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- (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- I. INTRODUCTION In this Order, we grant three appeals of decisions by the Universal Service Administrative Company (USAC) filed by Richmond County School District, Hamlet, North Carolina (Richmond County) denying Richmond County funding for discounted services under the schools and libraries universal service support mechanism. We grant two appeals on the merits and, for the third appeal, we waive section 54.504(c) of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471, because Richmond County's violation of this rule was only technical in nature and Richmond County's other actions mitigate any concern over the rule violation. We remand the appeals to USAC for
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- a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maxter E. Allen, Anson County School District, dated February 10, 2006 (re: Funding Request Number 1317636) (USAC Decision on Appeal). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.508(a)(3), (4). See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, 13 FCC Rcd 24493 (1997),
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- that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeff Tice, Hickory City School District, dated June 22, 2004 (FCDL). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.508(a)(3), (4). See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, 13 FCC Rcd 24493 (1997),
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- an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Gregg Sinders, Jennings County Schools, dated Jan. 20, 2006 (USAC Decision on Appeal). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.508(a)(3), (4). See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, 13 FCC Rcd 24493 (1997),
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- See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25075-76, paras. 30-31 and 34 (1998). See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806, at 20 (October 2003) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also USAC website, . See, e.g., Letter from Schools and Libraries Division, Universal Service Administrative Company, to Henkels & McCoy, Inc,
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- Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Clementina Jimenez, Wyoming Department of Education, dated Feb. 24, 2005; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Clementina Jimenez, Wyoming Department of Education, dated Nov. 17, 2005 (collectively, Administrator's Decisions on Appeal). 47 C.F.R. 54.501-54.503. . 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- discounted services such as tariffed telecommunications services, month-to-month Internet access, cellular services, paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471, after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all
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- and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.500(g) (defining ``master contract'' as a contract negotiated with a service provider by a third party, the terms and conditions of which are then made available to an eligible school, library, rural health care provider, or consortium that purchase directly from the service provider.). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap
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- a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Arthur J. Mendonca, Providence Public Schools, dated November 23, 2005 (USAC Decision on Appeal); 47 C.F.R. 54.506(b). See infra paras. 7-8. 47 C.F.R. 54.501-54.504. See 47 C.F.R. 54.504; Instructions for Completing the Universal Service Schools and Libraries Services Ordered and Certification Form, OMB 3060-0806, at 17 (November 2004) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses); see also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- approved by the State of Maine had [USAC] asked.'' The District provided a copy of its approved technology plan for FY 2005 with its appeal to USAC and with its appeal to the Commission. III. DISCUSSION Based on the specific facts presented here, we grant the District's Request for Review. We find that the District satisfied our requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. We note that USAC reduced the District's E-rate funding not because the District failed to develop and obtain approval of a technology plan, but because the District provided USAC with a copy of the wrong technology plan. This error resulted from a miscommunication between USAC and
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- the Universal Service Administrative Company (USAC) denying an application for discounted services under the schools and libraries universal service support mechanism (E-rate program) for Funding year (FY) 2005. The application was denied because the contract date on the agreement did not accompany the signature lines of both Gayville-Volin and its service provider. We find that Gayville-Volin did not violate section 54.504(c) of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. We remand the appeal to USAC for action consistent with this Order, and, to ensure that it is resolved expeditiously, we direct USAC to reinstate the funding commitment no later than
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- Bureau Letter from Victor E. Stannish, Douglas-Omaha Technology Commission, to Federal Communications Commission, filed Dec. 21, 2005 (Request for Waiver). Funding Year 2004 started on July 1, 2004 and ended on June 30, 2005. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002)
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- Competition Bureau Letter from Ron Milliner, Owensboro Public Schools, to Federal Communications Commission, filed Aug. 9, 2006 (Request for Waiver). Funding Year 2003 started on July 1, 2003 and ended on June 30, 2004. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002)
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- taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). Funding Year 2004 started on July 1, 2004 and ended on June 30, 2005. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002)
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- and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (2000 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Receipt of
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- an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.505. If the technology plan has not been approved when the applicant files the Form 470, the applicant must certify that it understands that the technology plan must be approved prior to commencement of service. 47 C.F.R. 54.504(b)(2)(vii). 47 C.F.R. 54.504(b)(4). See 47 C.F.R. 54.504(c). One purpose of this form is for the applicant to complete the discount calculation worksheet and for the applicant to indicate its discount percentage. 47 C.F.R. 54.505(b). 47 C.F.R. 54.505(b)(1). 47 C.F.R. 54.505(b)(3)(i), (ii). 47 C.F.R. 54.505(c). Block 4 of the FCC Form 471 asks the school
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- 11, 2006) (Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- Jersey had no intention of seeking new bids before or during the funding year, and the extension process simply continued the contract that the state had previously utilized. III. DISCUSSION We grant Paterson's appeal of the decision by USAC rescinding funding on the basis that Paterson did not have a signed valid contract that covered the entire funding year. Section 54.504(c) requires that an applicant have a signed contract in place before filing its FCC Form 471. The record demonstrates that Paterson accepted the service provider's offer of services pursuant to an existing state master contract before filing its FCC Form 471 and that the state master contract was continuously in effect throughout Funding Year 2004. We find that USAC's policy
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- with the terms of this Order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of
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- Glendale Unified School District, Glendale, California, to Federal Communications Commission, filed November 4, 2005 (Request for Review and/or Waiver). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c); Instructions for Completing the Universal Service Schools and Libraries Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 2002) (FCC Form 471 Instructions). FCC Form 471 Instructions at 25. Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form
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- Order) (describing the functions of the Schools and Libraries Committee). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include, but are not limited to, ``development of applications and associated instructions,'' and ``administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations.'' See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806, at 20 (October 2003) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also USAC website, . See USAC website, PIA, . See FCC Form 471, Quinter Public Schools Unified School District No. 293,
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- Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Anthony Dixon, Coahoma County School District, dated Aug. 4, 2005 (Administrator's Decision). See 47 C.F.R. 54.504. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See FCC Form 471. See also 47 C.F.R. 54.504. . . See Beginning With Children, 18 FCC Rcd at 940, para. 9; 47 C.F.R. 54.504. See Request for Review by Beginning With Children Charter School, and Yeshiva Karlin-Stolin, Federal-State Joint
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- after August 13, 2001, the appeal must be filed with USAC within 60 days of the issuance of the decision that the party seeks to have reviewed. 47 C.F.R. 54.720(b). See 47 C.F.R. 54.501-54.503. See, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471). 47 C.F.R. 54.504(c). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, 14 FCC Rcd 13734 (1999)
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- I. INTRODUCTION In this Order, we grant a request for review by Dallas Independent School District (Dallas) of a decision by the Universal Service Administrative Company (USAC) denying an application for discounted services for Funding Year 2004 under the schools and libraries universal service support mechanism (also known as the E-rate program). We find that Dallas did not violate section 54.504(c) of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. Accordingly, we remand the appeal to USAC for action consistent with this Order and direct USAC to complete its review of the remanded application expeditiously. II. BACKGROUND Under the E-rate program,
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- concludes that the posting of the bid proposal on the USAC website is an acceptable means of assuring a competitive bidding process. Because all the requests for funding at issue followed USAC and the Commission's competitive bidding rules and regulations, as well as applicable state laws, as required by program rules, we conclude that Petitioners were in compliance with section 54.504(a) of the Commission's rules. Accordingly, we grant Petitioners' Requests for Review. IV. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.722(a), that the Requests for Review filed by Petitioners on August 23, 2004, August 17, 2004, and July 27, 2004, ARE GRANTED,
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- Wyoming), filed Requests for Review of decisions by the Universal Service Administrative Company (USAC or Administrator). The USAC decisions at issue denied funding for discounted services for Funding Years 2000 and 2001 of the schools and libraries universal service mechanism. Consistent with precedent, we deny the Requests for Review. On our own motion, however, we find that waiver of section 54.504(b) of the Commission's rules is in the public interest and warranted by the special circumstances of applicants utilizing state master contracts in Wyoming. II. BACKGROUND Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. The Commission's
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- by the State of Wyoming, to Federal Communications Commission, SLD File No. 202111, filed December 20, 2002; Request for Review by the State of Wyoming, to Federal Communications Commission, SLD File No. 218236, filed February 12, 2003. In a separate order released today, the Bureau denies Wyoming's Requests for Review, but, on its own motion, grants a waiver of section 54.504(b) of the Commission's rules. Specifically, the Bureau finds that a waiver of the 28-day competitive bidding rule is appropriate to enable Wyoming public schools to obtain services from the Wyoming state master contract. See Request for Review by the Wyoming Department of Education of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45, 97-21, Order, DA 06-484 (Wireline
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- to Federal Communications Commission, dated September 14, 2005 (Request for Review for File No. SLD-415257) (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). 47 C.F.R. 54.504(b)-(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). See FCC Form 471. The FCC Form 471
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- order Adopted: April 3, 2006 Released: April 3, 2006 By the Chief, Wireline Competition Bureau: In this Order, we grant the appeal of a decision by the Universal Service Administrative Company (USAC) rescinding funding already committed to the Illinois School for the Visually Impaired (Illinois School) for discounted services under the schools and libraries universal service mechanism. We waive section 54.504 of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. We remand the appeal to USAC for action consistent with this Order, and, to ensure that it is resolved expeditiously, we direct USAC to reinstate the funding commitment no later than
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- Education ) CC Docket No. 02-6 Frankfort, Kentucky ) ) Schools and Libraries Universal Service ) Support Mechanism ) MEMORANDUM OPINION AND order Adopted: March 9, 2007 Released: March 9, 2007 By the Acting Deputy Chief, Wireline Competition Bureau: I. INTRODUCTION In this Order, we grant the petition of the Kentucky Department of Education (Kentucky) seeking a waiver of section 54.504(c) of the Commission's rules to enable Kentucky schools to use state master contracts to apply for universal service support under the schools and libraries support mechanism for Funding Year 2005 and future funding years. As explained below, we find that this waiver is in the public interest and warranted by the special circumstances surrounding the use of state master contracts
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- Administrator by Bishop Perry Middle School, New Orleans, LA, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487170, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 5316 (2006) (Bishop Perry Order) (waiving the Commission's rules to, inter alia, allow applicants' to timely file their FCC Forms 471). Id. 47 C.F.R. 54.501-54.504. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). Id. 47 C.F.R. 54.507. See Appendix. The Commission may waive any provision of its rules on its own motion and for good cause shown. 47 C.F.R. 1.3. A rule may be waived where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166
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- (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- seek review from the Commission. 47 C.F.R. 54.719(c). For purposes of this Order, decisions by both the Schools and Libraries Division and USAC will be referred to as decisions issued by USAC. Although we grant the appeals addressed here, we make no findings as to the ultimate eligibility of the requested services. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). Id. 47 C.F.R. 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Funding Year 2001 FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47
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- find that the competitive bidding process in the instant matter violated the letter, spirit and intent of the Commission's competitive bidding requirements. Although compliance with any applicable state and local procurement laws is one of the minimum requirements for selecting services under the E-rate program, there are also certain specific Commission requirements with which all E-rate applicants must comply. Section 54.504(a) of the Commission's rules specifically states that the Commission's ``competitive bid requirements apply in addition to state and local competitive bidding requirements.'' While Send Technologies points out that the Investigative Audit Report determined that the Union Parish employee's 15 percent interest in Send Technologies did not by itself violate Louisiana state law, Send Technologies fails to make mention of other
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- request. In a sixth appeal, USAC rejected the funding request of Richland Parish School District (Richland Parish) because it did not produce an RFP as required by Louisiana Public Bid Law. Specifically, in the case of NAFI, based on the facts and circumstances of this specific case, we find that good cause exists to grant a limited waiver of section 54.504(b) of the Commission's rules. According to its FCC Form 470, NAFI was seeking vendor proposals for telecommunications service, Internet access, and internal connections. In its Request for Review, NAFI states that although it indicated on its FCC Form 470 that an RFP would be available upon request, it decided not to produce an RFP document until it received a request
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- the Universal Service Administrator by Virginia State Department of Education, Richmond, Virginia, File No. SLD-163045, CC Dockets No. 96-45 and 97-21, Order, 17 FCC Rcd. 8677 (Wireline Comp. Bur. 2002) (Virginia DOE Order). Parties may seek reconsideration from a final action of the Commission or its designated authority. 47 C.F.R. 1.106. 47 C.F.R. 54.501-54.504. See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000), at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities, or uses); see also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- to a provider that was not eligible to provide telecommunications on a common carrier basis, petitioners claim that they had indeed sought service from a telecommunications carrier. We find that if petitioners are given an opportunity to correct the incorrect SPINs, they may be eligible for funding under the E-rate program. To the extent necessary, we therefore also waive section 54.504(c) of the Commission's rules in order to allow petitioners to correct the SPIN errors on their FCC Forms 471. We thus remand the underlying applications associated with these appeals to USAC for further action consistent with this Order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the
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- 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review. Although we grant the appeal addressed here, we make no finding as to the ultimate eligibility of the requested services. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). Id. 47 C.F.R. 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket
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- Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 12294 (2003); 47 C.F.R. 54.514(b). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. 54.504(h). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. 54.508(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ( ) < E
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- seek review from the Commission. 47 C.F.R. 54.719(c). Although we grant the appeals addressed herein, we make no finding as to the ultimate eligibility of the applicants, consortia members, or the requested services. 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (Funding Year 2006 FCC Form 470). The FCC Form 471 notifies USAC of the services that have been ordered, the service providers with which the applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to
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- this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that the requirements contained in sections 54.504(c) and 54.507(c) of the Commission's rules, section 47 C.F.R. 54.504(c) and 54.507(c), ARE WAIVED as described herein. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of the Commission's
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- and Libraries support mechanism, these rules ensure that eligible schools, libraries, and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Numbers and Titles: 54.500 Terms and definitions. 54.501 Eligibility for services provided by telecommunications carriers. 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.513 Resale and transfer of services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support
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- from the Commission. 47 C.F.R. 54.719(c). Funding Years begin July 1 and run through June 30 of the following year. In performing a complete review and analysis of the underlying applications, USAC shall either grant the application, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). The FCC Form 471 is the Services Ordered and Certification Form. Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc. of the Decision of the Universal Service Administrator, Request for Review by Education Networks
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- filed with the Commission by Approach Learning. Id. See Petition at Exhibit 1 (Civil Settlement); infra. para. 4. In performing a complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). Id.; see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, paras. 572-579 (1997) (Universal Service First Report and Order) (subsequent history omitted). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). Id. 47
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- Mar. 20, 2007) (Cityroots Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). Hewlett Packard Company subsequently acquired Compaq Computer Company in 2002. See http://www.pcworld.com/article/id,97944-page,1/article.html (retrieved Aug. 11, 2008). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(a)-(c), 54.511. 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). The RFP must be available to all potential bidders for the duration of the bidding process. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, Instructions for Completing Description
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- Commission's competitive bidding requirements. We find that Grand Rapids should be allowed to correct the error on its FCC Form 471 that served as the basis for USAC's denial of funding. We therefore grant Grand Rapids' request for review and remand the underlying application to USAC for further action consistent with this order. To the extent necessary, we waive section 54.504(c) of the Commission's rules to allow Grand Rapids to amend its original FCC Form 471 application submitted to USAC. To ensure that the underlying application is resolved expeditiously, we direct USAC to complete its review of the underlying application and issue an award or denial based upon a complete review and analysis no later than 60 calendar days from the
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- from the Commission. 47 C.F.R. 54.719(c). Funding Year 2005 started on July 1, 2002 and ended on June 30, 2003. In performing a complete review and analysis of the underlying applications, USAC shall either grant the application, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c); Instructions for Completing the Universal Service Schools and Libraries Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 2002) (FCC Form 471 Instructions). FCC Form 471 Instructions at 25. Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form
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- this appeal involves a clerical error on the part of Hillsboro when it selected the wrong classification of service on its FCC Form 471. As the Commission has previously noted, we do not believe that such minor mistakes warrant the complete rejection of an applicant's E-rate application. Therefore, to the extent necessary, we also grant Hillsboro a waiver of section 54.504(c) of the Commission's rules, which requires applicants to submit a completed FCC Form 471 to USAC. Request for Proposal. USAC denied four of Hillsboro's funding requests because Hillsboro failed to inform bidders that an RFP was issued. The Commission has previously found that the FCC Form 470 is the only ``posting'' necessary to fulfill the Commission's competitive bidding requirement. Here
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- Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from KPMG to Universal Service Administrative Company (dated April 24, 2003) (independent accountants' report on Biblioteca Residencial Aguadilla: Funding Year 2000) (KPMG Audit Report). See 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(a). There is, however, one limited exception for preexisting, binding contracts. 47 C.F.R. 54.511(c). See Request for Review by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., SPIN-143006149, CC Docket No. 96-45, 16 FCC Rcd 4028, 4033, para. 10 (2000). The Commission also recognized that
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- Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Universal Service Administrative Company, Schools and Libraries Division, to Chris Webber, Liberal Unified School District (dated Apr. 13, 2004) (Administrator's Decision on Appeal). 47 C.F.R. 54.504(a)-(c). We estimate that the appeal granted in this Order involves an application for approximately $691,693.00 in funding. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Fourth Quarter 2008 (Aug. 1, 2008). Thus, we determine that the action we take
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- of a decision by the Universal Service Administrative Company (USAC) that denied funding to Radford under the schools and libraries universal service support mechanism, also known as the E-rate program, on the grounds that Radford did not submit its FCC Form 470 signed certification page prior to filing its FCC Form 471 for Funding Year 2001. Specifically, we waive section 54.504(b)(2) of the Commission's rules, which requires that an applicant's FCC Form 470 be certified prior to the filing of its FCC Form 471. We remand the appeal to USAC for action consistent with this order. To ensure that the underlying application is resolved expeditiously, we direct USAC to complete its review of the application and issue an award or denial
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- USAC, Schools and Libraries Division, to Ron Davis, West Branch-Rose City Area Schools at 1-2 (dated Aug. 29, 2005). In performing a complete review and analysis of the underlying matter, USAC shall either grant the requested reimbursement, or, if denying the requested reimbursement, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.504. 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See USAC website, Receive Your Funding Decision, http://www.universalservice.org/sl/applicants/step09/ (retrieved Oct. 28, 2008). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9217-19, paras. 44-50 (2003)
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- for Academic Excellence, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-539076, 539722, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 4747 (Wireline Comp. Bur. 2007) (Academy for Academic Excellence Order) (granting similar waivers to those granted in the Commission's Bishop Perry Order); see 47 C.F.R. 54.507(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. 54.507(c). A review of E-rate funding since 1999 shows that E-rate funds have been exhausted before satisfying all of the priority two funding requests of those applicants who filed within
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- eligible to provide telecommunications service is a clerical, ministerial or procedural error, and therefore, complete rejection of these applications is not warranted. Thus, the Bureau determined that if the petitioners had been given an opportunity to correct the SPINs, they may have been eligible for funding under the E-rate program. Additionally, to the extent necessary, the Bureau also waived section 54.504(c) of the Commission's rules to allow the petitioners to correct the SPIN errors on their FCC Forms 471. Accordingly, the Bureau remanded the underlying applications associated with these appeals to USAC for further action consistent with that order. DISCUSSION We grant the petitioners' Requests for Review. USAC denied applicants E-rate discounts on telecommunications services finding that their service providers were
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- and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (2000 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Receipt of
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- this order. In this order, we use the term ``appeals'' to generally refer to requests for waiver and requests for review of decisions issued by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.504 (a)-(c). Although we grant the appeals with respect to the application numbers listed in the appendix, we make no finding as to the ultimate eligibility of the requested services for E-rate funding. In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant
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- attachments under the schools and libraries universal service support mechanism, also known as the E-rate program. We find that the issues raised here are similar to those addressed by the Commission in the Bishop Perry Order. We therefore remand the underlying applications to USAC for further action consistent with the Bishop Perry Order. To the extent necessary, we waive section 54.504(c) of the Commission's rules to allow the petitioners to amend their original applications and associated Item 21 attachments submitted to USAC. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each underlying application and issue an award or denial based upon a complete review and analysis no later than 90 calendar days
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- for all services eligible for support. In accordance with our rules, an applicant must file with USAC an FCC Form 470 requesting services. After the FCC Form 470 is posted to USAC's web site, the applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471. Section 54.504(c) of the Commission's rules also states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' Specifically, the instructions for FCC Form 471 state that applicants must have a ``signed contract'' or a ``legally binding agreement'' with the service provider ``for all services'' ordered on the
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- rigid compliance with USAC's application procedures would inflict undue hardship on the applicants, which would not further the purposes of section 254(h) or serve the public interest. We therefore grant these 18 appeals and remand the underlying applications associated with these appeals to USAC for further processing consistent with this order. Additionally, to the extent necessary, we also waive section 54.504(c) of the Commission's rules, which requires that applications must be complete when filed, to enable these petitioners to correct any SPIN errors on their FCC Forms 471. To ensure these issues are resolved expeditiously, we direct USAC to complete its review of the applications listed in the Appendix and issue an award or denial based on a complete review and
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- funding during Funding Years 2000-2003 after changing the service category of the applicants' funding requests because USAC determined that the applicants' service providers were not telecommunications carriers as required by program rules. As explained below, we remand the underlying applications associated with these appeals to USAC for further action consistent with this order. To the extent necessary, we waive section 54.504(c) of the Commission's rules to allow the petitioners to amend their original FCC Form 471 applications submitted to USAC. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the Appendix and issue an award or denial based upon a complete review and analysis no later than 90 calendar
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- of Lower Yukon School District, to Federal Communications Commission, CC Docket No. 02-6 (filed Nov. 28, 2005) (Lower Yukon Request for Review); Letter from Donald Trigg, Santa Ana Unified School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 9, 2007) (Santa Ana Request for Review). See supra n. 1. See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii). Request for Review of the Decision of the Universal Service Administrator by Academy of Excellence, et al., File Nos. SLD-261209, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 8722 (2007) (Academy of Excellence Order). See 47 C.F.R. 54.501-503. See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. 54.508(a). Schools and Libraries Universal Service Support
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- is attached as an appendix to this order. In this order, we use the term ``appeals'' to generally refer to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511. 47 C.F.R. 54.511 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form
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- this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that the requirements contained in sections 54.504(a)-(b) of the Commission's rules, section 47 C.F.R. 54.504(a)-(b), ARE WAIVED as described herein. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.
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- Schools and Libraries Division, to Garnet Person, District of Columbia Public Schools (dated Sept. 1, 2005) (Funding Commitment Decision Letter); Letter from USAC, Schools and Libraries Division, to Garnet Person, E-Rate Elite Services (dated Jan. 12, 2006) (Administrator's Decision). Funding Year 2005 started on July 1, 2005, and ended on June 30, 2006. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See FCC Form 471; see also 47 C.F.R. 54.504. USAC website, Schools and Libraries, Undergo Application Review, http://www.usac.org/sl/applicants/step08/default.aspx (retrieved Aug. 12, 2008) (Application Review Process). Id. See id. See, e.g., Letter from USAC, Schools and Libraries Division, to Garnet
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- Chief, Wireline Competition Bureau: In this Order, we grant a request by Franklin-McKinley School District (Franklin-McKinley) for review of a decision by the Universal Service Administrative Company (USAC) that rescinded funding already committed to Franklin-McKinley under the schools and libraries universal service support mechanism (E-rate program) for Funding Year (FY) 2005. Specifically, we grant Franklin-McKinley a limited waiver of section 54.504(c) of our rules, which states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' We remand the appeal to USAC for action consistent with this Order, and, to ensure that it is resolved expeditiously, we direct USAC to reinstate the funding commitment no later than
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- in an Appendix to this Order. In this Order, we use the term ``appeals'' to generally refer to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.504 (a)-(c). See Consolidated Request for Review of the Decisions of the Universal Service Administrator, Franklin Academy, Jackson Parish School District, Morehouse Parish School District, Richland Parish School District, and Webster Parish School District (filed Nov. 20, 2006) (November 2006 Appeal); Supplement to Consolidated Request for Review of the Decisions of the Universal Service Administrator, Franklin Academy, Jackson Parish School District,
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- recordkeeping and auditing requirements. Need: In implementing statutory requirements for the Schools and Libraries support mechanism, these rules ensure that eligible schools, libraries, and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Number and Title: 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.506 Internal connections. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. 54.518 Support for wide area networks. 54.519 State telecommunications networks. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural
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- Nos. SLD-637819, et al., CC Docket No. 02-6, Order, 23 FCC Rcd 15474, App. (Wireline Comp. Bur. 2008) (Acorn Public Library District Order). Request for Waiver at 1. Id.; Letter from Ryan Stockham, Minford Local Schools, to Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed June 11, 2008) (regarding application number 637392). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. 54.507(c). The annual cap on E-rate funds is $2.25 billion per funding year. 47 C.F.R. 54.507. Since 1999, E-rate funds have been exhausted before satisfying all of the funding
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- the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed May 11, 2009) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (USAC) may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review at 1-4. See 47 C.F.R. 54.504 (a)-(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504, 54.511; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-80, paras.
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- (filed Oct. 17, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). E-rate funding year 2004 began on July 1, 2004, and ended on June 30, 2005. 47 C.F.R. 54.501-54.503. See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 at 17 (October 2000) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities, or uses); see also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). 47 C.F.R. 54.501-54.503. See 47 C.F.R. 54.505. 47 C.F.R. 54.523. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). See 47 C.F.R. 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Oct. 2004) (FCC Form 470). 47 C.F.R. 54.504(b)(4). (last visited Aug. 28, 2009). Beginning July 1, 2004, the Commission's rules require the service provider to allow the applicant to select the payment method governing the
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- that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Robert J. Wukitsch, Hazelwood School District, to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 96-45, 97-21 (filed Apr. 15, 2003) (Request for Review). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.504; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776, 9003-9023, paras. 426-463 (1997) (Universal Service First Report and Order) (subsequent history omitted); Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806, at 17 (October 2000) (FCC Form 471 Instructions) (stating that applicants may not
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- and Technologies, on behalf of Keyport School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (dated Oct. 26, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries
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- as tariffed telecommunications services, month-to-month Internet access, or any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's website for at least 28 days before the applicant may enter into an agreement for E-rate services. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. After entering into an agreement for eligible services, the applicant files the FCC Form 471 requesting discounts for the eligible services. Requests for Waiver. The Commission has under consideration two requests for waiver. The first request for waiver, filed by Amy Biehl, seeks a waiver of the competitive bidding rules requiring the filing of
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- Waiver or Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). E-rate funding years start July 1 and run through June 30 of the following year. See 47 C.F.R. 54.507(b). 47 C.F.R. 54.501-503. 47 C.F.R. 54.504(b)(2)(iii), 54.504(c)(1)(iv), 54.508. See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes
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- CC Docket No. 02-6 (filed Mar. 19, 2004) (Request for Review for File No. SLD-125105) (collectively Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See infra paras. 3-4. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- applications in funding years 1999 through 2008 for discounted services under the schools and libraries universal service mechanism (also known as the E-rate program). Consistent with the Commission's Aberdeen School District Order, and as explained below, we find that, for 18 petitioners that made ministerial or clerical errors on forms that were timely submitted, good cause exists to waive section 54.504(c) of the Commission's rules, which requires E-rate applicants to submit a completed FCC Form 471 to USAC. We also find that, for 12 petitioners, good cause exists to waive section 54.504(b)(4) of the Commission's rules, which states that E-rate applicants must wait 28 days after their FCC Forms 470 are posted to USAC's website, or after public availability of an
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- is entitled. 54.523, requiring applicants to pay their share, prohibiting the provision of rebates, defining rebates to include free services or products. Recover. 11. Equipment not utilized (equipment has been installed but no computers are connected, or that some equipment is still in its original packaging and has not been installed). 54.507(d), setting forth the implementation deadline for non-recurring services. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. Recovery depends on the individual situation. 12. Could not locate equipment. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. 54.516(a), requiring applicants to maintain asset and inventory records of equipment purchased as components of supported internal connections services sufficient to verify the actual
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- Mattey Deputy Chief Wireline Competition Bureau See Request for Review by Illinois State Board of Education (filed Mar. 10, 2004) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). The Illinois BOE does not argue that this exemption applies to its case. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47
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- is applicable to multiple categories: Telecommunications Services Internet Access Internal Connections Basic Maintenance Miscellaneous In addition, the following sections are provided: Special Eligibility Conditions Glossary, providing additional information about the terms used in this Eligible Services List Index Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. All program participants are reminded to review the Special Eligibility Conditions at the end of this Eligible Services List in addition to all of the entries applicable to the services or products
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- or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). For further information, contact James Bachtell, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY (202) 418-0484. - FCC - See 60-Day PRA Notice for Collection 3060-0806, 75 Fed. Reg. 28,806 (May 24, 2010). The current forms expire in December 2010. See 47 C.F.R. 54.504(b). See 47 C.F.R. 54.504(c). See 47 C.F.R. 54.504(b)(2), (c)(1). Section 54.504(c) of the Commission's rules require the application to be ``completed'' when filed. 47 C.F.R. 54.504(c). We understand, however, that the practice has been to allow Item 21 attachments to be filed after the filing window has closed. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W.
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- Ext. Person Fax Number of Authorized Person 27f E-mail Address of Authorized Person Re-enter E-mail Address Check here if this is the e-mail address you want to use for correspondence with USAC. Name of Authorized Person's Employer Entity Number _________________________Applicant's Form Identifier __________________________________ Contact Person ________________________Contact Telephone Number __________________________________ Block 5: Certifications and Signature (Continued) NOTICE: In accordance with Section 54.504 of the Federal Communications Commission's rules, certain schools and libraries ordering services that are eligible for and seeking universal service discounts must file this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator. 47 C.F.R. 54.504(b). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of
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- of the Universal Service Administrative Company (USAC). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of 1934, as amended, 47 U.S.C. 254. The data collected in the Form 470 will be used to ensure that schools, libraries and consortia comply with the Commission's competitive bidding requirement contained in 47 C.F.R. 54.504. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The information collected from this form will be used to determine whether approving this application is in the public interest. If we believe there may be a violation or potential violation
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- participation in the schools and libraries support mechanism. 35 I certify that if any of the Funding Requests on this Form 471 are for discounts for products or services that contain both eligible and ineligible components, that I have allocated the cost of the contract to eligible and ineligible components as required by the Commission's rules at 47 C.F.R. 54.504(g)(1), (2). 36 I certify that this funding request does not constitute a request for internal connections services, except basic maintenance services, in violation of the Commission requirement that eligible entities are not eligible for such support more than twice every five funding years as required by the Commission's rules at 47 C.F.R. 54.506(c). 37 I certify that the non-discount
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- and Libraries Universal Service Services Ordered and Certification Form Estimated Average Burden Hours Per Response: 4 hours Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) CONTENTS Key Information page 1 Notice page 2 Introduction page 3 General Instructions page 3 Window Filing Requirements page 6 Specific Instructions page 7 NOTICE Section 54.504 of the Federal Communications Commission's (FCC's or Commission's) rules requires all schools and libraries ordering services that are eligible for universal service discounts to file this Services Ordered and Certification Form (FCC Form 471) with the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). See 47 C.F.R. 54.504. The collection of information stems from the
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- 02-6 (filed Dec. 30, 2003) (Memorandum). See Federal-State Joint Board on Universal Service, Petition of the Puerto Rico Department of Education to Release Funds Associated with the Schools and Libraries Universal Service Support Mechanism for Years 2001 and 2002, CC Docket No. 02-6, Order, 18 FCC Rcd 25417 (2003) (Puerto Rico Order). 47 C.F.R. 54.501-54.503. See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. 54.508(a). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15830-31, paras. 65-66 (2004) (Fifth Report and Order). See, e.g., 47 C.F.R. 54.702(g) (requiring USAC to file annually information regarding ``administrative action intended to prevent waste, fraud, and abuse''); Puerto Rico
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- CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26935, para. 57 (2003) (Third Report and Order) (carrying forward unused funds that were projected to be unused in the first quarter of 2004 for use during the remainder of funding year 2003, i.e., through June 30, 2004). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See USAC website, Schools and Libraries Division, Form 471 Receipt Acknowledgement Letter, http://www.usac.org/sl/applicants/step07/receipt-acknowledgement-letter. aspx (last viewed Apr. 30, 2010) (RAL Procedures); see also, e.g., USAC website, Schools and Libraries, Form 471 Receipt Acknowledgement
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- with precedent, and based on our review of the record, we find that Dodge County conducted a fair and open competitive bidding process, that there is no indication in the record that Dodge County benefited from its mistake and, at this time, there is no evidence of waste, fraud and abuse. Therefore, to the extent that Dodge County violated section 54.504(b)(4) of the Commission's rules, we find that good cause exists to waive this rule. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that a waiver
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- Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed July 8, 2010) (Union Request); Letter from Tom Traywick, Senior Compliance Analyst, on behalf of Williamsburg County School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed July 8, 2010) (Williamsburg Request). See 47 C.F.R. 54.513(c). 47 C.F.R. 54.501-54.503. Id. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26923, para. 25 (2003) (Third Report & Order). Id. at 26924, paras. 27-28. Abbeville Request;
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- Clara filed three separate appeals for its FCC Form 471 application submitted in funding year (FY) 2006. See Appendix. For purposes of this order, however, we treat these three separate appeals as one appeal. 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004). The FCC Form 471 notifies USAC of the services that have been ordered, the service providers with which the applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. 47
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- FCC 10-175 (rel. Sept. 28, 2010) (Schools and Libraries Sixth Report and Order). Id. at paras. 44-50. For example, a school or library that had developed a detailed, specific plan for such a project but had not started implementation due to lack of funding would be eligible. Schools and Libraries Sixth Report and Order at para. 47; 47 C.F.R. 54.504 (2009). This funding only relates to support for wireless, off-premises connectivity service, and not the purchase of devices or equipment, such as mobile broadband cards, smartphones, or digital textbooks. Schools and Libraries Sixth Report and Order at paras. 46, 50. 4PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand
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- two one-year extensions beyond January 29, 2012. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3, that the request for waiver of 47 C.F.R. 54.504(b) filed by the California State Department of Technology Services IS GRANTED. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Division Chief Telecommunications Access Policy Division . Although DTS expressly seeks waiver of ``the FCC Form 470 requirement'' that
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- For more information, refer to the Schools and Libraries area of the USAC web site at www.usac.org/sl or call the SLD Client Service Bureau at 1-888-203-8100. Page 9 of 9 DRAFT FCC Form 470 October 2010 Entity Number _________________________Applicant's Form Identifier __________________________________ Contact Person ________________________Contact Telephone Number __________________________________ Block 5: Certifications and Signature (Continued) NOTICE: In accordance with Section 54.504 of the Federal Communications Commission's rules, certain schools and libraries ordering services that are eligible for and seeking universal service discounts must file this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator. 47 C.F.R. 54.504(b). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of
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- of the Universal Service Administrative Company (USAC). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of 1934, as amended, 47 U.S.C. 254. The data collected in the Form 470 will be used to ensure that schools, libraries and consortia comply with the Commission's competitive bidding requirements contained in 47 C.F.R. 54.504. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The information collected from this form will be used to determine whether approving this application is in the public interest. If we believe there may be a violation or potential violation
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- for acts arising from their participation in the schools and libraries support mechanism. 35 I certify that if any of the Funding Requests on this Form 471 are for discounts for products or services that contain both eligible and ineligible components, that I have allocated the eligible and ineligible components as required by the Commission's rules at 47 C.F.R. 54.504(g)(1), (2). 36 I certify that this funding request does not constitute a request for internal connections services, except basic maintenance services, in violation of the Commission requirement that eligible entities are not eligible for such support more than twice every five funding years as required by the Commission's rules at 47 C.F.R. 54.506(c). 37 I certify that the non-discount
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- last day of the filing window. It is your responsibility to check the SLD web site or contact the SLD Client Service Bureau (CSB) to get the announcement of the filing window dates. See the "In-Window Filing Requirements for Forms 471 Submitted Either on Paper or Online ." Page 1 DRAFT FCC Form 471 Instructions October 2010 NOTICE Section 54.504 of the Federal Communications Commission's (FCC's or Commission's) rules requires all schools and libraries ordering services that are eligible for universal service discounts to file this Services Ordered and Certification Form (FCC Form 471) with the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). See 47 C.F.R. 54.504. The collection of information stems from the
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- years 2005 or 2006. As an initial matter, we grant one petitioner a waiver of our filing deadline for appeals because we find that the petitioner failed to receive actual notice of its denial. Next, consistent with the Commission's Aiken Order and based on our review of the record, we find that good cause exists to justify waivers of section 54.504(d) of the Commission's rules to permit five petitioners to remove the ineligible services that triggered denials of their applications from their funding requests. In addition, consistent with the Commission's Aiken Order and based on our review of the record, we find that good cause exists to direct USAC to treat requests by three petitioners for telecommunications and Internet access (priority
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- grant an appeal filed by the Green Bay Area Public School District (Green Bay) of decisions by the Universal Service Administrative Company (USAC) concerning three applications for discounted services under the E-rate program (more formally known as the schools and libraries universal service program) for funding year 2009. Consistent with precedent, we find that Green Bay did not violate section 54.504(a) of the Commission's rules, which states that E-rate applicants must seek competitive bids for all services eligible for support. Despite Green Bay's failure to correctly indicate on its FCC Forms 470 that it had issued a request for proposal (RFP) for the services at issue, we find that all bidders had access to the same information during Green Bay's competitive
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- initial matter, we find that five appellants warrant waivers of our appeal filing deadline because the appeals involved errors by USAC or an appeal was filed within 60 days of the appellant receiving actual notice. Next, consistent with the Bureau's Archer Public Library Order and based on our review of the record, we find good cause exists to waive sections 54.504(b), 54.504(c), and 54.507(c), as necessary, of the Commission's rules to permit these petitioners to correct ministerial or clerical errors on their original FCC Forms 470 and 471 and other related forms or submissions to USAC. Specifically, we find that the petitioners inadvertently made ministerial or clerical errors while completing their FCC forms, while responding to USAC requests for additional information
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- days from the release date of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that former sections that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d) of the Commission's rules, 47 C.F.R. 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority in sections 0.91,
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- a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it or, if denying the application, provide the applicant with all grounds for denial. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) (2003 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2007) (2007 FCC Form 486 Instructions) (collectively, FCC Form 486 Instructions). Id. at 5;
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- is resolved expeditiously, we direct USAC to complete its review of the application and issue an award or denial based upon a complete review and analysis no later than 90 calendar days from the release of this order. We find that the facts in this case rise to the level of the ``special circumstances'' necessary for a waiver of section 54.504(b) of the Commission's competitive bidding rules. In this case, we conclude that, because Idaho Falls sought a leased WAN for Internet access service, the service should have been categorized as Internet access rather than telecommunications. As a result, the services that Idaho Falls sought were eligible for funding as Priority 1 services. However, Idaho Falls' failure to categorize this service
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- /OPBaseFont2 10 Tf (Id.) Tj 1 0 0 1 462 224.699 Tm 97 Tz /OPBaseFont1 10 Tf (at 18786, para. 47;) Tj 1 0 0 1 69.35 213.85 Tm 99 Tz (47 C.F.R.) Tj 1 0 0 1 111.8 212.199 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 119 213.85 Tm 97 Tz /OPBaseFont2 10 Tf (54.504) Tj 1 0 0 1 149.25 213.85 Tm 96 Tz /OPBaseFont1 10 Tf (\(2009\).) Tj 1 0 0 1 69.6 192.25 Tm 107 Tz /OPBaseFont2 10 Tf (Id.) Tj 1 0 0 1 70.299 175.199 Tm 92 Tz /OPBaseFont1 10 Tf (') Tj 1 0 0 1 78.45 170.399 Tm 98 Tz /OPBaseFont2 10 Tf (See Wireline Competition Bureau Announces
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- 1 71.75 415 Tm 110 Tz (and libraries universal service support program\).' Consistent with precedent, and based on our review of) Tj 1 0 0 1 71.5 402.299 Tm 109 Tz (the record, we find that 15 petitioners have demonstrated that special circumstances exist to justify limited) Tj 1 0 0 1 71.5 389.599 Tm 110 Tz (waivers of section 54.504\(c\) of the Commission's rules to allow them to amend their original FCC Form) Tj 1 0 0 1 71.5 377.349 Tm 108 Tz (471 applications \(including associated Item 21 attachments\) submitted to USAC.2) Tj 1 0 0 1 437 376.599 Tm 109 Tz (We grant these) Tj 1 0 0 1 71.5 364.349 Tm (requests for waiver and remand the
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- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, 66; Program Management Order, 22 FCC Rcd at 16387, 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- the Commission found that special circumstances warranted waiver, offers the ``same type of special circumstances,'' found here, namely, ``geographic anomalies that would, in combination with overly strict enforcement of a rule, unreasonably deprive a community of needed service.'' (Reply to Opposition at 7). We disagree. In Joint Board, the Commission granted the State of Alaska a limited waiver of Section 54.504(b)(2)(v) of the Rules to allow members of certain remote communities to use excess service obtained with E-rate support when the services were not in use by schools or libraries. In requesting the waiver, State of Alaska cited the high cost of Internet service in Alaska and the remoteness of the communities involved (some reachable only by air or water). Here,
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- a request for proposal (RFP) available providing detail about the requested services. The RFP must be available to all potential bidders for the duration of the bidding process. After the FCC Form 470 is posted to USAC's web site, the applicant must wait 28 days before making commitments with the selected service providers and submitting an FCC Form 471. Section 54.504(a) of our rules also states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' Thus, applicants must have a ``signed contract'' or a ``legally binding agreement'' with the service provider ``for all services'' ordered on the FCC Form 471. Applicants are expected to comply with
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- 0 1 73.2 625.5 Tm 108 Tz (funding that WVDE sought in its service substitution requests was no more than the original amount of E -) Tj 1 0 0 1 72.7 612.75 Tm 110 Tz (rate funding requested, and thus was not technically in violation of) Tj 1 0 0 1 370.3 612.75 Tm 106 Tz /OPBaseFont2 10 Tf (54.504\(d\)\(2\)) Tj 1 0 0 1 428.4 612.75 Tm 111 Tz /OPBaseFont1 10 Tf (of the Commission's) Tj 1 0 0 1 72.7 600.049 Tm 99 Tz (rules.9) Tj 1 0 0 1 105.6 600.299 Tm 110 Tz (We therefore grant WVDE's request for review and remand the application to USAC for further) Tj 1 0 0 1 72.45 587.549 Tm
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- 72.7 160.349 Tm (schools and libraries universal service support program.) Tj 1 0 0 1 72.7 145.25 Tm 53 Tz (2) Tj 1 0 0 1 91.4 140.899 Tm 104 Tz (C.F.R. 54.501-54.503.) Tj 1 0 0 1 78.45 121.25 Tm 98 Tz (47 C.F.R. ) Tj 1 0 0 1 128.15 121.199 Tm 96 Tz /OPBaseFont2 10 Tf (54.504\(c\);) Tj 1 0 0 1 171.8 121 Tm 99 Tz /OPBaseFont1 10 Tf (Instructions for Completing the Universal Service Schools and Libraries Services Ordered) Tj 1 0 0 1 72.95 109.699 Tm 100 Tz (and Certification Form \(FCC Form 471\), 0MB 3060-0806 \(December 2002\) \(FCC Form 471 Instructions\).) Tj 1 0 0 1 73.65 90.25 Tm (' FCC Form 471
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- a separate appeal.) Tj 1 0 0 1 521.75 106.099 Tm 86 Tz /OPBaseFont1 11 Tf (See) Tj 1 0 0 1 64.549 95.549 Tm 89 Tz /OPBaseFont2 11 Tf (appendix.) Tj 1 0 0 1 64.299 78.5 Tm 52 Tz /OPBaseFont0 11 Tf (2) Tj 1 0 0 1 83 73.949 Tm 90 Tz /OPBaseFont2 11 Tf (C.F.R. 54.504 \(2006\)) Tj 1 0 0 1 178.8 73.699 Tm 89 Tz /OPBaseFont1 11 Tf (amended by) Tj 1 0 0 1 229.4 73.699 Tm /OPBaseFont2 11 Tf (47 C.F.R. ) Tj 1 0 0 1 278.85 73.449 Tm 88 Tz /OPBaseFont1 11 Tf (54.503) Tj 1 0 0 1 309.35 73.449 Tm 87 Tz /OPBaseFont2 11 Tf (\(2011\).) Tj ET
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- 71 444.049 Tm 87 Tz (\(2003\).) Tj 1 0 0 1 97.65 426.25 Tm 89 Tz (Form 470.) Tj 1 0 0 1 76.299 404.899 Tm 97 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 118.05 403 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 125.25 404.899 Tm 98 Tz /OPBaseFont1 10 Tf (54.504) Tj 1 0 0 1 155.75 404.899 Tm 97 Tz /OPBaseFont2 10 Tf (\(2011\).) Tj 1 0 0 1 70.549 387.849 Tm 48 Tz /OPBaseFont2 11 Tf (8) Tj 1 0 0 1 92.4 383.299 Tm 89 Tz (FCC Form 471.) Tj 1 0 0 1 133.2 365.799 Tm 100 Tz /OPBaseFont1 10 Tf (Joint Board on Universal Service,) Tj
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- In this order, we use the term ``appeal'' to generically refer to Katy's request for review of USAC's decision. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of
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- timely appeal with USAC. USAC denied the appeal, stating that the FCC Form 470 contained the name of a service provider, Edline, in the description of requested services, and Queen of Peace had violated the competitive bidding procedures because either it had preselected Edline as the service provider or had the propensity to award it the contract. III. DISCUSSION Section 54.504 of the Commission's rules requires applicants to seek competitive bids for services sought under the E-rate program. Applicants must ensure an open and fair competitive bidding process. In this case, USAC concluded that Queen of Peace violated the competitive bidding process because Queen of Peace's FCC Form 470 contained what it deemed vendor contact information for the same vendor that
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- with the terms of this order. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3, and 54.722(a), section 54.504(c) of the Commission's rules, 47 C.F.R. 54.504(c) IS WAIVED. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 1.3 of the Commission's rules, that
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- appeal filing deadline due to a medical condition of its E-rate staff person. Additionally, consistent with precedent and based on our review of the record, we grant all three petitioners an additional opportunity to provide documentation to USAC to demonstrate that they had the resources necessary to make effective use of the eligible services they requested. We also waive section 54.504(c)(1)(iii) of the Commission's rules to permit the Hartford Public Schools to reduce its funding request to reflect the resources it had available. Accordingly, we grant these appeals and remand the underlying applications to USAC for further action consistent with this order. We direct USAC to give applicants a 30-day opportunity to provide the relevant documentation to demonstrate that they had
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- the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Julie Oerke, Challis Joint School District #181 (dated May 19, 2006) (USAC Appeal Decision). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Apr. 2002). 47 C.F.R. 54.504(b)(4); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Oct. 2003) (Funding Year 2004 FCC Form 471). (last viewed Mar. 3, 2010). A contract including voluntary extensions means that the contract expires at the
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- a SPIN change request with USAC to switch to Oregon Telecommunications, which was a telecommunications carrier. Thus, we grant Ashland the appropriate E-rate discount for the portion of the year that it received telecommunications service from Oregon Telecommunications for FY 2003, but not for any service it received from the ineligible carrier. To the extent necessary, we also waive section 54.504(c) of the Commission's rules, which requires that applications must be complete when filed, to enable these petitioners to correct any SPIN errors on their FCC Forms 471. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3
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- appeal to USAC within a reasonable period of time after receiving actual notice of USAC's adverse decision. Turning to the merits of the appeals, we first grant the appeals of 11 petitioners. Consistent with the Commission's Aberdeen School District Order, and based on our review of the record, we find that, for six petitioners, good cause exists to waive section 54.504(b)(4) of the Commission's rules, which states that E-rate applicants must wait 28 days after their FCC Forms 470 are posted to USAC's website, or after public availability of an applicant's request for proposal (RFP), before entering into an agreement with a service provider for the requested services. All of these petitioners mistakenly signed their contracts or certified their FCC Forms
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- for Review at 1-2; Galena Park Request for Review at 2; Fatima Request for Review at 1; St. Cecilia Request for Review at 1; Lee County Request for Review at 2-3; Florence Request for Review at 3; Benson Request for Review at 1-2; Hmong Request for Review at Attachment 3; Point Pleasant Request for Review at 2. 47 C.F.R. 54.504(b)(2)(vii), 54.511(a). See Whittier ADL (stating that Whittier did not carefully consider the wireless Internet access proposal submitted by Advanced Scientific Applications, Inc.); Letter from USAC, Schools and Libraries Division, to Donald Fitzpatrick, River Rouge Senior High School (dated Oct. 12, 2007) (River Rouge COMAD) (stating that, during post-funding review, River Rouge failed to provide documentation to indicate that it carefully
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- the Commission's rules, 47 C.F.R. 1.102(b)(1), this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau See Letter from Gilbert Becker, Maryland Department of Juvenile Services, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 6, 2006) (Request for Waiver); 47 C.F.R. 54.504(b). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.502. 47 C.F.R. 54.503. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.503. See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order,
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- services that the applicant seeks to use within that funding year. They may not seek discounts on purchases of services that will not be used until after the end of the funding year for which they are seeking discounts. Furthermore, if the amount requested for ineligible services exceeds 30 percent of the total amount for any individual funding request, section 54.504(d) of the Commission's rules requires USAC to deny the entire funding request. Request for Review. In funding year 2006, Bryan sought discounts on replacement batteries and refresher kits for an uninterruptible power supply (UPS) system. USAC denied eight of Bryan's funding requests (funding request numbers (FRNs) 1404847, 1404852, 1404853, 1404856, 1404860, 1404861, 1404862, and 1404870) as part of application number
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- Letter from Bettie Downs, Bayless Intermediate School, to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed Mar. 28, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504; Letter from USAC, Schools and Libraries Division, to Bettie Downs, Bayless Intermediate School, at 5-6 (dated Feb. 1, 2006) (Bayless Funding Commitment Decision Letter). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). Bayless does not argue that this exemption
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- pursuant to section 1.103(a) of the Commission's rules, 47 C.F.R. 1.103(a), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina M. Spade Deputy Chief Telecommunications Access Policy Division Federal-State Joint Board on Universal Service, Third Report and Order, CC Docket 96-45, 12 FCC Rcd 22485, 22488-89, para. 6 (1997). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2010) (FCC Form 471). See (last viewed Jan. 10, 2011). 47 C.F.R. 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. (last viewed Jan. 10, 2011). See Request for Review
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- Tz /OPBaseFont1 10 Tf (CC Docket No. 02-) Tj 1 0 0 1 71 134.899 Tm 99 Tz (6, Fifth Report and Order and Order, 19 FCC Rcd 15808 \(2004\) \(codifying 47 C.F.R.) Tj 1 0 0 1 416.85 133 Tm 72 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 424.3 134.899 Tm 98 Tz /OPBaseFont2 10 Tf (54.504\(b\)\(2\)\(vii\)) Tj 1 0 0 1 494.85 134.899 Tm 96 Tz /OPBaseFont1 10 Tf (and 47) Tj 1 0 0 1 71 123.149 Tm 97 Tz /OPBaseFont2 10 Tf (C.F.R.) Tj 1 0 0 1 100.55 121.5 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 108 123.149 Tm 98 Tz /OPBaseFont2 10 Tf (54.504\(c\)\(1\)\(xi\)\).) Tj 1 0
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- 4033 \(2000\)) Tj 1 0 0 1 231.6 231.649 Tm 100 Tz /OPBaseFont2 10 Tf (Mastermind Order\).) Tj 1 0 0 1 71.25 210.25 Tm 98 Tz /OPBaseFont1 10 Tf (' 47 C.F.R.) Tj 1 0 0 1 121.9 208.6 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 134.4 210.25 Tm 97 Tz /OPBaseFont1 10 Tf (54.504\(b\)-\(c\).) Tj 1 0 0 1 195.35 210 Tm 98 Tz /OPBaseFont2 10 Tf (See, e.g., Request for Review of the Decision of the Universal Service Administrator) Tj 1 0 0 1 70.549 198.5 Tm 99 Tz (by Approach Learning and Assessment Center, et al., Schools and Libraries Universal Service Support Mechanism,) Tj 1 0 0 1 70.799 187 Tm /OPBaseFont1
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- their appeals to the Commission, or filed a service change request with USAC, within a reasonable period of time of actual notice of a clerical error or a decision by USAC not to correct the error. Based on our review of the record, we find that 12 petitioners have demonstrated that good cause exists to justify a waiver of section 54.504(a) of the Commission's rules to permit them to correct clerical or ministerial errors. On our own motion, for these petitioners, we also waive section 507(d) of the Commissions rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of
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- Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 8630 (Wireline Comp. Bur. 2008). The requests for review and waiver are listed in the appendix. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.504, 54.511 (2002) amended by 47 C.F.R. 54.503, 54.511 (2011). Generally, the Commission's rules may be waived if good cause is shown. 47 C.F.R. 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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- In each decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners listed in appendix A conducted a fair and open competitive bidding process under Commission rules in effect at the time. We find that the petitioners listed in appendix B have demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's rules because either (1) the errors they made on their applications were ministerial or clerical and do not warrant a complete rejection of their applications; or (2) their competitive bidding processes were not compromised by their technical violation of the Commission's competitive bidding requirements. At this time, there is no evidence of waste, fraud and
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- Jersey 424058 2004 Mar. 7, 2006 Vertex Technologies, Inc. (Lenape Regional High School District) Shamong, New Jersey 483421 2005 Jun. 19, 2007 Windber Area School District Windber, Pennsylvania 609497; 686107; 762951 2008; 2009; 2010 Nov. 26, 2008; Aug. 9, 2010 Under the E-rate program, applicants may only seek support for eligible services, products and maintenance. See 47 C.F.R. 54.502, 54.504 and 54.518. See, e.g., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9013, para. 444 (1997), aff'd in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history omitted); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order
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- year 2004. USAC rescinded Oakland's funding on the grounds that the underlying application violated state procurement law and failed to satisfy Commission rules regarding eligible service contracts. In this order, we find that Oakland did not violate state law by entering into agreements preparatory to public works contracts. Consistent with precedent, we also grant Oakland a limited waiver of section 54.504(c) of our rules, which states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' We therefore grant Oakland's appeal and direct USAC to discontinue recovery actions against Oakland consistent with this order. II. BACKGROUND Under the E-rate program, eligible schools, libraries, and consortia that include
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- rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We also find good cause to waive section 54.504(a) of the Commission's rules to allow Marian High School to amend its FCC Form 471 regarding the telephone service it requested. Consistent with precedent, we also waive section 54.720 of the Commission's rules for Van Alstyne Independent School District. We therefore remand the underlying applications listed in the appendix to USAC for further action consistent with this order. To ensure
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). Id. 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
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- to reduce the school's discount level because it determined that pre-kindergarten students were improperly included in the discount calculation. See Appendix B. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. See 47 C.F.R. 54.719(c). See Appendix A. See 47 C.F.R. 54.504(b)(2)(v) and 47 C.F.R. 54.504(c)(1)(vii); Schools and Libraries Third Report and Order, 18 FCC Rcd at 26923, para. 26. See Appendix B. For the purposes of the universal service programs, Congress defined the term ``elementary and secondary schools'' as meaning ``elementary and secondary schools as defined by the Elementary and Secondary Education Act of 1965.'' 47 U.S.C. 254 (h)(7)(A).
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- section 54.503 of the Commission's rules because it did not make a bona fide request for services by submitting a complete description of the services it was requesting to enable interested service providers to submit bids. We also find that Portales did not have a signed contract in place when it filed its FCC Form 471 in violation of section 54.504 of the Commission's rules. We further find that Portales has not demonstrated that good cause exists to waive the Commission's competitive bidding requirements. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the
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- (filed Mar. 25, 2011) (Request for Review). See e.g., Letter from USAC, Schools and Libraries Division, to Emerson Tripoli, Kings Canyon Unified School District (dated Feb. 9, 2011) (regarding Kings Canyon Funding Year (FY) 2005 FCC Form 471 application number 482378); see also USAC June 4, 2010 Letter at 1-2. See Request for Review at 2-4. See 47 C.F.R. 54.504 (2005); see also Dimmitt Order, 26 FCC Rcd at 15587-88, para 10. See 47 C.F.R. 54.503(d) (2011); see also supra n.1. Consequently, we remind applicants that under our current rules, if they wish to participate in activities such as conferences and trips to view service provider offerings, they should consider doing so at their own expense. Schools and Libraries Sixth
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- and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) order Adopted: May 3, 2012 Released: May 3, 2012 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: In this order, we grant a request from the Onslow County School District (Onslow) and the North Carolina Office of Information Technology Services (ITS) seeking a waiver of section 54.504(a) of the Commission's rules and any applicable Universal Service Administrative Company (USAC) procedural deadlines in order to allow ITS, to revise its FCC Form 471 application under the E-rate program (more formally known as the schools and libraries universal service support program). Specifically, ITS submitted an application on behalf of Onslow as part of the Learning On-The-Go (LOTG) (also known
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- or clerical errors on form 471, which is the form that requests support for eligible services. The errors that the petitioners listed on Appendix B made on their form 471s created the mistaken impression that those petitioners had violated section 54.503(c)(4) of the Commission's rules. For the petitioners listed in Appendix B, we also find good cause to waive Section 54.504(a) of the Commission's rules which requires E-rate applicants to submit a completed FCC Form 471 to USAC. As for the petitioners listed in Appendix C, we find USAC erred in finding them in violation of section 54.503(c) for a variety of reasons. USAC incorrectly changed Milton School District's category of service, making it appear that Milton School District violated the
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- program (more formally known as the schools and libraries universal service support program). In each decision, USAC found that the applicants violated the E-rate program technology plan rules. Based on our review of the record, we find that these petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate program's technology plan rules at sections 54.503, 54.504 and 54.508 of the Commission's rules. We also find that at this time, there is no evidence of waste, fraud or abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause
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- of the Secretary, Federal Communications Commission, CC Docket Nos. 96-45 and 97-21 (filed Dec. 24, 2002) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c) (2001). See 47 C.F.R. 54.502, 54.503 (2001). 47 C.F.R. 54.504(c) (2001); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See FCC Form 471. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471 Instructions) (this is the version of the FCC Form 471 that was in effect
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- as added by section 103 of the Telecommunications Act of 1996, Pub. L. No. 104-104, filed an application requesting a Commission determination that it is an exempt telecommunications company. Comments due March 9*; replies due March 16. Contact: Marty Schwimmer at (202) 418-2320. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6; replies due
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- Gallatin River Communications, LLC filed a joint petition for waiver of the definition of "study area" as set forth in Part 36 of the Commission's rules. Comments due: March 22*; replies due April 2. Contact: Adrian Wright at (202) 418-7400, TTY: (202) 418-0484. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6; replies due
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998) (Eighth Order on Reconsideration). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2000) (Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (Form 486 Instructions). 47 U.S.C. 254(h)(5)(A), (6)(A). Hereinafter we will refer collectively to all of the persons specified in the statute as
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- universal service fund, and the Commission addressed programmatic concerns raised by our Office of Inspector General. This erratum corrects the following error in the released document: On page 41, in the Appendix B Final Rules section, the first sentence of paragraph 3 should be corrected to read as follows: 3. Part 54, Subpart F is further amended by adding section 54.504(h) to read as follows: (h) Filing of FCC Form 473. FEDERAL COMMUNICATIONS COMMISSION Narda M. Jones Chief, Telecommunications Access Policy Division Wireline Competition Bureau (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission N + , N O P Q R u v (R) "
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- from July 17, 1997 through November 12, 2004) retained, to date, all documents related to the application for, receipt, and delivery of discounted telecommunications and other supported services, to the extent there were such documents, and retained any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism (Sections 54.516 (a) (1) and 54.504 (c) (1) (x) which were effective as of November 12, 2004 and require a five-year retention period for such documents) maintained, to date, asset and inventory records of equipment purchased as components of supported internal connections services sufficient to verify the actual location of such equipment (Section 54.516 (a) which was applicable from March 11, 2004 to November 11, 2004
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- is applicable to multiple categories: Telecommunications Services Internet Access Internal Connections Basic Maintenance Miscellaneous In addition, the following sections are provided: Special Eligibility Conditions Glossary, providing additional information about the terms used in this Eligible Services List Index Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. All program participants are reminded to review the Special Eligibility Conditions at the end of this Eligible Services List in addition to all of the entries applicable to the services or products
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- and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998) (Eighth Order on Reconsideration). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2000) (Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (Form 486 Instructions). 47 U.S.C. 254(h)(5)(A), (6)(A). Hereinafter we will refer collectively to all of the persons specified in the statute as
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- Internet Point-of-Presence in Rural Remote Alaska Villages Where No Local Access Exists and Request for Declaratory Ruling ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: November 29, 2001 Released: December 3, 2001 By the Commission: I. INTRODUCTION 1. In this Order, we grant the State of Alaska (Alaska) a limited waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires applicants to certify that the services requested will be used solely for educational purposes, subject to the conditions discussed below. We find that good cause exists to allow members of rural remote communities in Alaska, where there is no local or toll-free dial-up Internet access, to use excess service obtained through the universal service
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- COMMISSION Magalie Roman Salas Secretary Letter from Eric Militz, Naperville Community Unit School District 203, to the Federal Communications Commission, filed July 11, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Marty Barnicle, Naperville Community Unit School District 203, dated June 14, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- which begins on July 1, 1999 and ends on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. Similarly, the funding period which begins on July 1, 2000 and ends on June 30, 2001, previously known as Funding Year 3, is now called Funding Year 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). >. The re-opened window closed on March 31, 2000. Id. Letter from Charles Stallard, Henrico County Public Schools, to Federal Communications Commission, filed August 16, 2000 (Request for Review), at 1. FCC Form 470, Henrico County School District, posted December 20, 1999 (Year 3 Form 470). See, e.g., FCC Forms 471, Henrico County School District,
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- during hours when the schools and libraries are open, but remain unused during off-hours when the entities are closed. As a result, due to the non-usage sensitive nature of the services, services that could be used after the operating hours of schools and libraries presently go unused. The State of Alaska recently requested a waiver of the restriction in section 54.504(b)(2)(ii) that requires applicants to certify that the services obtained from the schools and libraries mechanism would be used for solely educational purposes. In many communities in Alaska, services from the schools and libraries program have provided the only means to deliver Internet access to communities in rural remote areas. Specifically, the State of Alaska asked to use the telecommunications and
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- services within the definition of universal service. In implementing these statutory provisions, the Commission concluded that telecommunications services, internet access, and internal connections would be funded. The Commission concluded that schools and libraries ``should have maximum flexibility to purchase the package of services they believe will most effectively meet their communications needs.'' The Commission adopted a requirement, codified in section 54.504(b)(2)(ii) of the rules, that schools and libraries certify that the services obtained through discounts would be used solely for educational purposes. The Commission also adopted a requirement that schools and libraries prepare a technology plan, to be approved by the state, the Administrator, or an independent agency approved by the Commission, to ensure that requests for discounts ``are based on
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- Secretary Request for Immediate Relief by the State of Tennessee to Change its Service Provider for Funding Year 2002 filed April 17, 2003 (Tennessee Petition). 47 C.F.R. 54.502, 54.503. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029, para. 480 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. 54.504. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2002) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (September 2002) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (September 2002) (Form 486 Instructions). In addition, an early filing option exists for applicants whose services begin on or before July 1 of the
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- Review by King and Queen). Any person aggrieved by an action taken pursuant to delegated authority may file an application requesting review of that action by the Commission. 47 C.F.R. 1.115(a). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Exchange Carrier Association, Inc., File No. SLD-245592, CC Dockets No. 96-45 and 97-21, Order, DA 02-956 (rel. April 24, 2002) (Division Order); Letter from Curtis Wolfe, Information Technology Department, State of North Dakota, filed on behalf of North Dakota School Net, to Federal Communications Commission, filed October 18, 2001 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). In prior years, this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus, the funding period which begins on July 1, 2001 and
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- the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-105791, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 18812 (Com. Car. Bur. 2001) (United Talmudical Academy II). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- applications and, if appropriate, issue the requisite funding decision commitment letters and subsequent disbursements pursuant thereto. IT IS FURTHER ORDERED that this Order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary .org/>. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- carried out without regard to the products and services eligible for discounts, such that the prices of actual services were never compared. We conclude that the type of procurement practiced by each school in these cases violates our competitive bidding rules, because it effectively eliminates competitive bidding for the products and services eligible for discounts under the support mechanism. Section 54.504(a) of the Commission's rules specifically states that ``an eligible school or library shall seek competitive bids . . . for all services eligible for support . . . .'' As the Commission has previously observed: Competitive bidding is the most efficient means for ensuring that eligible schools and libraries are informed about all of the choices available to them. Absent
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- technology plans will be approved by the time that E-rate supported services begin. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Rulemaking, FCC 03-101 at paras 99-100 (rel. April 30, 2003) (Second Order and FNPRM). Universal Service Order, 12 FCC Rcd at 9077, paras. 573-74. 47 C.F.R. 54.504(a). 47 C.F.R. 54.504(b). Universal Service Order, 12 FCC Rcd at 9078, para. 575 (emphasis added). 47 U.S.C. 54.504(b)(2)(vii). An applicant must certify that its technology plan has been ``certified by its state, the Administrator, or an independent entity approved by the Commission.'' Id. Technology plans must establish the connections between the information technology and the professional development strategies,
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- comment on whether to codify the above-described procedures providing for an extension of the deadline to file invoices. Technology Plans. We seek comment on whether the Commission should revise its rules regarding technology plans. To ensure applicants make a bona fide request for services, the Commission requires applicants to undertake a technology assessment before making a request for services. Section 54.504(b)(vii) states that in its FCC Form 470 the applicant must certify that it has a technology plan that has been certified by its state, the Administrator, or an independent entity approved by the Commission. The instructions for FCC Form 470 permit applicants to certify that their technology plan will be approved by the relevant body no later than the time
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- various necessary steps in the application process, and receives the direct benefit of any services rendered. The school or library submits to USAC a completed FCC Form 470, setting forth its technological needs and the services for which it seeks discounts. The school or library is required to comply with the Commission's competitive bidding requirements as set forth in sections 54.504 and 54.511(a) of our rules and related orders. The school or library is the entity that submits FCC Form 471, notifying the Administrator of the services that have been ordered, the service providers with whom it has entered into agreements, and an estimate of the funds needed to cover the discounts to be provided on eligible services. To be sure,
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- amount of funds disbursed to the beneficiary or service provider. We set forth below a number of examples to illustrate the applications of this principle. Competitive Bidding Requirements. We conclude that we should recover the full amount disbursed for any funding requests in which the beneficiary failed to comply with the Commission's competitive bidding requirements as set forth in section 54.504 and 54.511 of our rules and amplified in related Commission orders. For instance, it is appropriate to recover the full amount of funds disbursed for a funding request when the beneficiary signs a contract before the end of the 28-day posting period. Likewise, it is appropriate to recover the full amount disbursed in a situation where the beneficiary failed to
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- para. 47; 47 C.F.R. 54.516(a). See FCC Form 471, Schools and Libraries Universal Service Services Ordered and Certification Form. See id., Item 10(b) at 18. >, Cost Allocation Guidelines for Consortia Comprising Eligible and Ineligible Entities. See First Report and Order, 12 FCC Rcd at 9081-82, para. 580. See 47 C.F.R. 54.501(b), (c), (d). See 47 C.F.R. 54.504; 54.517(b). LN/GW Petition at 4-5 (citing WAN applications using bandwidth on the local cable system and wireless WANs as examples of alternative technologies). Id. at 7. First Report and Order, 12 FCC Rcd at 9009, paras. 436-37. See also 47 U.S.C. 254(h)(2) (Commission shall establish rules to enhance access to advanced telecommunications and information services for schools and libraries).
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- discounted services such as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (``Form 471''), after entering into agreements for eligible services. After receiving the Form 471, USAC assigns a ``funding request number'' to each request for discounted services. USAC reviews the Form 471 and then, if the request is approved, issues funding commitment decision letters advising the applicants
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- at reasonable rates'') (emphasis added). 47 U.S.C. 254(b); see 1997 Universal Service Order, 12 FCC Rcd at 8789, para. 21 and 8793, para. 27. 47 U.S.C. 254(b)(3) (emphasis added). See CTIA v. FCC, 330 F.3d 502, 512 (2003). 1997 Universal Service Order, 12 FCC Rcd at 8861, 8873, 8875, paras. 151-152, 174, and 178. 47 C.F.R. 54.401, 54.504. See 47 C.F.R. 251(c)(4). Forbearance Petition at 5. See 47 C.F.R. 54.405(a) (requiring ETCs to offer Lifeline service). TracFone states that its customers pay in advance for minutes of use, without term contracts or termination fees, other extraneous or pass-through fees, credit checks, or deposits. TracFone also states that its pricing is uniform across its service areas despite
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- hurricane. Accordingly, for the reasons stated above, we find that due to this natural disaster, good cause exists for waiving section 54.506(c) for affected entities and that such waiver is in the public interest. To qualify for this waiver, parties should submit a request describing the damage incurred to the equipment that needs to be replaced. Service substitution requests. Section 54.504(f) of the Commission's rules allows the Administrator to grant a request by an applicant to substitute a service or product for another where the service or product has the same functionality; the substitution does not violate any contract provisions or state or local procurement laws; the substitution does not result in an increase in the percentage of ineligible services or
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- or services may be able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. may contain additional information about eligibility requirements, but those documents are not incorporated by reference into the Eligible Services List. This version of the Eligible Services List is dated October 19, 2006.
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- allowing it to file its LOAs for Funding Years 2005 and 2006 after the certification of its FCC Forms 471. We deny, however, Kan-ed's request to add members to Block 4 of its Funding Year 2006 FCC Form 471 throughout the funding year. USAC denied Kan-ed's entire application because more than 30 percent of its LOAs were deemed incomplete. Section 54.504(d) of the Commission's rules states that, ``[i]f 30 percent or more of a request for discounts made in an FCC Form 471 is for ineligible services, the request shall be denied in its entirety.'' Thus, the 30 percent rule ensures that applicants carefully evaluate the eligibility of the services for which they seek discounts. The 30 percent rule, however, does
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- services such as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (FCC Form 471), after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications
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- Appendix. These Requests for Review were filed pursuant to sections 54.719-54.721 of the Commission's rules. 47 C.F.R. 54.719-54.721. 47 C.F.R. 54.505. If the technology plan has not been approved when the applicant files the Form 470, the applicant must certify that it understands that the technology plan must be approved prior to commencement of service. 47 C.F.R. 54.504(b)(2)(vii). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). See Request for Review of Decisions of the Universal Service Administrator by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33, para. 10 (2000). This form is to request discounts on those services and it contains the discount calculation worksheet and
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. . These documents are not incorporated by reference into the Eligible Services List. This Draft version of the Eligible Services List is dated XXXX XX, 2007. Some eligibility information in this List
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. All program participants are reminded to review the Special Eligibility Conditions at the end of this Eligible Services List in addition to all of the entries applicable to the services or products
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- for all services eligible for support. In accordance with our rules, an applicant must file with USAC an FCC Form 470 requesting services. After the FCC Form 470 is posted to USAC's web site, the applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471. Section 54.504(c) of our rules also states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' Specifically, the instructions for FCC Form 471 state that applicants must have a ``signed contract'' or a ``legally binding agreement'' with the service provider ``for all services'' ordered on the FCC
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- Waiver filed by the Petitioners as listed in the Appendix ARE GRANTED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to section 1.3 of the Commission's rules, 47 C.F.R. 1.3, that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, that the applications associated with the Requests for Review or Waiver
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- to pay their non-discounted share for the services. Specifically, we find that the petitioners either provided sufficient evidence to demonstrate they had the resources to make effective use of the requested eligible services or they should have an additional opportunity to provide the documentation to USAC. For 20 of the 56 petitioners, we find good cause exists to waive section 54.504(c)(1)(iii) of the Commission's rules. Accordingly, we grant all the appeals and remand the underlying applications to USAC for further action consistent with this Order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the Appendix and issue an award or a denial based on a complete review and
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- April 18, 2007 Released: May 8, 2007 By the Commission: I. INTRODUCTION In this Order, we grant 59 appeals of decisions by the Universal Service Administrative Company (USAC) denying petitioners' requests for funding under the schools and libraries universal service support mechanism (also known as the E-rate program). The requests were denied because USAC found that the applicants violated section 54.504(d) of the Commission's rules, which requires USAC to deny a request for E-rate support if 30 percent or more of a request for discounts is for ineligible services. We find that 23 petitioners (Group A Petitioners) provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support and thus the entire application should
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- have minimal effect on the Fund as a whole. Therefore, we remand the appeals to USAC for further consideration consistent with this Order. Group C Petitioners. We agree with USAC that the services sought by both Group C Petitioners were for ineligible entities and thus are ineligible for E-rate support. We clarify, however, that the 30 percent rule in section 54.504(d) is not applicable to requests by ineligible entities. The rule states that, ``[i]f 30 percent or more of a request for discounts made in an FCC Form 471 is for ineligible services, the request shall be denied in its entirety.'' The 30 percent rule does not extend to ineligible entities, and USAC should not apply it that way. Accordingly, for
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- appeals and deny one appeal of decisions by the Universal Service Administrative Company (USAC) concerning applications for discounted services under the schools and libraries universal service mechanism (also known as the E-rate program). As explained below, we find that, for 34 applicants that made ministerial or clerical errors on forms that were timely submitted, good cause exists to waive section 54.504(c) of the Commission's rules, which requires applicants to submit a completed FCC Form 471 to USAC. We also find that, for 28 applicants, good cause exists to waive section 54.504(b)(4) of the Commission's rules, which states that applicants must wait 28 days after their FCC Form 470 is posted to USAC's website or after public availability of an applicant's request
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- Macomb Intermediate School District, to Federal Communications Commission, filed Feb. 24, 2006 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.511. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on
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- requirements added by the bill''). See On-Tech Consulting, Inc. Comments at 3; see also 2008 On-Tech Consulting Inc. Comments at 3 (noting that Congress clearly indicated that content filtering is a necessary part of data distribution for a school or library). See, e.g., 2008 ESL at 11. See Council of the Great City Schools Comments at 5. 47 C.F.R. 54.504(b)(2)(iii)-(iv), 54.508; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9077, para. 572 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. 54.504(b)(2)(iv); 2008 ESL at 3-4; see also Request for Review of the Decision of the Universal Service Administrator by United Talmudical Academy, Federal-State Joint Board on Universal Service, Changes
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. . These documents are not incorporated by reference into the Eligible Services List. This version of the Eligible Services List is dated XXXX XX, 2008. Some eligibility information in this List represents
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- We encourage applicants soliciting bids for interconnected VoIP services to post for the services in both categories to expand the number of service providers that can bid on the services sought. Consistent with USAC's recommendation, we clarify that applicants are not required to prepare a technology plan if they are seeking discounts only for interconnected VoIP. Thus, we amend section 54.504(b) of our rules to make clear that no technology plan is needed if applicants are applying only for interconnected VoIP. We also agree with Funds for Learning that any interconnected VoIP hardware that does not meet the test for Priority 1 services in the Tennessee Order should be considered Priority 2 internal connections and should be ineligible for Priority 1
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. . These documents are not incorporated by reference into the Eligible Services List. This version of the Eligible Services List is dated December 2, 2009. Some eligibility information in this List represents
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- Order, 12 FCC Rcd at 8789, para. 21 and 8793, para. 27. 47 U.S.C. 254(b)(3) (emphasis added). See CTIA v. FCC, 330 F.3d 502, 512 (D.C. Cir. 2003). 47 U.S.C. 160(a)(1); 47 U.S.C. 214(e). ; Universal Service First Report and Order, 12 FCC Rcd at 8861, 8873, 8875, paras. 151-152, 174, and 178. 47 C.F.R. 54.401, 54.504. See Universal Service First Report and Order, 12 FCC Rcd at 8876, para. 179; 47 C.F.R. 251(c)(4). See Universal Service First Report and Order, 12 FCC Rcd at 8876, para. 179. Virgin Mobile Reply Comments at 5. Forbearance Petition at 8; Virgin Mobile Reply Comments at 3. See 47 C.F.R. 54.405(a) (requiring ETCs to offer Lifeline service). Forbearance
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- the new certification. We seek comment on this tentative conclusion. Other Proposed Rule Revisions We also seek comment on revising certain rules to reflect more accurately existing statutory language regarding the CIPA certifications. First, we propose to revise the rules so that the definitions of elementary and secondary schools are consistent throughout. At this time, rule sections 54.500, 54.501, and 54.504 all contain differently worded definitions of elementary and secondary schools. We propose to define elementary and secondary schools in section 54.500 of the rules, and to revise sections 54.501 and 54.504 to refer to section 54.500 definitions. We seek comment on this proposal. Second, we propose to revise section 54.520(a)(1) to add ``school board'' to the definition of entities that
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- para. 22. Id. at 3390 n.67. Id. at 3391, para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. Id. Id. See TracFone Forbearance Order, 20 FCC Rcd at 15100-01, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18. 47 C.F.R. 54.401, 54.504. See TracFone Forbearance Order, 20 FCC Rcd at 15104-05, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29. See Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392-93, para. 27 (``[W]e do not believe that similar requests will have a detrimental impact on the fund. We note that to the extent any similarly situated prepaid wireless
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- Lifeline support.34 26Id.at 3391, para. 22. 27Id.at 3390 n.67. 28Id.at 3391, para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. 29Id. 30Id. 31SeeTracFone Forbearance Order, 20 FCC Rcd at 1510001, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18. 3247 C.F.R. 54.401, 54.504. 33SeeTracFone Forbearance Order, 20 FCC Rcd at 1510405, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29. 34SeeVirgin Mobile Forbearance Order, 24 FCC Rcd at 339293, para. 27 ("[W]e do not believe that similar requests will have a detrimental impact on the fund. We note that to the extent any similarly situated prepaid wireless reseller seeks
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- applications. In both cases, we grant a waiver for one application and deny it for the other for the reasons articulated in this order. See appendices B, C, and D. See appendices A, B and C. See appendix D; 47 C.F.R. 54.507(c). We also deny in part two requests. See supra n.3. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. The annual cap on E-rate funds is
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- of prioritization rules beginning at para. 128. See Appendix A, 47 C.F.R. 54.653(b)(1). In comparison, Pilot Program participants are required to submit budgets on line-item network costs worksheets that accompany FCC Forms 465 and 466-A. See 2007 Pilot Program Selection Order, 22 FCC Rcd at 20399, para. 76. See Appendix A, 47 C.F.R. 54.653(b)(2); cf. 47 C.F.R. 54.504(g) (describing mixed eligibility services in the E-Rate program context); see also 2007 Pilot Program Selection Order, 22 FCC Rcd at 20399, para. 76. See Appendix A, 47 C.F.R. 54.653(b). The Commission and USAC may post this information on their respective websites for prospective applicants to review. See Appendix A, 47 C.F.R. 54.654. Health infrastructure program participants would be
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- para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. Id. Id. See TracFone Forbearance Order, 20 FCC Rcd at 15100-01, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. 47 C.F.R. 54.401, 54.504. See TracFone Forbearance Order, 20 FCC Rcd at 15104-05, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. See, e.g., Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392-93, para. 27 (``[W]e do not believe that similar requests will have a detrimental impact on the fund. We
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- 31Id.at 3391, para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. 32Id. 33Id. 34SeeTracFone Forbearance Order, 20 FCC Rcd at 1510001, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. 3547 C.F.R. 54.401, 54.504. 36SeeTracFone Forbearance Order, 20 FCC Rcd at 1510405, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. 10516 Federal Communications Commission FCC 10-134 facilities requirement in section 214(e) to allow Head Start, Consumer Cellular, Midwestern, and Line Up to receive Lifeline support.37 16. Continued growth of the
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- patrons."59 As a result, use of services and facilities funded by E-rate for non-educational purposes would not be an eligible use, and schools are required to reduce their funding request by the proportion of the total use of the services and facilities that is ineligible.60 21. In 2001, the Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(v) to allow members of certain remote communities to use excess service obtained with E- (Continued from previous page) 149423, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 18598 (2000) (Brooklyn). As we noted in Brooklyn, we do not intend to disfavor or discourage multiyear or pre-paid contract agreements between service providers and eligible schools and libraries, when the
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- (2005). Id. See TracFone Forbearance Order, 20 FCC Rcd at 15101-02, paras. 15-16; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3390-91, para. 21-23; i-wireless Forbearance Order, 25 FCC Rcd at 8788, para. 12; Global Forbearance Order, 25 FCC Rcd at 10515, para. 12. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. 47 C.F.R. 54.401, 54.504. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. See id. We have imposed the same conditions on other wireless resellers for which we granted forbearance from the facilities requirement. See TracFone Forbearance Order, 20 FCC Rcd at 15103-04, 15105, paras. 18, 25; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392, para. 25; i-wireless Forbearance Order,
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- provide them, as well as documentation of how the carrier obtained the certification, to the Commission upon request.33 19. We disagree with parties that argue that the Commission should condition forbearance on Conexions' compliance with additional obligations, such as complying with state-level 911 and E911 obligations, or that the Commission should withhold forbearance until Conexions describes with 2847 C.F.R. 54.401, 54.504. 29See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. 30See id. 31We have imposed the same conditions on other wireless resellers for which we granted forbearance from the facilities requirement. SeeTracFone Forbearance Order, 20 FCC Rcd at 1510304, 15105, paras. 18, 25; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392, para. 25; i-wireless Forbearance Order, 25
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver of Sections 54.504(c), ) 54.504(f), 54.507(c), and 54.507(g) of the ) Commission's Rules ) ) State of Louisiana Department of Education ) File Nos. SLD-412169, 422313 Baton Rouge, LA ) ) Recovery School District ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al. ) New Orleans Public Schools ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al.
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- immediate, and proximate to the provision of library services to library patrons.'' As a result, use of services and facilities funded by E-rate for non-educational purposes would not be an eligible use, and schools are required to reduce their funding request by the amount of the ineligible use. In the Alaska Order, the Commission granted a limited waiver of section 54.504(b)(2)(v) of the Commission's rules to the State of Alaska to allow members of certain rural remote communities in Alaska to use excess service obtained through the E-rate program when the services were not in use by Alaskan schools and libraries. In granting this waiver to the State of Alaska, the Commission found that nothing in the Act prohibited it from
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- with its selected service providers. The applicant must consider all submitted bids prior to entering into a contract and price must be the primary factor in selecting the most cost-effective proposal. The Commission's competitive bidding requirements apply in addition to state and local competitive bidding requirements, and are not intended to preempt such state and local requirements. Pursuant to section 54.504(c) of the Commission's rules, an applicant requesting support for eligible products and services must sign a contract for eligible services prior to filing its FCC Form 471. An applicant also must certify on the FCC Form 471 that it has entered into a service contract that complies with state and local contract laws. Tariffed services and certain month-to-month services do
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- public elementary charter school, that provides elementary education, as determined under State law.'' A secondary school is ``a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that the term does not include any education beyond grade 12.'' At this time, Commission rule sections 54.500, 54.501, and 54.504 all contain differently worded references to definitions of elementary and secondary schools. We first note that the existing definition of elementary school in section 54.500(c) tracks the statutory definition of an elementary school. We revise section 54.500(k) to make it consistent with the statute that a secondary school is ``a nonprofit institutional day or residential school, including a public secondary
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- legal fees and an ultimate loss of a foothold in the marketplace, ultimately resulting in loss of competition and consumer choice). California Rural Telephone Companies Ex Parte Letter at 2-3; OPASTCO Ex Parte. See NTCH Forbearance Petition at 5; Cricket Forbearance Petition at 7-9. See NTCH Forbearance Petition at 5; Cricket Forbearance Petition at 7-9; 47 C.F.R. 54.401, 54.407, 54.504. Letter from Patrick M. Rosvall, Counsel for Calaveras Telephone Co., Cal-Ore Telephone Co., Ducor Telephone Co., Foresthill Telephone Co., Happy Valley Telephone Co., Hornitos Telephone Co., Kerman Telephone Co., Pinnacles Telephone Co., The Ponderosa Telephone Co., Sierra Telephone Co., The Siskiyou Telephone Co., Volcano Telephone Co., and Winterhaven Telephone Co., to Marlene H. Dortch, Secretary, FCC, WC Docket No. 09-197,
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- (2005). Id. See TracFone Forbearance Order, 20 FCC Rcd at 15101-02, paras. 15-16; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3390-91, para. 21-23; i-wireless Forbearance Order, 25 FCC Rcd at 8788, para. 12; Global Forbearance Order, 25 FCC Rcd at 10515, para. 12. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. 47 C.F.R. 54.401, 54.504. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15; PlatinumTel Petition at 7; CAL Communications Petition at 12-13; ReCellular Petition at 14.. See id. Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing an Unified Intercarrier Compensation Regime; Federal-State Joint Board on
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- 74.15 88.799 Tm 93 Tz (See id.) Tj 1 0 0 1 74.15 71.049 Tm (See id.) Tj 1 0 0 1 74.15 53.799 Tm 88 Tz /OPBaseFont1 11 Tf (See 47 C.F.R.) Tj 1 0 0 1 132.7 51.899 Tm 65 Tz /OPBaseFont0 11 Tf () Tj 1 0 0 1 140.15 53.799 Tm 89 Tz /OPBaseFont1 11 Tf (54.504 \(2008\)) Tj 1 0 0 1 199.4 53.799 Tm /OPBaseFont2 11 Tf (amended by) Tj 1 0 0 1 249.8 53.549 Tm /OPBaseFont1 11 Tf (47 C.F.R.) Tj 1 0 0 1 291.8 51.899 Tm 65 Tz /OPBaseFont0 11 Tf () Tj 1 0 0 1 299.25 53.549 Tm 89 Tz /OPBaseFont1 11 Tf (54.503 \(2011\);) Tj 1 0 0
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- and local competitive bidding requirements.) Tj 1 0 0 1 386.15 411.899 Tm 103 Tz /OPBaseFont1 9 Tf (47) Tj 1 0 0 1 398.85 411.849 Tm 107 Tz /OPBaseFont2 9 Tf (C.F.R.) Tj 1 0 0 1 428.4 410.449 Tm 74 Tz /OPBaseFont0 9 Tf () Tj 1 0 0 1 435.35 411.849 Tm 116 Tz /OPBaseFont2 9 Tf (54.504. The) Tj 1 0 0 1 76.549 400.099 Tm 110 Tz (Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts) Tj 1 0 0 1 76.8 388.349 Tm (signed on or before July 10, 1997.) Tj 1 0 0 1 218.4 388.349 Tm 102 Tz /OPBaseFont1 9 Tf (See) Tj 1 0 0 1 234.7
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- record before us, however, it appears that petitioners have been denied support for some eligible basic maintenance services. To the extent necessary, we find that good cause exists to justify waivers of the requirement imposed pursuant to section 54.506(b) that a technical support contract providing for more than basic maintenance services be deemed ineligible for discounts. We also waive section 54.504(d) to permit petitioners to remove ineligible basic maintenance services from their funding requests. Finally, we eliminate the requirement, beginning funding year 2011, that a technical contract that provides for more than basic maintenance services shall be deemed ineligible for discounts. To ensure that the appeals are resolved expeditiously, we direct USAC to complete its review of each underlying application and
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- 1-4, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154, 254, and 403, this order IS ADOPTED. IT IS FURTHER ORDERED, pursuant to section 1.103(a) of the Commission's rules, 47 C.F.R. 1.103(a), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). (last viewed Apr. 12, 2011). See generally Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., Schools and Libraries Universal Service Support Mechanism, File
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- created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.618. 2 Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.619. 6. Section 54.504 is amended by revising the first sentence of paragraph (b)(1), revising paragraph (b)(2)(vii), and revising the first sentence of paragraph (b)(3) to read as follows: * * * * * (b)(1) Schools, libraries, and consortia, including those entities wishing to receive discounts for eligible services under this subpart, shall submit requests for services to the Schools and Libraries Corporation. *
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- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its 8 request for services is posted on a website to make commitments with a selected service provider). For example, a school that uses a courier service to deliver its signed contract on the morning of the first day 9 of a window will be treated the same as
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- or beneficiary involvement in the universal service support mechanisms is necessary to promote the Commission's goals of cost-efficient and neutral administration of universal service support. Although it supports NECA's appointment as 89 Federal Communications Commission FCC 97-253 Ameritech comments at 4. 90 See 47 C.F.R. 1.108. 91 See Universal Service Order at para. 571. See also 47 C.F.R. 54.504(b)(1); (b)(3). 92 16 temporary administrator, Ameritech contends that the Commission should use the experience it gains during this interim period to evaluate whether the permanent universal service administrator need have on its board of directors any representation from the industry or beneficiaries of the fund. 90 IV. DISCUSSION A. Overview 25. In this Order, we direct NECA to create an
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- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. 8. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its request for services is posted on a website to make commitments with a selected service provider). 9. For example, a school that uses a courier service to deliver its signed contract on the morning of the first day of a window will be treated the same as a
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- as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. 54.511(d); see also 47 C.F.R. 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998 and December 31, 1998. 47 C.F.R.
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- Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, FCC 97-253, Report and Order and Second Order on Reconsideration (rel. July 18, 1997) at para. 1 (NECA Order). 5. NECA Order at para. 2. 6. See Chairman Hundt Names Members to Universal Service Boards, News Release (rel. Sept. 9, 1997). 7. 47 C.F.R. 54.504. References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.wp 2. http://www.fcc.gov/formpage.html#470 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_2_ 5. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_3_ 6. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_4_ 7. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_5_ 8. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_6_ 9. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_7_ 10. http://www.fcc.gov/formpage.html#470
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- service support.[4]^(2) The Corporations will announce the date on which the websites will be operational and the date on which the window filing period will end. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. Federal-State Joint Board on Universal Service, CC Docket 96-45, Third Report and Order, FCC 97-380 (rel. Oct. 14, 1997). 2. 47 C.F.R. 54.504(b), 54.603(b). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_2_
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- 54.521(f). 10Second Report and Order, 18 FCC Rcd at 9225, 66. 11 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 12See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 13Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 14``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
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- 54.521(f). 22Second Report and Order, 18 FCC Rcd at 9225, 66. 23 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 24See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 25Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 26``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
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- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
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- created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.618. 2 Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.619. 6. Section 54.504 is amended by revising the first sentence of paragraph (b)(1), revising paragraph (b)(2)(vii), and revising the first sentence of paragraph (b)(3) to read as follows: * * * * * (b)(1) Schools, libraries, and consortia, including those entities wishing to receive discounts for eligible services under this subpart, shall submit requests for services to the Schools and Libraries Corporation. *
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- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its 8 request for services is posted on a website to make commitments with a selected service provider). For example, a school that uses a courier service to deliver its signed contract on the morning of the first day 9 of a window will be treated the same as
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- or beneficiary involvement in the universal service support mechanisms is necessary to promote the Commission's goals of cost-efficient and neutral administration of universal service support. Although it supports NECA's appointment as 89 Federal Communications Commission FCC 97-253 Ameritech comments at 4. 90 See 47 C.F.R. 1.108. 91 See Universal Service Order at para. 571. See also 47 C.F.R. 54.504(b)(1); (b)(3). 92 16 temporary administrator, Ameritech contends that the Commission should use the experience it gains during this interim period to evaluate whether the permanent universal service administrator need have on its board of directors any representation from the industry or beneficiaries of the fund. 90 IV. DISCUSSION A. Overview 25. In this Order, we direct NECA to create an
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- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. 8. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its request for services is posted on a website to make commitments with a selected service provider). 9. For example, a school that uses a courier service to deliver its signed contract on the morning of the first day of a window will be treated the same as a
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 98-719 1 See 47 C.F.R. 54.504(b), (c). 2 47 C.F.R. 54.504(c). 3 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Third Report and Order, FCC 97- 380 (rel. Oct. 14, 1997) (adopting a filing window and directing the Schools and Libraries Corporation to determine the length of the window). See also Schools and Libraries Corporation and Health Care Corporation Adopt Length of
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- as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. 54.511(d); see also 47 C.F.R. 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998 and December 31, 1998. 47 C.F.R.
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- to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21, and Eighth Order on Reconsideration in CC Docket No. 96-45, FCC 98-306, 13 FCC Rcd 25058 (1998) (Eighth Reconsideration Order). See 47 C.F.R. 54.504(b)(4). See also 63 F.R. 70563 (Dec. 21, 1998). See MVCSD petition at p. 1. 47 C.F.R. 1.3. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio, 418 F.2d at 1157. Northeast Cellular,
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- authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.722(a), that the appeal filed by Gustine Independent School District, Gustine, Texas, filed June 21, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. 254 (h)(1)(B); 47 C.F.R. 54.502, 504.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1) and (b)(3). 47 C.F.R. 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. 54.504(c). Letter from Dr. Carole Tarwater, Superintendent, Gustine Independent School District to the Schools and Libraries Corporation, dated March 3, 1999. Letter from the Schools and Libraries Division, Universal Service Administrative Company to Dr. Carole Tarwater, dated May 25, 1999 (Administrator's Decision on Appeal).
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- ORDERED that section 54.507(b)(2), 47 C.F.R. 54.507(b)(2), IS WAIVED for a period of up to 180 days following the date of issuance of a Funding Commitment Letter by the Administrator pursuant to this order. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. 254 (h)(1) (B); 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(2). 47 C.F.R. 54.504(b)(3), (b)(4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(b)(2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5993, para. 22 (1999). See also, 47 C.F.R. 54.507(b)(2). Federal Communications Commission 99-2801 Federal Communications Commission DA 99-2801 0
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- states that SLD's denial of funding was erroneously based on a list of services provided and a support agreement contract, instead of the cost data New Kensington later submitted to SLD. On appeal, New Kensington asks that it receive discount funding based on this later submitted information. For the reasons set forth below, we deny New Kensington's appeal. Under section 54.504 of the Commission's rules, eligible schools, libraries and consortia must file FCC Forms 470 (``Description of Services Requested and Certification'') and 471 (``Services Ordered and Certification Form'') with the Administrator in order to receive discount funding under the schools and libraries support mechanism. The Commission's rules thus clearly contemplate that these forms constitute the means by which eligible schools, libraries,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.txt
- also reveals that SLD did not post Runnemede's FCC Form 470 to its web site at that time, nor did it notify Runnemede that it was not doing so. The lack of 28 days posting prior to the filing of Runnemede's FCC Form 471 thus resulted from SLD's failure to timely post the FCC Form 470 in accordance with section 54.504(b)(3) of the Commission's rules. In light of the fact that SLD's failure to post Runnemede's FCC Form 470 to its web site resulted in Runnemede's non-compliance with the 28 day posting requirement set forth in 47 C.F.R. 54.504(b)(4), we believe that a waiver of that requirement is warranted. Under these circumstances, we remand Runnemede's application to SLD for reprocessing
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- date of this Order. For example, when a service provider went out of business, the Administrator permitted the applicant to choose a new service provider, provided that the new service provider had been part of the original competitive bidding process or the applicant chose the new service provider in conformity with the Commission's competitive bidding rules. See 47 C.F.R. 54.504 and 54.511. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 4, 1999, at 2-3 (USAC service provider changes ex parte). Id. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 9, 1999, at 2 (USAC disbursements ex parte). In its letter, USAC explains that, during
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- competition among service providers and ensure that schools and libraries benefited from the competition. The specific competitive bidding rules violated here include the commitment or disbursement of funds for applications that: (i) failed to secure a signed contract prior to filing the FCC Form 471 with USAC indicating which services were ordered under the discount mechanism, as required under section 54.504(c) of the Commission's rules; (ii) failed to seek competitive bids and post service requests on the Administrator's website for 28 days prior to entering into a contract or taking services pursuant to a tariff, as required under sections 54.504(a) and 54.504(b)(4) of the Commission's rules; and (iii) failed to calculate properly the service periods for which applicants were eligible for
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Universal Service Administrative Co., Schools and Libraries Division, to Bill Hunter, Brimfield C.U. School Dist. #309, dated September 17, 1999. Letter from William Hunter, Ed.D., Superintendent/Principal, Brimfield School District #309, to Federal Communications Commission, dated September 24, 1999. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). The February 27, 1998 date referenced by SLD in its September 17, 1998 letter incorporates the 28-day competitive bid waiting period beginning from January 30, 1998 (the date that the Schools and Libraries website became fully operational). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform,
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- Bureau Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Ozarks has attached a copy of the FCC Form 471 it allegedly filed with SLD to its Letter of Appeal. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R. 54.504,
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- behalf of Intermediate Unit #19 Consortium, Archbald, Pennsylvania IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Administrative Co., to Robert Carpenter, Intermediate Unit #19, dated February 25, 1999. The funding commitment decision amount included an automatic extension of monthly costs through June 30, 1999. Letter from John R. Williams, Superintendent of Schools, Scranton City School District, to Schools and Libraries Corporation, dated March
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- filed by Ruidoso Municipal School District, Ruidoso, New Mexico on May 6, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Lawrence E. Strickling Chief, Common Carrier Bureau Letter to the Office of the Secretary, Federal Communications Commission, from Paul Wirth, Director of Instructional Support, Ruidoso Municipal School District, filed May 6, 1999 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Administrative Company, to Paul Wirth, Ruidoso Municipal School District, dated February 18, 1999. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Paul Wirth, Ruidoso Municipal School District, dated April 9, 1999 (Administrator's Decision on Appeal). Administrator's Decision on Appeal at 1. Letter to the Office
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Universal Service Administrative Co., Schools and Libraries Division, to Carole Bell, McAllen Independent School District, dated September 16, 1999. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). The February 27, 1998 date referenced by SLD in its September 16, 1999 letter incorporates the 28-day competitive bid waiting period beginning from January 30, 1998 (the date that the Schools and Libraries website became fully operational). 47 C.F.R. 54.511(c), 47 C.F.R. 54.511(d). See Federal-State Joint Board on Universal Service, CC Docket No.
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- 0.91, 0.291, and 54.722(a), that the Letter of Appeal filed on July 2, 1999, by Currituck County Schools, Currituck, North Carolina, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Jesse Stallings, Currituck County Schools, to Federal Communications Commission, filed July 2, 1999 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776,
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- 10, 1998 through June 30, 2000. Because it had signed a contract in October 1997, Cochrane was required, as was the case with all schools and libraries entering into contracts between July 10, 1997 and January 30, 1998, to seek competitive bids for all services eligible for support for year 2 of the schools and libraries program. Consistent with sections 54.504 and 54.511(c)(1)(ii) of the Commission's rules, Cochrane filed its FCC Form 470 and left Block 3, Item 10 of the application unchecked, thereby indicating to SLD that its application should be posted on the SLD website. The SLD posted Cochrane's FCC Form 470 on March 1, 1999 and set Cochrane's allowable contract date as March 29, 1999. Cochrane's FCC Form
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- Common Carrier Bureau Letter from Robert F. Holly, Methacton School District, to Secretary, FCC, dated October 22, 1999 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R 54.504(a). See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order, 12 FCC Rcd 8776, 9029, para. 480 (1997) (Universal Service Order), as corrected by Federal State Joint Board on Universal Service, CC Docket 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part and remanded in part, Texas Office of Public Utility Council
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- issued July 8, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920-23, paras. 6-14 (1998) (Fifth Reconsideration Order). Fifth Reconsideration Order, 13 FCC Rcd at 14920, para. 8. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001517.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001517.txt
- (Letter of Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Evelyn Smaglinski, Ubly Community Schools, issued July 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Evelyn Smaglinski, Ubly Community Schools, issued January 31, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter and Pre-Discount Cost Calculation Worksheet from Evelyn Smaglinski, Ubly Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed March 19, 1999. See Funding Commitment Decision Letter at 5. Letter from Evelyn Smaglinski, Ubly Community Schools, to Schools and Libraries Division, Universal Service Administrative
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- 0.91, 0.291, and 54.722(a), that the Letter of Appeal filed on April 21, 2000, by Minor High School, Adamsville, Alabama, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Van Phillips, Minor High School, to Federal Communications Commission, filed April 21, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776,
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- (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Letter from Universal Service Administrative Company to David Koch, Metropolitan School District of Pike Township, issued October 12, 1999. Letter of Appeal. Letter of Appeal. >. See Schools and Libraries
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- Policy Division Common Carrier Bureau Letter from Christina Skowronek, Our Lady of Guadalupe School, to the Federal Communications Commission, filed May 23, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Policy Division Common Carrier Bureau Letter from L. Michael Smithmier, St. Pius X High School, to Federal Communications Commission, filed March 29, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Chief, Accounting Policy Division Common Carrier Bureau Letter from Linda Phifer, Wilmington CUSD #209-U, to the Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001857.doc
- and 54.722(a), that the appeal filed by Huron City School District, Huron, Ohio, on May 24, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Donald Pflieger, Huron City Schools, to the Federal Communications Commission, filed May 24, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001859.doc
- Maple Valley Public School District #4, Tower City, North Dakota, on April 28, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Ron Stahlecker, Maple Valley Public School District #4, to the Federal Communications Commission, filed April 28, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001861.doc
- 0.291, and 54.722(a), that the appeal filed by Wayne Community Schools, Corydon, Iowa, on May, 18, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Mason, Wayne Community Schools, to the Federal Communications Commission, filed May 18, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.txt
- Division, Universal Service Administrative Company, to Ronald K. MacClay, Medford Township Board of Education, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education, dated April 17, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.txt
- Appeal). Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Metuchen School District, dated August 24, 1999 (Funding Commitment Decision Letter); Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald MacClay, Metuchen School District, dated May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.txt
- from Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District 721, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District No. 721, dated April 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.txt
- 47 C.F.R. 54.502, 45.503. See 47 C.F.R. 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. 54.507(g). Request for Waiver, at 15. Request for Waiver, at 15. Request for Waiver, at 15. Request for Waiver, at 16. Request for Waiver, at 1. Runnemede
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Joyce S. Friske, Jenks Public Schools, to Federal Communications Commission, filed May 2, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Suzanne W. Griffin, Richmond County Schools, to Federal Communications Commission, filed May 4, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002049.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002049.txt
- Appeal). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Joe Gann, Franklin County Public Schools, issued January 31, 2000 (SLD Appeal Determination Letter); Letter from Schools and Libraries Division to Joe Gann, Franklin County Public Schools, issued July 8, 1999 (Funding Commitment Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.txt
- Company, to Les Goto, Niu Valley Intermediate School, dated May 4, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated Jul. 8, 1999; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated May 4, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.txt
- School Corporation of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, Request for Review, filed April 28, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Oct. 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Apr. 25, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.txt
- 0.291, and 54.722(a), that the Letter of Appeal filed on February 9, 2000, by Bancroft-Rosalie Community Schools, Bancroft, Nebraska, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Dr. Jon Cerny, Bancroft Rosalie Community Schools, to Federal Communications Commission, filed February 9, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). See Schools and Libraries Universal Service, Services Order and Clarification Form, OMB 3060-0806 (FCC Form 471), Block 5, Item 15; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered, and Certification Form, OMB 3060-0806. Letter of the Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.txt
- of Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002629.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002629.txt
- eligible schools and libraries to seek competitive bids for all services eligible for discounts. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library could change service providers after the school or library has submitted an FCC Form 471 application designating a particular service provider. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider with which the applicant has signed a contract, makes no provision for a change of providers once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form 471 that its service
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002630.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002630.txt
- 2000 (Letter of Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to William Doyle, Anderson School, issued December 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maria A. Espie, Anderson School, issued May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Maria A. Espie, Anderson School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 5, 2000 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Letter of Appeal at 3. Id. Federal-State Joint Board on Universal Service, CC Docket No.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002631.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002631.txt
- (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Winterset Community Schools, Year 2 Form 471 Filing, application no. 135186, filed March 24, 1999 (Winterset Form 471). Winterset Form 471, Block 5. Letter from Mike Weis, Interstate 35 Telephone
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- seeks discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS'
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.txt
- Mattey Deputy Chief, Common Carrier Bureau Letter from Anne B. Spaziani, Sackets Harbor Central School District 56, to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002900.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002900.txt
- an applicant that does not meet the exact criteria outlined in November 2000 Extension Order still qualifies for an extension of the deadline, the applicant may also receive the relief granted in this Order. May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8. See also Tenth Reconsideration Order, 14 FCC Rcd at 5991-94, paras. 17-23; 47 C.F.R 54.504(a). 00-2900 00-2900 b c d c d tm 8 tm
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00100.doc
- funds needed to cover the discounted portion of the price of the eligible services. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library would change service providers after the school or library has submitted an FCC Form 471 application designating a particular service provider. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider with which the applicant has signed a contract, makes no provision for a change of providers once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form 471 that its service
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.txt
- with the Commission's rules. Accordingly, we grant the requests for review and remand those applications to SLD for further processing. Circumstances Do Not Warrant a Waiver of Our Competitive Bidding requirements. IV. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 54.504, 54.511, 54.719 and 54.722 of the Commission's rules, 47 C.F.R. 54.504, 54.511, 54.719 and 54.722, that the November 24, 1999, December 16, 1999, and January 13, 2000, Letters of Appeal filed by MasterMind Internet Services, Inc., ARE DENIED IN PART and REMANDED IN PART FOR FURTHER PROCESSING TO THE EXTENT PROVIDED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00204.doc
- Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part, and remanded in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated ground), petitions for cert. pending. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Letter of D. Scott Barash, Vice President and General Counsel, Universal Service Administrative Company, to Magalie Roman Salas, Secretary, FCC (filed March 13, 2000) (USAC Letter). USAC Letter at 2. The Administrator states that SLD's online filing capabilities were
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00260.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00260.txt
- Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part, and remanded in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated ground), petitions for cert. pending. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Letter of D. Scott Barash, General Counsel, Universal Service Administrative Company, to Carol Mattey, Deputy Chief, Common Carrier Bureau, dated July 7, 2000 (USAC Letter). USAC Letter at 1. USAC Letter at 1. USAC Letter at 1. USAC
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.txt
- of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.txt
- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.txt
- Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.txt
- Common Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.txt
- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.txt
- Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.txt
- Review filed by Yeshiva Ahavas Torah, Brooklyn, New York, filed April 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. 254 (h)(1)(B); 47 C.F.R. 54.502, 504.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1). 47 C.F.R. 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.txt
- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010351.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010351.txt
- See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Chris Wickund, Cheney Public School District No. 360, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to David Sackville-West, Cheney Public Schools, issued April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010352.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010352.txt
- Bureau Letter from Darrell Earwood, Flour Bluff Independent School District, to Federal Communications Commission, filed April 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999. See Letter from Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999 at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010387.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010387.txt
- the Matter of Request for Review of the Decision of the Universal Service Administrator by Copan Public Schools, Copan Oklahoma, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, 15 FCC Rcd 5498 (2000). (Copan Order). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.txt
- Carrier Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010420.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010420.txt
- Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Shirley P. Whelen, Buffalo & Erie County Public Library, issued April 25, 2000 (Administrator's Decision on Appeal). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010506.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010506.txt
- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010523.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010523.txt
- Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued May 9, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010524.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010524.txt
- Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010525.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010525.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued March 31, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Funding Commitment Decision Letter at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010585.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010585.txt
- Board, to the Federal Communications Commission, filed November 9, 1999 (November 9, 1999, Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joe Brown, Caddo Parish School District, issued October 12, 1999 (Funding Commitment Decision Letter). See 47 C.F.R. 54.720. See 47 C.F.R. 1.7. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Remote access routers allow access to the Internet from any location by any individual knowing the dial-in telephone number. Access routers, with no remote capabilities, cannot provide dial-in access to the Internet from remote locations. >. See November 9, 1999, Request for Review at 1. Request for Review of the Decision by the Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010586.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010586.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company to Steven Wester, Rockwood School District R 6, issued August 10, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven Wester, Rockwood School District R 6, issued March 22, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010587.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010587.txt
- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued September 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Peter J. Negroni, Springfield Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed October 4, 1999 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Request for Review. Id. at 2. See id. at 2. >, at 34 (Schools
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010648.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010648.txt
- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed June 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010649.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010649.txt
- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed May 30, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010650.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010650.txt
- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470); see 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010652.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010652.txt
- May 11, 2000 (Administrator's Decision on Appeal). The Commission's rules provide that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 CFR 54.419(c). 47 C.F.R. 54.402, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010653.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010653.txt
- (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010655.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010655.txt
- Chief, Common Carrier Bureau Letter from John H. Leaman, Visitation Academy, Bay City, Michigan, to the Federal Communications Commission, filed May 24, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Although the application process involves other preliminary steps, these are not relevant to the instant appeal. See FCC Form 471, Block 5. > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010736.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010736.txt
- Letter from Principal Maxwell, South West Adventist Jr. Academy, to Federal Communications Commission, filed August 25, 2000 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the number of students that attend the
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.txt
- We direct SLD to process Audrey Pack's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010776.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010776.txt
- Bureau Letter from Michael T. Bauer, Central Minnesota Computer Center, to Federal Communications Commission, filed October 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010777.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010777.txt
- St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010778.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010778.txt
- on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-26231, CC Dockets No. 96-45 and 97-21, 15 FCC Rcd 5498, 1 (rel. 2000) (Copan Order). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010793.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010793.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company to Bernard DiNatale, Chelmsford Public School District, issued November 16, 1999 (Telecenter Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bernard DiNatale, Chelmsford Public School District, issued May 4, 2000 (Telecenter Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Cellular Service Funding Commitment Decision Letter at 5. See Cellular Service Administrator's Decision on Appeal at 1. >. The Eligible Services List provides guidance from SLD on the eligibility of products and services for which applicants may be seeking funding. See id. Cellular Service Letter of Appeal. See Cellular Service Letter of Appeal.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010794.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010794.txt
- Seifert Deputy Chief, Accounting Policy Division Letter from Monte Nardy, Children's Village Academy, Kinston, North Carolina, to the Federal Communications Commission, filed October 26, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Monte Nardy, Children's Village Academy, issued September 29, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 470 Instructions), OMB Approval No. 3060-0806, at Block 5, Item 23 (September 1999); see also SLD website, . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification (FCC Form 471
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- 9, 2000 (Request for Review). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 45.503. See Schools and Libraries Universal Service, Description of Service Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service First Report and Order), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service First Report and Order in part and reversing and remanding on unrelated grounds),
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- (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued March 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD 113262, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Com. Car. Bur. rel. July
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- and Libraries Division, Universal Service Administrative Company, to Roger E. Whaley, New Albany-Floyd County Consolidated School Corporation, dated August 17, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Roger Whaley, New Albany-Floyd County Consolidated School Corporation, dated May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of
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- Policy Division Common Carrier Bureau Letter from Margaret Blake, Mobile County Public School System, to the Federal Communications Commission, filed August 3, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Margaret Blake, Mobile County Public School System, dated July 6, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- service provider's contract indicated that 3 network servers and 48 lines, to serve 48 client operating systems, would be connected to the proposed network. Laurel Hall clearly sought funding for a much larger network configuration than it could support with the hardware it proposed to obtain during the funding year. That alone, on its face, establishes a violation of section 54.504 of the Commission's rules. Furthermore, Laurel Hall did not explain why it believed that its technology plan provided adequate levels of budgeted funds to obtain necessary resources and to train staff, acquire software, retrofit buildings, and maintain the services, especially for a network the size of the one sought by Laurel Hall. We find no basis upon which to overturn
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- Hawthorne, Esq., on behalf of Mercer County School District, to Federal Communications Commission, filed June 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010855.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010855.txt
- Carrier Bureau Letter from John Fuller, Massachusetts Department of Education, to Federal Communications Commission, filed October 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued November 9, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. Letter from Larry Teixeira, Kerman Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. The PIA reviews applications and is responsible for ensuring that the discounts sought by applicants are for eligible services and for eligible uses. See Administrator's Decision
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- Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Elementary School District, issued September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Union Elementary School District, issued May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). See SLD web site, ; see Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471 Instructions),
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See SLD Program Description. See id. Letter from Schools and Libraries Division, Universal Service Administrative Co, to Doug Joiner, Marion County School District, dated June 18, 1999, at 2 (RAL). RAL at 2. RAL
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- Common Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service
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- Bureau Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999)
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- Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to SLD). Appeal to SLD
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- that the July 25, 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- Waiver Request filed by Homer Community Consolidated School District 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division,
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- 54.722(a), that the Waiver Request filed by Immaculate Conception School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision
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- Division 1Letter of Appeal from Nathaniel Hawthorne, Attorney for Wetzel County School District, to the Federal Communications Commission, filed May 15, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Wetzel County School District, issued May 5, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 4 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1998) (Form 470 Instructions). FCC Form 471, Wetzel County Public School District, filed January 18, 2000 (Wetzel Form 471), at 3. Id. See Funding Commitment Decision Letter at 6. See Request for Review at
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- COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from Nathaniel Hawthorne, Attorney for Richland School District, to Federal Communications Commission, filed August 17, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Richland School District, issued July 18, 2000 (Notification Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Richland School District, filed March 29, 2000. See Notification Letter at 1. USCN is the Universal Service Control Number. See Request for Review at 2. (continued....) Federal Communications Commission DA 01-1202 Federal Communications Commission DA 01-1202 @ @& 0 0 0 0 0 0
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- COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Patricia Linville, Seward Community Library, to Federal Communications Commission, filed June 30, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Linville, Seward Community Library, dated June 20, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
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- and 54.722(a), that the Waiver Request filed by Danbury Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- 1.3, and 54.722(a), that the Waiver Request filed by Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Beverly Knox-Pipes, Genesee Intermediate School District, Flint, Michigan, dated July 7, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Genesee Intermediate School District, filed April 5, 1999 (Form 471). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Form 471 Instructions). The information attached to describe the funding requests in items 15 and 16 is listed in Attachment 17 to FCC Form 471. Letter from Schools
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- Waiver Request filed by Holland-Alexandria Free Public Library, Milford, New Jersey, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sylvia Gidwani, Holland-Alexandria Free Public Library, Milford New Jersey, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. FCC Form 471, Holland-Alexandria Free Public Library, filed January 27, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Gidwani, Holland-Alexandria Free Public Library, dated June 20, 2000 (Administrator's Decision on Appeal); see also Letter from Schools and
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- 0.91. 0.291, and 54.722(a), that the Waiver Request filed by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to
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- from Diane McCord, Madison District Schools, to Federal Communications Commission, filed February 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.507(g)(1)(iii); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011362.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011362.txt
- and Libraries Division, Universal Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- filed March 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon, dated April 28, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon and Heidi McDuffie, dated February 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.txt
- that the Waiver Request filed by Flint Memorial Library, North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011504.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011504.txt
- Mattey, Deputy Chief Common Carrier Bureau Letter from Bruce Watson, Fair Lawn Board of Education, to Federal Communications Commission, filed June 22, 2000 (Request for Waiver); see also Letter from Bruce Watson, Fair Lawn Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, dated February 22, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed November 19, 1999 (November Form 471). Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed December 10, 1999 (December Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.txt
- Bureau Letter from Dean G. Wilt, Altoona Area School District, to Federal Communications Commission, filed February 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R 54.504(a). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011508.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011508.txt
- Inc., Staten Island, New York on January 24, 2000 and March 16, 2000, ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letters from John Angelides, Connect2 Internet Networks, Inc., to Federal Communications Commission, filed January 24, 2000 and March 16, 2000 (Requests for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011509.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011509.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.txt
- the Waiver Request filed by Marshall County Board of Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011514.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011514.txt
- Letter from Karen Aeppli, Santa Ana Unified School District, to Federal Communications Commission, filed March 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.txt
- Waiver Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011620.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011620.txt
- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- (Consolidated Appeal); see also Letter from Benajmin Aron to Mark Seifert and Andy Firth, Federal Communications Commission, filed March 6, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). Federal-State Joint Board on Universal Service, Order on Reconsideration, CC Docket No. 96-45, 12 FCC Rcd. 10095, 10098, at para. 9 (1997). See letter of SLD to Consolidated Schools (``Further Explanation of Administrator's Funding Decision''), dated October 13, 2000, at 1 (Explanatory Letter). Explanatory Letter at 1.
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- schools and libraries to seek competitive bids for all services eligible for discounts. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library could change service providers or services after the school or library has submitted an FCC Form 471 application designating a particular service. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider and services with which the applicant has signed a contract, makes no provision for a change of providers or services once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form
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- 470 (FCC Form 470). The Schools and Libraries Division of the Universal Service Administrative Company (SLD or USAC) posted Saint Jo's FCC Form 470 to its web site on December 28, 1999. Because SLD failed to timely post Saint Jo's FCC Form 470, Saint Jo was unable to comply with the competitive bidding rules set for in 47 C.F.R. 54.504(b)(4). Subsequently, SLD denied Saint Jo's FCC Form 471 application on October 13, 2000 as a violation of the competitive bidding rules. On April 25, 2001, USAC filed a letter with the Commission relating the above facts and urging the Commission to grant Saint Jo's waiver request consistent with the Commission's decision in Runnemede Public Schools. Because the delay in posting
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- Accounting Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.txt
- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011821.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011821.txt
- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). See also 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011825.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011825.txt
- seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michael J. Palladino, ACCEPT Educational Collaborative, dated October 29, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011826.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011826.txt
- Common Carrier Bureau Letter from Gary Marks, Bloomfield Community Schools, to Federal Communications Commission, filed February 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 15. See SLD web site, ; see Form 471 Instructions. See Request for Review of the Decision of the Universal Service Administrative Company
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- Accounting Policy Division Common Carrier Bureau Letter from Rita Simpson, Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998)
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- Accounting Policy Division Common Carrier Bureau Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011936.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011936.txt
- COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Nathaniel Hawthorne, Esq., on behalf of Cleveland Municipal School District, Cleveland Ohio, to Federal Communications Commission, filed November 13, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.txt
- filed by Mater Dei High School, New Monmouth, New Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as
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- Schools, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bob Liles, Pinellas County Schools, dated May 16, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011975.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011975.txt
- Town County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.txt
- extent provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011980.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011980.txt
- Bureau Letter from Milt Dougherty, Little River Unified School District, to Federal Communications Commission, filed January 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011981.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011981.txt
- Accounting Policy Division Common Carrier Bureau Letter from David H. Kimball, Brockton Public Schools, to the Federal Communications Commission, filed May 22, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.txt
- Waiver Request filed by New Paltz Central School District, New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.txt
- and 54.722(a), that the Waiver Request filed by Painesville City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012018.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012018.txt
- Carrier Bureau Letter from John Sartin, Richland Parish School District, to Federal Communications Commission, filed May 10, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.txt
- 54.722(a), that the Waiver Request filed by St. Ignatius Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.txt
- that the Waiver Request filed by the Stephen/Argyle Central School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late).
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012021.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012021.txt
- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. 54.504(b)(4). See FCC Form
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012022.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012022.txt
- FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c); 47 C.F.R. 54.504(b)(3) and (4); 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. 54.504(b)(4).
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.txt
- 1.3, and 54.722(a), that the Waiver Request filed by the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012024.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012024.txt
- 54.722(a), that the Waiver Request filed by the Ballard Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3) and (4); 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.txt
- 54.722(a), that the Waiver Request filed by the Elgin Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012026.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012026.txt
- from Denise Hoek, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, to Federal Communications Commission, filed April 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 480 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.txt
- 0.291, 1.3, and 54.722(a), that the Waiver Request filed by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012037.txt
- provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, issued July 7, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.txt
- 0.291, and 54.722(a), that the Requests for Review filed by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bette M. Swilley, dated October 26, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012085.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012085.txt
- 16, 1999 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012087.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012087.txt
- 16 FCC Rcd 3931 (Com. Car. Bur. 2000) (extending timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. 1.3. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.txt
- Chief, Common Carrier Bureau Petition for Reconsideration of Charlotte County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.txt
- and 54.722(a), that the Waiver Request filed by the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.txt
- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated March 9, 2000 (SLD Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated September 15, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, OMB No. 3060-0806, at Block 6 Item 25 and Block 6, Item 33 (September 1999); see also SLD website, . 47 U.S.C. 254(h)(1)(B). Id.; see also 47 C.F.R. 54.504(b)(2). See 47 C.F.R. 54.702(h) (requiring that the Administrator's annual report to the Commission detail the Administrator's ``administrative action intended
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.txt
- Bureau Letter from David Martell, Haslett Public Schools, Haslett, Michigan, to Federal Communications Commission, filed February 28, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions)(September 1999), at p. 2-3. >. 47 C.F.R. 54.511(c). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.txt
- and 54.722(a), that the Request for Waiver filed by Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma,
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- taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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- Federal Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.txt
- that the Waiver Request filed by Bear Lake County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012330.txt
- direct SLD to process West Las Vegas's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012332.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012332.txt
- and 54.722(a), that the Waiver Request filed by the Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January
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- the Waiver Request filed by the Montville Township Public Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Montville Township Public Schools, filed January
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- G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year
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- G. Seifert, Deputy Chief Accounting Policy Division Common Carrier Bureau Letter from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. 47 C.F.R. 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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- the extent provide herein, and Lettie Jensen's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal
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- COMMISSION Magalie Roman Salas Secretary Letter from Eric Militz, Naperville Community Unit School District 203, to the Federal Communications Commission, filed July 11, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Marty Barnicle, Naperville Community Unit School District 203, dated June 14, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.txt
- and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998) (Eighth Order on Reconsideration). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2000) (Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (Form 486 Instructions). 47 U.S.C. 254(h)(5)(A), (6)(A). Hereinafter we will refer collectively to all of the persons specified in the statute as
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- Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, FCC 97-253, Report and Order and Second Order on Reconsideration (rel. July 18, 1997) at para. 1 (NECA Order). 5. NECA Order at para. 2. 6. See Chairman Hundt Names Members to Universal Service Boards, News Release (rel. Sept. 9, 1997). 7. 47 C.F.R. 54.504. References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.wp 2. http://www.fcc.gov/formpage.html#470 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_2_ 5. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_3_ 6. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_4_ 7. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_5_ 8. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_6_ 9. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_7_ 10. http://www.fcc.gov/formpage.html#470
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- service support.[4]^(2) The Corporations will announce the date on which the websites will be operational and the date on which the window filing period will end. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. Federal-State Joint Board on Universal Service, CC Docket 96-45, Third Report and Order, FCC 97-380 (rel. Oct. 14, 1997). 2. 47 C.F.R. 54.504(b), 54.603(b). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_2_
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- 47 C.F.R. 36.612. 37 Universal Service Order, 424-607. See 47 U.S.C. 254(h). 38 The Commission directed NECA to create an unaffiliated corporation, the Schools and Libraries Corporation, to administer specific aspects of the universal service support mechanism for schools and libraries. See Universal Service Second Order on Reconsideration, 57 et seq. See also 47 C.F.R. 54.504. 11 include the data on high cost support in the winter Monitoring Report. Under the Commission's rules, companies are also permitted to update their high cost assistance data on a quarterly basis.36 We direct the administrator to forward those updates to the Commission on a quarterly basis, so that they may be included in the following edition of the Monitoring
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- Reconsideration, filed April 14, 2000 (USAC Petition). Request for Review of the Decision of the Universal Service Administrator by Copan Public Schools, Copan, Oklahoma; Federal-State Joint Board on Universal Service; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-26231, CC Docket Nos. 96-45, 97-21, Order, FCC 00-100 (March 16, 2000) (Copan Order). Section 54.504(c) of the Commission's rules makes commitments of support to eligible schools and libraries contingent upon the applicant's filing of an FCC Form 471 identifying the service provider with which the applicant has entered into an agreement. Each service provider has a unique SPIN number. Consequently, if an applicant desires to change service providers, it must report the proposed change to
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- 20554 Vol. 20 No. 47 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 March 7, 2001 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: TEL-00363S Released: 03/07/2001. STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING. CCB [1]DOC-210825A1.pdf [2]DOC-210825A1.txt Released: 03/07/2001. STATE OF ALASKA SEEKS A DECLARATORY RULING AND WAIVER OF SECTION 54.504(B)(2)(II) OF THE COMMISSION'S RULES. (DA No. 01-584). (Dkt No 96-45). Comments Due: 04/06/2001. Reply Comments Due: 05/07/2001. CCB. Contact: Adrian Wright 202-418-0854 [3]DA-01-584A1.pdf [4]DA-01-584A1.doc [5]DA-01-584A1.txt Released: 03/07/2001. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. CIB [6]DOC-210821A1.pdf [7]DOC-210821A1.txt Report No: 44936 Released: 03/07/2001. BROADCAST ACTIONS. MMB [8]DOC-210820A1.pdf [9]DOC-210820A1.txt [10]DOC-210820A1.txt Report No: 24936 Released: 03/07/2001. BROADCAST APPLICATIONS. MMB [11]DOC-210819A1.pdf [12]DOC-210819A1.txt [13]DOC-210819A1.txt Report No: 298
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2001archive.html
- Libraries 2001 Headlines [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]WCB > [13]TAPD > [14]Universal Service > [15]Schools and Libraries > Headline Archives 2001 Archives [16]WCB site map Search the FCC: _______________ Submit [17]Help | [18]Advanced | [19]Share Universal Service for Schools and Libraries 2001 Headlines * Order. The Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(ii) of the Commission's rules ( Dkt No. 96-45, FCC 01-350) [20]Text | [21]Word 12/3/01 * Public Notice. The Common Carrier Bureau released a Public Notice that announces the release of revised Schools and Libraries forms (479 & 486) containing Children's Internet Protection Act Certifications (Dkt No 96-45) DA 01-1713 [22]Text | [23]Word 7/19/01 * Order. The Commission released the attached
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2006archive.html
- and Libraries 2006 Headlines Release Date Description FCC/DA# 12/12/06 Dallas Independent School District: In this Order, the Wireline Competition Bureau (Bureau) grants a request for review by Dallas Independent School District (Dallas) of a decision by USAC denying an application for discounted services for Funding Year 2004 under the E-rate program. The Bureau finds that Dallas did not violate section 54.504(c) of the Commissions rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. Accordingly, the Bureau remands the appeal to USAC for action consistent with this Order. Released on December 12, 2006. CC Docket No. 02-6. (DA 06-2500) DA 06-2500 [20]Word | [21]Acrobat 12/4/06
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
- holds that the Commissions 30 percent rule is not applicable to the petitioners applications. Released on May 8, 2007. CC Docket No. 02-6. (FCC 07-62) FCC 07-62 [57]Word | [58]Acrobat 5/8/07 Aiken County Public Schools: In this Order, the Commission grants 59 appeals of decisions by USAC denying petitioners requests for funding under the E-rate program because applicants violated section 54.504(d) of the Commissions rules, which requires USAC to deny a request for E-rate support if 30 percent or more of a request for discounts is for ineligible services. The Commission finds that 23 petitioners provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support. For the remaining 36 petitioners, the Commission finds
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- of USAC decisions denying funding to the petitioners due to certain clerical or ministerial errors in completing their FCC Forms 471 or the associated Item 21 attachments under the E-rate program. The Division finds that the issues raised here are similar to those addressed by the Commission in the Bishop Perry Order. To the extent necessary, the Division waives section 54.504(c) of its rules to allow the petitioners to amend their original applications and associated Item 21 attachments submitted to USAC. DA 08-2381 [34]Word | [35]Acrobat 10/30/08 Barberton City School District, Barberton, Ohio, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 18 requests by schools and libraries for review of USAC decisions denying applications or rescinding funding
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- 54.521(f). 10Second Report and Order, 18 FCC Rcd at 9225, 66. 11 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 12See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 13Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 14``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
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- 54.521(f). 22Second Report and Order, 18 FCC Rcd at 9225, 66. 23 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 24See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 25Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 26``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
- http://www.fcc.gov/eb/Orders/2011/DA-11-1424A1.html
- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
- http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.pdf
- find that the competitive bidding process in the instant matter violated the letter, spirit and intent of the Commission's competitive bidding requirements. Although compliance with any applicable state and local procurement laws is one of the minimum requirements for selecting services under the E-rate program, there are also certain specific Commission requirements with which all E-rate applicants must comply. Section 54.504(a) of the Commission's rules specifically states that the Commission's ``competitive bid requirements apply in addition to state and local competitive bidding requirements.'' While Send Technologies points out that the Investigative Audit Report determined that the Union Parish employee's 15 percent interest in Send Technologies did not by itself violate Louisiana state law, Send Technologies fails to make mention of other
- http://www.fcc.gov/fcc-bin/audio/DA-11-1492A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1492A1.pdf
- the Commission found that special circumstances warranted waiver, offers the ``same type of special circumstances,'' found here, namely, ``geographic anomalies that would, in combination with overly strict enforcement of a rule, unreasonably deprive a community of needed service.'' (Reply to Opposition at 7). We disagree. In Joint Board, the Commission granted the State of Alaska a limited waiver of Section 54.504(b)(2)(v) of the Rules to allow members of certain remote communities to use excess service obtained with E-rate support when the services were not in use by schools or libraries. In requesting the waiver, State of Alaska cited the high cost of Internet service in Alaska and the remoteness of the communities involved (some reachable only by air or water). Here,
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- sufficient evidence justifying further review by USAC. For the remaining two petitioners, the Commission holds that the Commissions 30 percent rule is not applicable to the petitioners applications. 5/8/07. [262]Word | [263]Acrobat| [264]Text 5/8/07 Order: In this Order, the Commission grants 59 appeals of decisions by USAC denying petitioners requests for funding under the E-rate program because applicants violated section 54.504(d) of the Commissions rules, which requires USAC to deny a request for E-rate support if 30 percent or more of a request for discounts is for ineligible services. The Commission finds that 23 petitioners provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support. For the remaining 36 petitioners, the Commission finds
- http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2008archive.html
- March 10, 2008 and reply comments on or before March 24, 2008. Public Notice: [361]Word | [362]Acrobat 2/8/08 Order: In this Order, the Wireline Competition Bureau grants an appeal filed by Franklin-McKinley School District (Franklin-McKinley) for review of a decision by USAC that rescinded funding already committed for Funding Year 2005. The Bureau grants Franklin-McKinley a limited waiver of section 54.504(c) of our rules, which requires that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted "upon signing a contract for eligible services." Consistent with the Adams County Order, the Bureau finds that Franklin-McKinley had a legally binding agreement with its service provider and, although it missed the deadline, it eventually had a signed
- http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
- the schools and libraries support mechanism. The Bureau remands the underlying applications to USAC for further action consistent with the Bishop Perry Order. DA 07-1180 DA 07-1180 [69]Word | [70]Acrobat 3/9/07 Kentucky Department of Education, Frankfort, Kentucky: In this Order, the Wireline Competition Bureau (Bureau) grants the petition of the Kentucky Department of Education (Kentucky) seeking a waiver of section 54.504(c) of the Commission's rules to enable Kentucky schools to use state master contracts to apply for universal service support under the schools and libraries support mechanism for Funding Year 2005 and future funding years. DA 07-1177 DA 07-1177 [71]Word | [72]Acrobat CAPTION: 2006 Decisions Release Date Description FCC/DA# 12/12/06 Dallas Independent School District, Dallas, Texas: In this Order, the Wireline
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- or waiver either to the Commission or to USAC within 60 days as required by the Commission's rules. DA 12-711 Order: [72]Word | [73]Acrobat 5/3/12 Onslow County School District, Jacksonville, NC: In this order, the Bureau grants a request from the Onslow County School District and the North Carolina Office of Information Technology Services (ITS) seeking a waiver of section 54.504(a) of the Commissions rules and any applicable USAC procedural deadlines in order to allow the current billed entity, ITS, to revise its FCC Form 471 application under the E-rate program as part of the LOTG pilot program. DA 12-693 Order: [74]Word | [75]Acrobat 5/3/12 Public Works Commission of Fayetteville, et al, Fayetteville, NC: This order addresses 10 appeals concerning denials
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- on Telenational Communications, Inc. petition for waiver of section 54.314(a) of the Commission's, WC Docket No. 08-71(filed April 2, 2012); 47 C.F.R. 54.314 (a). [112]Word|[113]PDF 5/3/2012 Onslow County School District Order: In this order, the Bureau grants a request from the Onslow County School District and the North Carolina Office of Information Technology Services (ITS) seeking a waiver of section 54.504(a) of the Commissions rules and any applicable USAC procedural deadlines in order to allow the current billed entity, ITS, to revise its FCC Form 471 application under the E-rate program as part of the LOTG pilot program. [114]Word|[115]PDF 5/3/2012 Public Works Commission of Fayetteville Order: This order addresses 10 appeals concerning denials of E-rate program support for violations of the
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- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, 66; Program Management Order, 22 FCC Rcd at 16387, 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). Id. 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
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- of Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2000 (Letter of Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to William Doyle, Anderson School, issued December 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maria A. Espie, Anderson School, issued May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Maria A. Espie, Anderson School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 5, 2000 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Letter of Appeal at 3. Id. Federal-State Joint Board on Universal Service, CC Docket No.
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- (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Winterset Community Schools, Year 2 Form 471 Filing, application no. 135186, filed March 24, 1999 (Winterset Form 471). Winterset Form 471, Block 5. Letter from Mike Weis, Interstate 35 Telephone
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- seeks discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0 /
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS'
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- Mattey Deputy Chief, Common Carrier Bureau Letter from Anne B. Spaziani, Sackets Harbor Central School District 56, to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation
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- an applicant that does not meet the exact criteria outlined in November 2000 Extension Order still qualifies for an extension of the deadline, the applicant may also receive the relief granted in this Order. May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8. See also Tenth Reconsideration Order, 14 FCC Rcd at 5991-94, paras. 17-23; 47 C.F.R 54.504(a). 00-2900 00-2900 b c d c d tm ? tm
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See SLD Program Description. See id. Letter from Schools and Libraries Division, Universal Service Administrative Co, to Doug Joiner, Marion County School District, dated June 18, 1999, at 2 (RAL). RAL at 2. RAL
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- Common Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service
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- Bureau Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999)
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- Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to SLD). Appeal to SLD
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- that the July 25, 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- Waiver Request filed by Homer Community Consolidated School District 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division,
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- 54.722(a), that the Waiver Request filed by Immaculate Conception School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision
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- Division 1Letter of Appeal from Nathaniel Hawthorne, Attorney for Wetzel County School District, to the Federal Communications Commission, filed May 15, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Wetzel County School District, issued May 5, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 4 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1998) (Form 470 Instructions). FCC Form 471, Wetzel County Public School District, filed January 18, 2000 (Wetzel Form 471), at 3. Id. See Funding Commitment Decision Letter at 6. See Request for Review at
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- COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from Nathaniel Hawthorne, Attorney for Richland School District, to Federal Communications Commission, filed August 17, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Richland School District, issued July 18, 2000 (Notification Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Richland School District, filed March 29, 2000. See Notification Letter at 1. USCN is the Universal Service Control Number. See Request for Review at 2. (continued....) Federal Communications Commission DA 01-1202 Federal Communications Commission DA 01-1202 @ @& 0 0 0 0 0 0 % %
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- and 54.722(a), that the Waiver Request filed by Danbury Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- 1.3, and 54.722(a), that the Waiver Request filed by Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Beverly Knox-Pipes, Genesee Intermediate School District, Flint, Michigan, dated July 7, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Genesee Intermediate School District, filed April 5, 1999 (Form 471). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Form 471 Instructions). The information attached to describe the funding requests in items 15 and 16 is listed in Attachment 17 to FCC Form 471. Letter from Schools
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- Waiver Request filed by Holland-Alexandria Free Public Library, Milford, New Jersey, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sylvia Gidwani, Holland-Alexandria Free Public Library, Milford New Jersey, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. FCC Form 471, Holland-Alexandria Free Public Library, filed January 27, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Gidwani, Holland-Alexandria Free Public Library, dated June 20, 2000 (Administrator's Decision on Appeal); see also Letter from Schools and
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- 0.91. 0.291, and 54.722(a), that the Waiver Request filed by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to
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- and Libraries Division, Universal Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- that the Waiver Request filed by Flint Memorial Library, North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing
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- Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Mattey, Deputy Chief Common Carrier Bureau Letter from Bruce Watson, Fair Lawn Board of Education, to Federal Communications Commission, filed June 22, 2000 (Request for Waiver); see also Letter from Bruce Watson, Fair Lawn Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, dated February 22, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed November 19, 1999 (November Form 471). Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed December 10, 1999 (December Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3
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- Bureau Letter from Dean G. Wilt, Altoona Area School District, to Federal Communications Commission, filed February 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R 54.504(a). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming
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- Inc., Staten Island, New York on January 24, 2000 and March 16, 2000, ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letters from John Angelides, Connect2 Internet Networks, Inc., to Federal Communications Commission, filed January 24, 2000 and March 16, 2000 (Requests for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
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- Chief, Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd
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- the Waiver Request filed by Marshall County Board of Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Karen Aeppli, Santa Ana Unified School District, to Federal Communications Commission, filed March 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Waiver Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- (Consolidated Appeal); see also Letter from Benajmin Aron to Mark Seifert and Andy Firth, Federal Communications Commission, filed March 6, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). Federal-State Joint Board on Universal Service, Order on Reconsideration, CC Docket No. 96-45, 12 FCC Rcd. 10095, 10098, at para. 9 (1997). See letter of SLD to Consolidated Schools (``Further Explanation of Administrator's Funding Decision''), dated October 13, 2000, at 1 (Explanatory Letter). Explanatory Letter at 1.
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- schools and libraries to seek competitive bids for all services eligible for discounts. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library could change service providers or services after the school or library has submitted an FCC Form 471 application designating a particular service. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider and services with which the applicant has signed a contract, makes no provision for a change of providers or services once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form
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- 470 (FCC Form 470). The Schools and Libraries Division of the Universal Service Administrative Company (SLD or USAC) posted Saint Jo's FCC Form 470 to its web site on December 28, 1999. Because SLD failed to timely post Saint Jo's FCC Form 470, Saint Jo was unable to comply with the competitive bidding rules set for in 47 C.F.R. 54.504(b)(4). Subsequently, SLD denied Saint Jo's FCC Form 471 application on October 13, 2000 as a violation of the competitive bidding rules. On April 25, 2001, USAC filed a letter with the Commission relating the above facts and urging the Commission to grant Saint Jo's waiver request consistent with the Commission's decision in Runnemede Public Schools. Because the delay in posting
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- Accounting Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). See also 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michael J. Palladino, ACCEPT Educational Collaborative, dated October 29, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Common Carrier Bureau Letter from Gary Marks, Bloomfield Community Schools, to Federal Communications Commission, filed February 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 15. See SLD web site, ; see Form 471 Instructions. See Request for Review of the Decision of the Universal Service Administrative Company
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- Accounting Policy Division Common Carrier Bureau Letter from Rita Simpson, Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998)
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- Accounting Policy Division Common Carrier Bureau Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB
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- COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Nathaniel Hawthorne, Esq., on behalf of Cleveland Municipal School District, Cleveland Ohio, to Federal Communications Commission, filed November 13, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- filed by Mater Dei High School, New Monmouth, New Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as
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- Schools, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bob Liles, Pinellas County Schools, dated May 16, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Town County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at
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- extent provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny
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- Bureau Letter from Milt Dougherty, Little River Unified School District, to Federal Communications Commission, filed January 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
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- Accounting Policy Division Common Carrier Bureau Letter from David H. Kimball, Brockton Public Schools, to the Federal Communications Commission, filed May 22, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Waiver Request filed by New Paltz Central School District, New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC
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- and 54.722(a), that the Waiver Request filed by Painesville City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal
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- Carrier Bureau Letter from John Sartin, Richland Parish School District, to Federal Communications Commission, filed May 10, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
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- 54.722(a), that the Waiver Request filed by St. Ignatius Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg,
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- that the Waiver Request filed by the Stephen/Argyle Central School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late).
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- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. 54.504(b)(4). See FCC Form
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- FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c); 47 C.F.R. 54.504(b)(3) and (4); 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. 54.504(b)(4).
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- 1.3, and 54.722(a), that the Waiver Request filed by the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47
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- 54.722(a), that the Waiver Request filed by the Ballard Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3) and (4); 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools
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- 54.722(a), that the Waiver Request filed by the Elgin Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on
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- from Denise Hoek, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, to Federal Communications Commission, filed April 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 480 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 0.291, 1.3, and 54.722(a), that the Waiver Request filed by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been
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- provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, issued July 7, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee
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- 0.291, and 54.722(a), that the Requests for Review filed by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bette M. Swilley, dated October 26, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 16, 1999 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 16 FCC Rcd 3931 (Com. Car. Bur. 2000) (extending timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. 1.3. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- District (New Orleans Public Schools) response . . . .''). Therefore, for purposes of simplicity and clarity, we will refer to the party handling the pending applications at all times as New Orleans. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Chief, Common Carrier Bureau Petition for Reconsideration of Charlotte County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136
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- and 54.722(a), that the Waiver Request filed by the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated March 9, 2000 (SLD Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated September 15, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, OMB No. 3060-0806, at Block 6 Item 25 and Block 6, Item 33 (September 1999); see also SLD website, . 47 U.S.C. 254(h)(1)(B). Id.; see also 47 C.F.R. 54.504(b)(2). See 47 C.F.R. 54.702(h) (requiring that the Administrator's annual report to the Commission detail the Administrator's ``administrative action intended
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- COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from David Bailey, South Barber Unified School District 255, to Federal Communications Commission, filed June 23, 2000 (Request for Review); see also Letter from David Bailey, South Barber Unified School District 255, to Schools and Libraries Division, dated March 9, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Id.; see also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). Id at 7. Pursuant to 47 C.F.R. 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their
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- Bureau Letter from David Martell, Haslett Public Schools, Haslett, Michigan, to Federal Communications Commission, filed February 28, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions)(September 1999), at p. 2-3. >. 47 C.F.R. 54.511(c). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
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- and 54.722(a), that the Request for Waiver filed by Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma,
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- taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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- Federal Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the
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- that the Waiver Request filed by Bear Lake County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- direct SLD to process West Las Vegas's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- and 54.722(a), that the Waiver Request filed by the Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January
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- the Waiver Request filed by the Montville Township Public Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Montville Township Public Schools, filed January
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- G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year
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- Accounting Policy Division Common Carrier Bureau Letter from Joseph A. Brott, Powell County High School, to Federal Communications Commission, filed July 3, 2000 (Request for Review); see also Letter from Joseph A. Brott, Powell County High School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 27, 2000 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Powell County High School, filed January 19, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2
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- G. Seifert, Deputy Chief Accounting Policy Division Common Carrier Bureau Letter from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. 47 C.F.R. 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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- the extent provide herein, and Lettie Jensen's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review at 1-2. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Waiver Request filed by East Brunswick Public Schools, East Brunswick, New Jersey, on March 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jamie Savedoff, East Brunswick Public Schools, to Federal Communications Commission, filed March 28, 2001 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Id. 47 C.F.R. 54.504(b)(3) and (4); 54.511. See FCC Form 470, the East Brunswick Public Schools, East Brunswick, New Jersey, filed March 7, 2001 (East Brunswick FCC Form 470). See Letter from Jamie Savedoff, East Brunswick
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- 1.3, and 54.722(a), that the Waiver Request filed by Bellevue Public Library, Bellevue, Iowa, on February 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Marian L. Meyer, Bellevue Public Library, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3) and (4); 54.511. Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (undated) (Year 1 Form 470 Instructions). Instructions for Completing the Schools and
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 54.722(a), that the Waiver Request filed by Forest Municipal School District, Forest, Mississippi, on August 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Ed Leonard, Forest Municipal School District, to Federal Communications Commission, filed August 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. FCC Form 471, Forest Municipal School District, Forest, Mississippi, filed January 24, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service
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- and 54.722(a), that the Waiver Request filed by Lake Eola Charter School, Orlando, Florida, on November 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sharon Morell, Lake Eola Charter School, to Federal Communications Commission, filed November 8, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. Id. FCC Form 471, Lake Eola Charter School, Orlando, Florida, filed January 31, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service
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- Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Lynn McNeal, Caribou Regional Technology Center, to Federal Communications Commission, filed July 31, 2000 (Request for Review); see also Letter from Lynn McNeal, Caribou Regional Technology Center, to Universal Service Administrative Company, Schools and Libraries Division, filed July 5, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (Funding Year 3 FCC Form 471 Instructions), OMB 3060-0806 (September 1999). Id. at 26 (emphasis altered). Id. In Funding Year 3 the filing window closed on January 19, 2000. See generally Universal Service Administrative Company (USAC), Schools and Libraries Program, Reference
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- New Hartford alleges that SLD misapplied our rules. New Hartford also requests a waiver of our rules to the extent necessary to remedy the harm that it asserts occurred as a result of the misapplication of our rules. We refer to New Hartford's pleading as a Request for Review throughout this Order. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 470), OMB 3060-0806 (December 1997) (Funding Year 1 FCC Form 470 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1997) (Funding Year 1 FCC Form 471
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- Division Common Carrier Bureau Letter from Dennis Smith, Trico Community Unit School District #176, to Federal Communications Commission, filed June 30, 2000 (Request for Review); see also Letter from Dennis Smith, Trico Community Unit School District #176, to Schools and Libraries Division, Universal Service Administrative Company, dated March 15, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Trico Community Unit School District #176, filed January 18, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form,
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review); Letter from Dr. Ray Partridge, Mundelein Elementary Schools, to Federal Communications Commission, filed July 3, 2000 (Mundelein Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. >. >; see 47 C.F.R. 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services
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- Commission (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- already disbursed. However, the application in question was filed in Funding Year 1 of the schools and libraries universal service mechanism, the funding year in which we waived certain rules, and thereby allowed applicants not in compliance with those rules to receive discounted services. In light of that decision, we consider whether Folsom-Cordova should also receive a waiver of section 54.504(c). In the Commitment Adjustment Waiver Order, the Commission found good cause to waive the competitive bidding rules, thus allowing erroneous awards to stand, primarily because it concluded that ``the affected applicants and providers in the first year of the schools and libraries support mechanism may have reasonably relied on the funding commitments applicants received from [the Administrator].'' The Commission noted
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- Forms 471 within the established filing window. The Administrator confirms that Keya Paha completed its FCC Forms 471, met all filing requirements, and postmarked the FCC Forms 471 within the established filing window. Because the Administrator failed to post Keya Paha's FCC Forms 470, however, Keya Paha was unable to comply with the 28-day posting requirement set forth in section 54.504(b)(4) of our rules. On September 26, 2001, the Administrator filed a letter with the Commission pursuant to section 54.702(c) of the Commission's rules. In the letter, the Administrator related the above facts, sought guidance, and urged the Commission to grant Keya Paha a waiver of the 28-day posting requirement consistent with the Commission's decision in Runnemede Public Schools. We conclude
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- established filing window. The Administrator confirms that North Carolina completed its FCC Forms 471, met all filing requirements, and postmarked its FCC Form 471 within the established filing window. Because the Administrator failed to post North Carolina's FCC Form 470 in a timely manner, however, North Carolina was unable to comply with the 28-day posting requirement set forth in section 54.504(b)(4) of our rules. On September 26, 2001, the Administrator filed a letter with the Commission pursuant to section 54.702(c) of the Commission's rules. In the letter, the Administrator related the above facts, sought guidance, and urged the Commission to grant North Carolina a waiver of the 28-day posting requirement consistent with the Commission's decision in Runnemede Public Schools. We conclude
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- Bureau Letter from James R. Shargots, Trinity Area School District, to Federal Communications Commission, filed February 22, 2000 (Waiver Request). Although Trinity termed its letter an appeal, we consider it as a Waiver Request because it seeks a waiver of our rules governing the filing window. See 47 C.F.R. 1.3. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. Trinity's reference in its Waiver Request to ``Funding Year 1997/98'' is in error, as Funding Year 1, the first year of the schools and libraries universal service support mechanism, began in 1998. FCC Form 470, Trinity Area
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- Bur. rel. March 30, 2001) (Request for Review by Children's Village Academy). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Car. Bur. rel. August 9, 2001) (Request for Review by Fort Wayne). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Office of Information Resources, CC Docket Nos. 96-45 and 97-21, Request for Review, filed July 12, 2000 (SC Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 480 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 0.91, 0.291, 1.3, and 54.722(a), that the Waiver Request filed by Winnebago Public Schools, Winnebago, Nebraska on June 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Raymond Girard, Winnebago Public Schools, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). 47 C.F.R. 54.507(g). >. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries,
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- filed by West Jasper School District, Bay Springs, Mississippi, on May 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Mary Walters and George Duke, West Jasper School District, to Federal Communications Commission, filed May 22, 2001 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC
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- Bureau Letter from Gary D. Sumpter, Boone County School District, to Federal Communications Commission, filed May 19, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 5 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per
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- Bureau Letter from Ken Toyn, Everett School District No. 2, to Federal Communications Commission, filed May 22, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998), at 15 (Form 471 Instructions). See SLD Web Site, ; see Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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- National Exchange Carrier Association, Inc., File No. SLD-160177, CC Dockets No. 96-45 and 97-21, Order, DA 01-854 (Com. Car. Bur. rel. April 17, 2001) (Request for Review by Mercer County). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- A. Hamlin, King and Queen County School Division, dated June 15, 2000, at 1. Id.; FCC Form 471, King and Queen County School Division, filed January 19, 2000 (King and Queen Form 471). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- it seeks discounts.3 The Administrator must post the FCC Form 470 on its website, and the applicant is required to wait 28 days before making a commitment with a 1 Letter from Bonnie L. Berry, Peru Central School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 2 Id. 3 47 C.F.R. 54.502, 54.503. 4 47 C.F.R. 54.504(b)(l), (b)(3). 21240 Federal Communications Commission DA 01-2798 selected service provider.5 Once the applicant has complied with the Commission's competitive bidding requirements and entered into an agreement for eligible services, it must file an FCC Form 471 application to notify the Administrator of the services that have been ordered, the carrier with whom the applicant has entered into an agreement, and
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- Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 122 S. Ct. 423 (November 2, 2000). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1997) (FCC Form 471). 47 C.F.R. 54.504(b), (c). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para. 2 (Com. Car. Bur. 2000). Letter from Schools and Libraries Division, Universal Service Administrative Company,
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- 1.3, and 54.722(a), that the Waiver Request filed by Edgerton Public School, Edgerton, Minnesota, on August 15, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from LeRoy Domagala, Edgerton Public School, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- Helena Township Public Library, filed March 31, 1999. It is apparent from the text of the Waiver Request that Helena intended to seek a waiver regarding application NEC.471.04-26-00.32200001, which was filed outside the filing window on April 26, 2000. We therefore consider Helena's Waiver Request only with respect to application NEC.471.04-26-00.32200001. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD
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- applicants were required to make certain certifications.10 Applicants that filed their FCC Form 471s electronically had to print out a Block 6 certification page at the end of the on-line application filing process and then, after signing and dating the certification page, were required to separately submit it by mail.11 3 47 C.F.R. 54.502, 54.503. 4 47 C.F.R. 54.504, 54.511(c). 5 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 6 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). 7 Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form,
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- 3, 2001 IS GRANTED to the extent provided herein, and Sacramento's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sally Savona, Sacramento City Unified School District, filed August 3, 2001. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request, Attachments. The overnight courier Fedex picked up Sacramento's FCC Forms 471 on January 18, 2001. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Federal Communications Commission DA 01-2807 Federal Communications Commission
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- the Waiver Request filed by South Kingstown Public Library, Peace Dale, Rhode Island, on July 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Lachowicz, South Kingstown Public Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3), (4); 54.511. FCC Form 470, South Kingstown Public Library, filed December 20, 1999 (South Kingstown FCC Form 470). Id. Id. South Kingstown filed its FCC Form 471 on March 8, 2000. FCC Form 471,
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- filed by Netherlands Reformed Christian School, Pompton Plains, New Jersey, on September 4, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John W. Van Der Brink, Netherlands Reformed Christian School, to Federal Communications Commission, filed September 4, 2001 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. FCC Form 470, Netherlands Reformed Christian School, filed January 11, 2001. FCC Form 471, Netherlands Reformed Christian School, filed February 15, 2001. Under program rules in effect in Funding Year 4, FCC Forms 471 were deemed filed
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Lee E. Kelm, Finley-Sharon Public School, to Federal Communications Commission, filed August 7, 2000 (Request for Review); see also Letter from Lee E. Kelm, Finley-Sharon Public School, to Schools and Libraries Division, Universal Service Administrative Company, dated June 27, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Finley-Sharon Public School, filed January 10, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998)
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- See id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- and 54.722(a), that the Waiver Request filed by Parrottsville Community Library, Parrottsville, Tennessee, June 16, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Judy Myers, Parrottsville Community Library, Parrottsville, Tennessee, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). /whatsnew/111999.asp>. FCC Form 471, Parrottsville Community Library, filed January 24, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jettie F. Norris, Parrottsville Community Library, dated April 26, 2000. Letter from Judy Myers, Parrottsville Community Library, to Schools and Libraries Division, Universal
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- 1.3, and 54.722(a), that the Waiver Request filed by Smackover Public Schools, Smackover, Arkansas, on July 18, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Leland Watts, Smackover Public Schools, to Federal Communications Commission, filed July 18, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request. FCC Form 470, Smackover Public Schools, Smackover, Arkansas, filed January 5, 2000 (Form 470). Id. Smackover filed its FCC Form 471 on February 17, 2000. FCC Form 471, Smackover
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- July 24, 2000; Letter from Jeff Pratt, Shorecrest Preparatory School, filed June 30, 2000; Letter from Peter M. Bolz, Sr., Dietrich School District No. 314, filed March 1, 2000; Letter from Roy M. Lanier, Laredo Independent School District, filed March 3, 2000; Letter from Wendy Alexander, Rosendale Library, filed February 28, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in
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- Review filed by Yeshiva Ahavas Torah, Brooklyn, New York, filed April 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. 254 (h)(1)(B); 47 C.F.R. 54.502, 504.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1). 47 C.F.R. 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2.
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Chris Wickund, Cheney Public School District No. 360, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to David Sackville-West, Cheney Public Schools, issued April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
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- Bureau Letter from Darrell Earwood, Flour Bluff Independent School District, to Federal Communications Commission, filed April 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999. See Letter from Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999 at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure
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- the Matter of Request for Review of the Decision of the Universal Service Administrator by Copan Public Schools, Copan Oklahoma, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, 15 FCC Rcd 5498 (2000). (Copan Order). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
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- Carrier Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Shirley P. Whelen, Buffalo & Erie County Public Library, issued April 25, 2000 (Administrator's Decision on Appeal). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-433A1.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.txt
- Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Common Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued May 9, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
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- Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative
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- Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued March 31, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Funding Commitment Decision Letter at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 01-584 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov STATE OF ALASKA SEEKS A DECLARATORY RULING AND WAIVER OF SECTION 54.504(b)(2)(ii) OF THE COMMISSION'S RULES PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: March 7, 2001 Comment Date: April 6, 2001 Reply Comment Date: May 7, 2001 On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the
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- Board, to the Federal Communications Commission, filed November 9, 1999 (November 9, 1999, Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joe Brown, Caddo Parish School District, issued October 12, 1999 (Funding Commitment Decision Letter). See 47 C.F.R. 54.720. See 47 C.F.R. 1.7. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Remote access routers allow access to the Internet from any location by any individual knowing the dial-in telephone number. Access routers, with no remote capabilities, cannot provide dial-in access to the Internet from remote locations. >. See November 9, 1999, Request for Review at 1. Request for Review of the Decision by the Universal
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- Letter from Schools and Libraries Division, Universal Service Administrative Company to Steven Wester, Rockwood School District R 6, issued August 10, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven Wester, Rockwood School District R 6, issued March 22, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued September 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Peter J. Negroni, Springfield Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed October 4, 1999 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Request for Review. Id. at 2. See id. at 2. >, at 34 (Schools
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- Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed June 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
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- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed May 30, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470); see 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- May 11, 2000 (Administrator's Decision on Appeal). The Commission's rules provide that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 CFR 54.419(c). 47 C.F.R. 54.402, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Chief, Common Carrier Bureau Letter from John H. Leaman, Visitation Academy, Bay City, Michigan, to the Federal Communications Commission, filed May 24, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Although the application process involves other preliminary steps, these are not relevant to the instant appeal. See FCC Form 471, Block 5. > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See
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- Letter from Principal Maxwell, South West Adventist Jr. Academy, to Federal Communications Commission, filed August 25, 2000 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the number of students that attend the
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- Board on Universal Service, Order, CC Docket No. 96-45, DA 00-2900 (Com. Car. Bur., rel. December 27, 2000) (December 2000 Order). See also May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration 14 FCC Rcd 5983, 5991-94, paras. 17-23 (1999); 47 C.F. R. 54.504(a). Letter from Fran Pridgeon, Baldwin County Board of Education, Bay Minette, Alabama, to Schools and Libraries Division, Universal Service Administrative Company, dated October 6, 2000. Letter from Fran Pridgeon, Baldwin County Board of Education, Bay Minette, Alabama, to Federal Communications Commission, filed November 8, 2000, at Attachment (Letter from Patrick Hunter, Cisco Systems, to Baldwin County Board of Education, Bay
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- We direct SLD to process Audrey Pack's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June
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- Bureau Letter from Michael T. Bauer, Central Minnesota Computer Center, to Federal Communications Commission, filed October 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board
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- on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-26231, CC Dockets No. 96-45 and 97-21, 15 FCC Rcd 5498, 1 (rel. 2000) (Copan Order). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Schools and Libraries Division, Universal Service Administrative Company to Bernard DiNatale, Chelmsford Public School District, issued November 16, 1999 (Telecenter Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bernard DiNatale, Chelmsford Public School District, issued May 4, 2000 (Telecenter Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Cellular Service Funding Commitment Decision Letter at 5. See Cellular Service Administrator's Decision on Appeal at 1. >. The Eligible Services List provides guidance from SLD on the eligibility of products and services for which applicants may be seeking funding. See id. Cellular Service Letter of Appeal. See Cellular Service Letter of Appeal.
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- Seifert Deputy Chief, Accounting Policy Division Letter from Monte Nardy, Children's Village Academy, Kinston, North Carolina, to the Federal Communications Commission, filed October 26, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Monte Nardy, Children's Village Academy, issued September 29, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 470 Instructions), OMB Approval No. 3060-0806, at Block 5, Item 23 (September 1999); see also SLD website, . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification (FCC Form 471
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- 9, 2000 (Request for Review). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 45.503. See Schools and Libraries Universal Service, Description of Service Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service First Report and Order), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service First Report and Order in part and reversing and remanding on unrelated grounds),
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- (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued March 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD 113262, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Com. Car. Bur. rel. July
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- and Libraries Division, Universal Service Administrative Company, to Roger E. Whaley, New Albany-Floyd County Consolidated School Corporation, dated August 17, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Roger Whaley, New Albany-Floyd County Consolidated School Corporation, dated May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of
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- Policy Division Common Carrier Bureau Letter from Margaret Blake, Mobile County Public School System, to the Federal Communications Commission, filed August 3, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Margaret Blake, Mobile County Public School System, dated July 6, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- service provider's contract indicated that 3 network servers and 48 lines, to serve 48 client operating systems, would be connected to the proposed network. Laurel Hall clearly sought funding for a much larger network configuration than it could support with the hardware it proposed to obtain during the funding year. That alone, on its face, establishes a violation of section 54.504 of the Commission's rules. Furthermore, Laurel Hall did not explain why it believed that its technology plan provided adequate levels of budgeted funds to obtain necessary resources and to train staff, acquire software, retrofit buildings, and maintain the services, especially for a network the size of the one sought by Laurel Hall. We find no basis upon which to overturn
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- Hawthorne, Esq., on behalf of Mercer County School District, to Federal Communications Commission, filed June 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Carrier Bureau Letter from John Fuller, Massachusetts Department of Education, to Federal Communications Commission, filed October 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued November 9, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. Letter from Larry Teixeira, Kerman Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. The PIA reviews applications and is responsible for ensuring that the discounts sought by applicants are for eligible services and for eligible uses. See Administrator's Decision
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- Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Elementary School District, issued September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Union Elementary School District, issued May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). See SLD web site, ; see Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471 Instructions),
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- in a separate Order. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- separate Order. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bennett County School District 3-1 to Federal Communications Commission, filed May 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) (Window Notice). In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC
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- Chief, Telecommunications Access Policy Division Wireline Competition Bureau Letter from Kenneth Sutton, Capitol Region Library Council, to Federal Communications Commission, dated July 13, 2001 (Request for Review); see also Letter from Kenneth Sutton, Capitol Region Library Council, to Schools and Libraries Division, Universal Service Administrative Company, dated April 13, 2001 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Capitol Region Library Council, filed January 16, 2001. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Capitol Region Library Council, dated March
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- Denise Weese, Charles Gibson Public Library, to Federal Communications Commission, filed September 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Charles Gibson Public Library, filed January 18, 2001 (Gibson Library Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Denise Weese, Charles Gibson Public Library, dated August 21, 2001 (Rejection Letter). Id.
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- Bureau Letter from June Cain, Dodge Memorial Public Library District, to Federal Communications Commission, filed July 25, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Cain, Dodge Memorial Public Library District, dated July 14, 2000. See also FCC Form 470, Dodge Memorial Public Library, filed March 2, 1999; and FCC Form 471, Dodge Memorial Public Library District, NEC.471.12.20.99.25000013, filed December 20, 1999. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered
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- Freeman School District No. 358, to Federal Communications Commission, filed June 15, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Vicki Hillenga, Kanawha Christian School, to the Federal Communications Commission, filed August 24, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (Funding Year 4 FCC Form 471 Instructions), OMB 3060-0806 (October 2000). Id. at 25 (emphasis altered). Id. at 2. In Funding Year 4 the filing window closed on January 18, 2001. See generally Universal Service Administrative Company, Schools and Libraries Program,
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Nancy M. Mark, Mettawee Community School, to Federal Communications Commission, filed February 12, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471) at Block 5. Id. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions) at 19-20. FCC Form 471, Mettawee Community School,
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- rel. February 15, 2002) (Request for Review by Prince George's County Schools). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- from Israel Engelman, Yeshivah and Mesivta Arugath Habosem, to Federal Communications Commission, filed August 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Starting with the application process for Funding Year 4, SLD, in consultation with the Commission, directed that FCC Forms 471 would be considered filed when postmarked, not when received. The new policy is designed to ensure that applicants
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- the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, dated June 22, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Id. See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket
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- School Corporation, CC Docket Nos. 96-45 and 97-21, Request for Review, filed October 22, 2001(Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- Wireline Competition Bureau Letter from Aubrey Ray, Coffeeville School District, to Federal Communications Commission, filed June 25, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21
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- Booth, Business and Education Institute, Dakota State University, regarding Kimball School District 7-2, dated October 1, 2001 (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See FCC Form 471, Kimball School District 7-2, Funding Year 07/01/2001 to 06/30/2002, Application No. 236447, filed 1/12/2001 (Kimball FCC Form 471). See id., Funding Request No. 559143. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kimball School District 7-2, dated July 23, 2001, at 6 (Funding Commitment Decision Letter).
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- Access Policy Division Wireline Competition Bureau Letter from Sharon Webb, Cooperative Educational Service Agency #2, to Federal Communications Commission, dated July 24, 2001 (Request for Review); see also Letter from Sharon Webb, Cooperative Educational Service Agency #2, to Schools and Libraries Division, Universal Service Administrative Company, dated April 19, 2001 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Cooperative Educational Service Agency #2, filed January 18, 2001. Id. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Cooperative Educational Service Agency
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- Macon County R-I School District, to Federal Communications Commission, filed January 2, 2002 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Macon County R-I School District, filed February 20, 2001 (electronic filing date and postmark on envelope containing certification page). Waiver Request; see also Letter from Schools and Libraries
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- R. Rungren, Merrimack Valley Library Consortium, to Federal Communications Commission, filed August 6, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Queen of Peace Elementary School, to Federal Communications Commission, filed August 16, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000) . Waiver Request. See FCC Form 470, Queen of Peace Elementary School, posted November 29, 2000; Waiver Request. FCC Form 471, Queen of Peace Elementary School, filed March 15, 2001 (envelope containing Block 6 certification page and Item
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- Letter from Bruce Mathews, Southwest Virginia Education and Training Network, to Federal Communications Commission, filed June 8, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions), at 18. Form 471 Instructions, at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools,
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- Park School, to Federal Communications Commission, filed December 13, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Waiver Request. 47 C.F.R. 54.502-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Tuxedo Park School, filed January 26, 2001 (postmarked envelope). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ann Doherty Cooke, Tuxedo Park
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- Wayne Goforth, Union County School District, to Federal Communications Commission, filed July 23, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- Bureau Letter from David C. Yates, Dickenson County Public Schools, to Federal Communications Commission, filed March 5, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the number of students
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- August 23, 2001 (with addendum filed September 4, 2001) (together referred to as Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b), 54.511 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). See SLD website, FCC Form 471 Window Opens for Year 4 Applicants (November 2, 2000), ; SLD website, Urgent Reminder of Filing Requirements for Year 4 (January 12, 2001) ; see also Waiver Request at 2. See, e.g., Request for Waiver by Ballard Community School District,
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- Public Library, to Federal Communications Commission, filed December 28, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they were postmarked by January 18, 2001. See SLD web site, Form 471 Minimum Processing Standards and Filing Requirements for Funding Year 4, (Funding Year 4 Minimum Processing Standards). Waiver Request. FCC Form 470, Central City
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- waiver of the rules but, instead, for review of SLD's determination, we address the merits of Jaffrey-Rindge's appeal. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. FCC Form 471, Jaffrey-Rindge Cooperative School District, filed January 2001 (Jaffrey-Rindge Form 471). Postcard from Schools and Libraries Division, Universal Service Administrative Company,
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- and Chelleye Block, Karnes City Independent School District, to Federal Communications Commission, filed August 29, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. FCC Form 471, Karnes City Independent School District, filed January 18, 2001 (electronic portion submitted into SLD's filing system) (Karnes Form 471). Request for
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- Bureau Letter from Michael Nickless, Molalla River School District, to Federal Communications Commission, filed July 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b), 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, More Than 32,000 Applications For E-Rate Discounts In Year Two (April 1999) . See SLD website, Consideration of Additional Post-Window Year 2 Applications (March 1, 2000) . See id. SLD website, Form 471 Window Closes January 19, 2000 at 11:59
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- C.F.R. 54.719(c). See Request for Review by New Hartford Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-007628, CC Docket Nos. 96-45 and 97-21, Order, DA 01-2535. (Com. Car. Bur. rel. November 2, 2001) (New Hartford). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000), . FCC Form 471, Mora Public Schools, filed December 14, 2000 (first envelope with postmark date of December 14, 2000). Waiver Request. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Keith E. Lester, Mora Public
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- Trummer, Lane Education Service District, to Federal Communications Commission, filed August 17, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New (November 2, 2000) . See id. See id. See FCC Form 471, Lane Education Service District, Eugene, Oregon, initiated January 12, 2001 (Lane Form 471). As recently as January of 2002, SLD's records show that Lane still had not completed or electronically submitted that online form. Id.
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- County School District, to Federal Communications Commission, filed May 18, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd
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- of North Carolina Department of Commerce - SIPS, Wright School, to Federal Communications Commission, filed May 31, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (September 1999) (FCC Form 470 Instructions), at pp. 2-3. >. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate
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- request for waiver and base our decision on the arguments contained therein. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Ridgefield Public Schools, filed January 31, 2001 (application 264165 with applicant having identified the form by reference to its request for support for ``telephone service'') (electronic portion of form
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- on Waiver Request); see also Request for Review. Therefore, we treat Schechter's pleading as a Request for Review. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. Id. Schechter says the actual wording on the notice was that those items ``were received'' outside the filing window. As noted above, the standard for Funding Year
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- from Tony Payne, Tuscarora Intermediate Unit 11, to the Federal Communications Commission, filed on September 14, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). SLD processed applications as ``in-window'' if they were postmarked by
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- Letter from Laura Massie, Panhandle Public Library Cooperative System, to Federal Communications Commission, filed August 15, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. > (Minimum Processing Standards). FCC Form 471, Panhandle Public Library Cooperative System, filed January 17, 2001. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Laura Massie, Panhandle Public Library Cooperative System, dated March 6, 2001 (Rejection Letter).
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- Carrier Bureau Letter from Phyllis A. Hickey, Saint Mary School, to Federal Communications Commission, filed March 22, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. 54.504(c). FCC Form 471, Saint Mary School, filed December 13, 1999 (Saint Mary Form 471). Letter from Schools and
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- Carrier Bureau Letter from Lan Neugent, Virginia Department of Education, to Federal Communications Commission, filed March 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Request for Review by Danbury Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-NEC.471.04-13-00.31900001, CC Dockets No. 96-45 and 97-21, Order, DA 01-1251, n.8
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- applicant specified above. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Wireline Competition Bureau Letter from Jeanette M. Halldorson, Shawnee Library System, to Federal Communications Commission, filed June 7, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- Competition Bureau Letter from Mike Jorgensen, Southeast Webster Community Schools, to Federal Communications Commission, filed May 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding
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- Bureau Letter from Lydia Dashkovitz, Notre Dame High School, to Federal Communications Commission, filed August 15, 2000 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471), Block 5. Id. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). /whatsnew/021999.asp>. /whatsnew/032000.asp>. The March 31, 2000 filing window deadline shall be hereinafter referred to as the ``Second Filing Window.'' FCC Form 471,
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- and Libraries Division, Universal Service Administrative Company, to Duncanville Indpedenpent School District, dated July 13, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). Waiver Request. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Waiver Request. FCC Form 470, Duncanville Independent School District, posted January 22, 2001. FCC Form 471, Duncanville Independent School District, filed March 5, 2001 (envelope containing certification and attachments with postmark
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- See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- FCC Form 470 for failure to satisfy the 28-day bidding requirement. The Applicant then appealed to the Administrator, requesting that the 28-day competitive bidding requirement be waived. On May 21, 2002, the Administrator filed a letter seeking guidance from the Commission pursuant to section 54.702(c) of the Commission's rules. Consistent with past precedents, we conclude that a waiver of section 54.504(b)(4) of the Commission's rules is warranted in this case. Generally, the Commission may waive any provision of its rules, but a request for waiver must be supported by a showing of good cause. In the case at hand, strict compliance with our rules is inconsistent with the public interest. We find that the substantial delay in posting the second FCC
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- 54.722(a), that the Waiver Request filed by Bonesteel-Fairfax High School, Bonesteel, South Dakota, on August 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Loris J. Lindskov, Bonesteel-Fairfax High School, to Federal Communications Commission, filed August 3, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Morris H. Bates, Bonesteel-Fairfax High School, dated October 5, 1999 (Year 2 Funding Decision Commitment Letter). See Waiver Request; Letter from Schools and Libraries Division, Universal
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- from Gwen Khayat, Baxter County Library, to Federal Communications Commission, filed August 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). >. Request for Review. Request for Review, Attachment. Request for Review. FCC Form 471, Baxter County Library, filed February 14, 2001 (Baxter Form 471). Id. 02-1511 02-1511 (R)
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- action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Desert Sands specifically declines to seek a waiver of the Commission's rules governing the Funding Year 4 application filing deadline. See Request for Review. Accordingly, we consider Desert Sands's appeal as a Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- Libraries Division, Universal Service Administrative Company, to Sonya A. Gillespie, Jennings City Library, dated July 26, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- and Libraries Division, Universal Service Administrative Company, to Daniel Cincoski, Minneapolis Public Schools, dated August 13, 2001 (Administrator's Decisions on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- seek review from the Commission. 47 C.F.R. 54.719. Mount Carmel asserts that it filed its FCC Form 471 application before the filing window for Funding Year 4 closed and declines to request a waiver of the filing deadline. Request for Review. We therefore treat Mount Carmel's appeal as a Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- and Libraries Division, Universal Service Administrative Company, to Stephen Metcalf, Randolph School District, dated August 13, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- seek review from the Commission. 47 C.F.R. 54.719(c). St. Mary's asserts that it filed its FCC Form 471 application before the filing window for Funding Year 4 closed and declines to request a waiver of the filing deadline. Request for Review. We therefore treat St. Mary's appeal as a Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- Division, Universal Service Administrative Company, to Annabelle Whitinger, San Benito Literacy Center, dated August 21, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- Libraries Division, Universal Service Administrative Company, to Linda J. Hall, Sangerville Public Library, dated August 21, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. Form 471 Instructions at 4-5. Block 6 is the section
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- Division, Universal Service Administrative Company, to Richard K. Woodbury, School Administration District 53, dated August 3, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they
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- and Libraries Division, Universal Service Administrative Company, to Daniel Cincoski, Wayzata Public Schools, dated August 13, 2001 (Administrator's Decision on Waiver Request). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions at
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- and Libraries Division, Universal Service Administrative Company, to Louise Leland, Wilmington Public Schools, dated January 21, 2002 (Administrator's Decision Letter on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions
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- years, this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus, the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 FCC Form 470, Fayetteville Branch Library, filed November 22, 2000; and FCC Form 471, Fayetteville Branch Library, File No. SLD-229568, filed January 11, 2001. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven Thomas, Fayetteville Branch Library, dated January 19, 2001. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form
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- which the funding period starts. Thus the funding period which begins on July 1, 1999 and ends on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Previously, this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. See 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Funding Year 2001 Minimum Processing Standards). Form 471 Instructions
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- this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2001, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470 or Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). Form 470, Item 6; Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806
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- Letter from Bob G. Carnel, Indiana Intelenet Commission, Indianapolis, Indiana, to Federal Communications Commission, filed June 18, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). FCC Form 471, Indiana Intelenet Commission, filed January 18, 2000 (Intelenet Form 471). Id. See Problem Resolution Form Detail Log, Indiana Intelenet Commission, Application No. 201666, entries dated April 4, 2000 - April 17, 2000 (Problem Resolution
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- Administrative Company, to Mary Ann Grant, Marmot Library Network, Inc., dated September 14, 2000 (Rejection Letter); FCC Form 471, Marmot Library Network, Inc., filed January 17, 2000 (Marmot Form 471), at Block 5. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School for Language and Communication Development, to Federal Communications Commission, filed October 18, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 505(b). See 47 C.F.R. 54.505(b)(1); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9045 (1997) (Universal Service Order), as corrected by Federal-State Joint
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- Competition Bureau Letter from the Universal Service Administrative Company to the Federal Communications Commission, filed December 12, 2001 (Request for Waiver). Id. at 2. In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c), (g). 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Year 3 Server Failure Order, 15 FCC Rcd 13932, para 1. Id. 15 FCC Rcd at 13934, para 5. Id. at 13935, para 9. Waiver Request at 1. Id. See FCC Form 471, Franklin Township Community School Corporation,
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- 2002, and so on. See Request for Review by Dickenson County Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-239447, CC Dockets No. 96-45 and 97-21, Order, DA 02-1212 (Com. Car. Bur. May 22, 2002) (Dickenson Order). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 470). 47 C.F.R. 54.504(b). Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., SPIN-143006149, CC Docket No. 96-45,
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- Competition Bureau Letter from Gregory Powell, East Washington School Corporation, to Federal Communications Commission, filed April 16, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Form 470) at 5. The ``Allowable Contract Date'' is the date at the end of the required 28-day period during which services needed by an applicant are posted on the SLD Web Site, so that competing service providers can submit their bids to provide
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- Thus the funding period that began on July 1, 2000 and ended on June 30, 2001, previously known as Funding Year 3, is now called Funding Year 2000. The funding period that began on July 1, 2001 and ended on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. 54.511(b). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 4 (September 1999) (FCC Form 470 Instructions). 47 C.F.R. 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service,
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bureau Letter from Leo Davis, Eureka Unified School District 389, to Federal Communications Commission, filed February 16, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
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- Wireline Competition Bureau Letter from John Heid, Watervliet School District, to Federal Communications Commission, filed July 23, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- Bureau Letter from Lynn Bollman, Wexford-Missaukee Independent School District, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- Funding Year 2001 was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. Patton Elementary Form 470, filed December 17, 2000. The Application Display of the Services Ordered and Certification Form 471, Schools and Libraries Universal Service Program, states that data was entered on January 18, 2001, but that entry was ``Incomplete.'' Patton Elementary Form 471, filed January 22, 2001. Request for Review, Attachment; see also Letter from Tim Jonke, General George Patton
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- Thus the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, File No. SLD-268040, West Oso Independent School District, filed January 19, 2001 (postmark on envelope); FCC Form 471, File No. SLD-267787, West Oso Independent School District, filed January
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- Letter from James Baker, Ellensburg School District No. 401, to Federal Communications Commission, filed January 3, 2002 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. FCC Form 471, Ellensburg School District 401, filed January 19, 2001. In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. 54.511(d)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776
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- Wireline Competition Bureau Letter from Wilfred Volesky, Beulah Public Schools, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999), at 2-3. >. FCC Form 471 Instructions, at 24. FCC Form 471, Beulah Public Schools, filed April 13, 1999 (Beulah FCC Form 471). Beulah FCC Form 471 Attachment. Id. Id. Id. Id.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order) as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- as discussed further below. 47 C.F.R. 54.502, 54.503. This limited exception exempts from competitive bidding requirements: (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur. 1999), para.
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). See Minimum Processing Standards. Id. FCC Form 471, Wynot Public Schools, NEC 471.01-16-01.05200455, filed January 16, 2001 (Wynot Form 471). Id. (Rejection Letter). Id. See Request for Review by Cooperative Educational Service Agency #2, Federal-State Joint Board on Universal Service, Changes to the
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School District, to Federal Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000)
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- that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). This Request for Review is also filed on behalf of Islamic Academy of Florida, File Nos. SLD-128732 and 128808. We will address this applicant in a separate order. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470 or Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the
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- Common Carrier Bureau Letter from Linda Davidson, Georgetown Public Library, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- Letter from Judy White, Scottsdale Horizons School, to Federal Communications Commission, filed March 6, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request; SLD web site, What's New (November 2, 2000) . Therefore, in Funding Year 4, applicants had to postmark the FCC Form 471 by midnight on January 18, 2001. Waiver Request. Id. This notice is the standard notice
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bureau Letter from William Britt, Bienville Parish School Board, to Federal Communications Commission, filed December 5, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Minimum Processing Standards. Previously, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- Gary Start, Kalamazoo Public Schools, to the Federal Communications Commission, filed April 9, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 2-3. >. 47 C.F.R. 54.511(c). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
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- Year 4, is now called Funding Year 2001. The funding period which begins on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2002, previously known as Funding Year 4, is now called Funding Year 2001. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review at 2. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. (Application No. 260330). The applicants and associated applications are also listed in Appendix B. 47 C.F.R. 54.720(b). 47 C.F.R.
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- July 1, 2002 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. Similarly, the funding period that begins on July 1, 2002 and ends on June 30, 2003, previously known as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(b). See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' (November 2, 2000) . See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' /471mps.asp>. 47 C.F.R. 54.504(c). 47 C.F.R.
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- funding period starts. Thus, the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which begins on July 1, 2000 and ends on June 30, 2001, is now called Funding Year 2000. 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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- Richards, East Baton Rouge Parish Library, to Federal Communications Commission, filed August 10, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, East Baton Rouge, filed January 17, 2001 (East Baton Rouge FCC Form 471). In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus, the funding period which begins on July 1, 2001 and ends
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- Thus the funding period that began on July 1, 2002 and ends on June 30, 2003, previously known as Funding Year 5, is now called Funding Year 2002. The funding period that begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, Hancock County Public Library, filed January 18, 2002. Note the FCC Form 471 was filed online January 18, 2002 and the Block 6 Certifications and Signature pages were postmarked January 24, 2002. Waiver Request; see also Letter from Schools
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- Requests for Review, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata (Com. Car. Bur. rel Dec. 28, 2001 and Jan. 4, 2002). Because the March 7, 2000 Pink Postcard was issued before August 13, 2001, the extended appeal period does not apply to Lincoln County. See 47 C.F.R. 54.720(b). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. 54.511(b). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471
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- the funding period that began on July 1, 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- Bureau Letter from Vol Woods, Salina Independent School District 16, to Federal Communications Commission, filed April 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- enclosed Attachments for Form 471 # ______ were sent to SLD and postmarked on or before the close of the Fund Year 4 window, January 18, 2001.''' October 25, 2001 Letter. Package from William Smith, Scott County Public Library, to the Schools and Libraries Division, Universal Service Administrative Company, Item 21 Attachments, November 6, 2001 Postal Receipt. 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 2000) at 5 (September 2000 Instructions). September 2000 Instructions at 16, 19-20. (...continued from previous page) (continued....) Federal Communications Commission DA 02-2546 Federal Communications Commission DA 02-2546 C C F
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- Forsyth County Public Library, to Federal Communications Commission, filed July 18, 2001 (Request for Review). See Request for Review. See also Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Forms 471, Forsyth County Public Library, filed January 18, 2001. Previously, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus, the funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred
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- that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Bulger, Columbia Heights School District, Columbia Heights, Minnesota, dated March 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (FCC Form 471). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- the funding period that began on July 1, 2000 and ended on June 30, 2001, previously known as Funding Year 3, is now called Funding Year 2000. The funding period that began on July 1, 2001 and ended on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470 Instructions), at 2-3. >. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing,
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- National Exchange Carrier Association, Inc., File No. SLD-52629, CC Dockets No. 96-45 and 97-21, Order, DA 99-1506 (Com. Car. Bur. rel. July 29, 1999) (Request for Review by Houghton Lake). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan Public Library of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Certification Form Estimated Average Burden Hours Per Response: 4 hours Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470) CONTENTS Notice page 1 Introduction page 2 Filing Requirements and General Instructions page 3 Minimum Processing Standards and Filing Requirement page 6 Specific Instructions page 7 Reminders page 18 NOTICE Section 54.504 of the Federal Communications Commission's rules requires all schools and libraries requesting universal service discounts to file-individually, or as a district or system, or as a consortium-this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator, which is the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). 47 C.F.R.
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- Technology Act of 1996 that do not operate as for-profit businesses and whose budgets are completely separate from any schools, including, but not limited to, elementary and secondary schools, colleges, or universities. b Entity Number Applicant's Form Identifier Contact Person Phone Number Y D M M D YYY FCC Form 471 - October 2002 Page 5 of 6 NOTICE: Section 54.504 of the Federal Communications Commission's rules requires all schools and libraries ordering services that are eligible for and seeking universal service discounts to file this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator. 47 C.F.R. 54.504. The collection of information stems from the Commission's authority under Section 254 of the Communications Act
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- Estimated Average Burden Hours Per Response: 4 hours Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) CONTENTS Key Information page 1 Notice page 2 Introduction page 3 Filing Requirements and General Instructions page 3 Minimum Processing Standards and Filing Requirements page 6 Specific Instructions page 9 Reminders page 31 NOTICE Section 54.504 of the Federal Communications Commission's (FCC) rules requires all schools and libraries ordering services that are eligible for universal service discounts to file this Services Ordered and Certification Form (FCC Form 471) with the Universal Service Administrator, which is the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). 47 C.F.R. 54.504. For purposes of this
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- (Kalamazoo Order). Letter from Gary Start, Kalamazoo Public Schools, to the Federal Communications Commission, filed April 9, 2001 (Request for Review); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Gary L. Start, Kalamazoo Public Schools, dated March 19, 2001 (Administrator's Decision on Appeal). See Kalamazoo Order, para. 9. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 2-3. >. 47 C.F.R. 54.511(c)(1). 47 C.F.R. 54.511(c)(1), 54.511(d). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate
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- on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, is now called Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . FCC Form 470, Center City School, posted December 28, 2001. Waiver Request. FCC Form 471, Center City School, filed January 29, 2002 (electronic portion submitted January 29, 2002; envelope containing Block 6 Certifications and Signature pages and
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- which began on July 1, 2002 and ends on June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Waiver by Dermott Special School District, et al, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- began on July 1, 2001 and ended on June 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 470, High Bridge Board of Education, posted September 17, 2001. FCC Form 471, High Bridge Board of Education, filed February 13, 2002 (the electronic portion was submitted on February 13, 2002; the envelope containing the Block 6 Certifications and Signature
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- which began on July 1, 2002 and ends on June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which began on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Kearney Public Schools, filed April 12, 2002 (the envelope containing the entire application was postmarked April 12, 2002) (Kearney 471). Waiver Request. Kearney 471. See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC,
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that begins on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471 Instructions), OMB 3060-0806 (October 2000). Id. at 25 (emphasis altered). Id. at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dane Lancaster, Marin County Office of Education, dated January 24, 2002 (stating that the
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- July 1, 2001 and ends on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). > (SLD Year 4 Change Notice). SLD website, What's New
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- July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, and is now called Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . Request for Review. FCC Form 470, Windham Public Library, posted February 13, 2002. FCC Form 471, Windham Public Library, filed March 16, 2002 (envelope containing the entire application with postmark date of March 16, 2002). In Windham's
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- the funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now called Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Randolph County also appealed SLD's denial of its funding request for Internet access and internal connections to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Randolph County filed a request to withdraw its appeal concerning the RESA
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- Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Brooke County also appealed SLD's denial of its funding request for Internet access services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Brooke County filed a request to withdraw its appeal concerning the RESA Internet access
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Greenbrier County also appealed SLD's denial of its funding request for Internet access and internal connection services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Greenbrier County filed a request to withdraw its appeal concerning the
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- Thus, the funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year, is now called Funding Year 2001. The funding period which began on July 1, 2001 and ends on June 30, 2003, is now called Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Jefferson County also appealed SLD's denial of its funding request for Internet access services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Jefferson County filed a request to withdraw its appeal concerning the RESA Internet access
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Monroe County also appealed SLD's denial of its funding request for Internet access services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Monroe County filed a request to withdraw its appeal concerning the RESA Internet access
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Nicholas County also appealed SLD's denial of its funding request for Internet access services and internal connections services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Nicholas County filed a request to withdraw its appeal concerning
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- which the funding period starts. Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). (Funding Commitment Decision Letter), at 6. Letter from Susan Diverio, St. Joseph High School, to Schools and Libraries Division, Universal Service Administrative Company, filed August 20, 2001 (Appeal to SLD). (Administrator's Decision on Appeal). Id. at 1. Request for Review. Request for Review by Colonial Beach School District, Federal-State Joint
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- Thus the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(c). >. FCC Form 471, Tripp County Library, filed February 8, 2002. 47 C.F.R. 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court
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- sought would require a waiver of the Commission's rules. Thus, we refer to Subiaco's pleading as a Waiver Request. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms (October 29, 1999), . Waiver Request. FCC Form 471, Subiaco Academy, filed January 24, 2000 (SLD received date label). In Funding Year 3, paper copies of the forms had to be received by the last day of the filing window to
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- Year 2, is now called Funding Year 1999. The funding period that begins on July 1, 2001 and ends on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (Current Form 471). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- began on July 1, 2001 and ended on June 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- & Lucy F. Rand Memorial Library, to Federal Communications Commission, filed April 8, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. In prior years, this funding period was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002,
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504, 54.511(c), 54.511(d)(1). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. 54.511(d)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Competition Bureau Letter from Jon Ostendorf, Charleston County School District, to Federal Communications Commission, filed August 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. FCC Form 471, filed January 17, 2001 (Application Nos. SLD-240734, SLD-242904, SLD-242940, SLD-243031). Request for Review at 1. Letters from School and Libraries Division, Universal Service Administrative Company, to Evelyn Mauldin, Charleston County School District, dated February 27, 2001 (Form 471 Certification-Rejection Letter). Charleston also re-signed the applications on March 2, 2001, and resubmitted them to SLD. In response SLD
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- 30, 2002, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- from Michael McGregor, Foyil Public Schools, to Federal Communications Commission, filed January 28, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- REMANDED to the Schools and Libraries Division of the Universal Service Administrative Company for further review consistent with this Order. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Wireline Competition Bureau Request for Review from Winston E. Himsworth, Nassau County BOCES, to Federal Communications Commission, filed April 3, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1998) (FCC Form 471). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel.
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- from John R. Reed, Newtown Public Schools, to Federal Communications Commission, filed March 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Forms 471, Newtown Public Schools, filed January 20, 2000. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Stephen-Argyle Central School District, Federal-State Joint Board on Universal
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- from Pend Oreille County Library District, to Federal Communications Commission, filed May 21, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Year 2, is now called Funding Year 1999. The funding period that begins on July 1, 2000 and ends on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 54.719(c). See Letter from Nathaniel Hawthorne on behalf of Upshur County School District, to Federal Communications Commission, filed January 11, 2001 (requesting withdrawal of request for review of Funding Request Number (FRN) 591785). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Catholic Elementary School, Detroit, Michigan, to Federal Communications Commission, filed April 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated June 16, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated March 19, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
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- provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Voss, Centerville School District, Centerville, South Dakota, dated March 19, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (Form 471). Id. See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No.
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- Letter from Lawrence L. Furney, Northeast Educational Services Cooperative, to Federal Communications Commission, filed July 17, 2000 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Lawrence L. Furney, Northeast Educational Service Cooperative, dated October 26, 1999 (Funding Commitment Decision Letter). Letter from Lawrence L. Furney, Northeast Educational Services Cooperative, to Schools and Libraries Division, Universal Service Administrative Company, filed November 8, 1999 (SLD Appeal). See also Letter from
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- Carrier Bureau Letter from Nathaniel Hawthorne to Federal Communications Commission, filed March 26, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.507(c), (g). (SLD Form 471 Tips). Under the Commission's rules, SLD is authorized to establish and implement filing periods for FCC Form 471 applications by schools and libraries seeking to receive discounts for
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- District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 16, 2001 (SLD Appeal Letter). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id.; see also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). Form 471 Instructions at 2. Form 471 Instructions. Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Patricia McGee, Schaumburg Community Consolidated School District 54, to the Federal Communications Commission, filed April 20, 2000 (Request for Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Moshin Dada, Schaumburg Community School District 54, dated November 23, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schaumburg Community Consolidated School District 54, FCC Form 471, Block 5, filed April 1, 1999. Unless specifically stated otherwise, all amounts discussed in this Order are pre-discount amounts. Funding Commitment Letter at 5 (Funding Request Number 0000243562). Id. The ``30-percent policy'' is not a Commission rule, but rather is an internal SLD benchmark utilized during
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- Libraries Division, Universal Service Administrative Company, to Rachel Burg, Atlanta Adventist Academy HS, dated February 24, 2000 (Minimum Processing Standards Letter). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). (noting that for Funding Year 3, the filing window for FCC Forms 471 closed on January 19, 2000, while the deadline for certifications was initially January 26, 2000, and later extended to January 31, 2000). For Funding Year 5, which begins July 1, 2002, SLD has enhanced
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Carol Lynne Roddy, Ohio Public Library Information Network, to Federal Communications Commission, filed April 18, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per
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- Bureau Letter from Ben Carosi, Pearl River Public School District, to Federal Communications Commission, filed April 30, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, What's New (December 6, 1999), . >. See Letter from Ben R. Carosi, Pearl River School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 17, 2000 (Request Letter), at 1; FCC
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- Administrator. Compare 47 C.F.R. 54.719 (concerning requests for review) with 47 C.F.R. 1.3 (governing waiver requests). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. See FCC Form 471, Springdale Public Schools, filed January 26, 2000. See Letter from Jim Rollins, Springdale Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed January 22, 2001. See Administrator's Decision on Appeal. See Waiver
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- (Com. Car. Bur. rel. March 1, 2001) (Request for Review by Maine). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Peterson, Laguna Salada Union School District, to Federal Communications Commission, filed July 30, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Josephine Peterson, Laguna Salada Union Elementary School District, dated April 23, 2001. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Josephine Peterson, Laguna Salada Union Elementary School District, dated July 13, 2001(Administrator's
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- John Beach, Tallulah Academy-Delta Christian School, to Federal Communications Commission, filed August 13, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (Oct. 2000) (FCC Form 471 Instructions), at 5. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FY 4 FCC Form 471). FCC Form 471 Instructions at 5. See 47
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- E. McNamara, Southwest Independent School District, to Federal Communications Commission, filed July 25, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Southwest Independent School District, filed January 18, 2001 (Southwest Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to James E. McNamara, Southwest Independent School District, dated March 29, 2001 (Rejection Letter). Rejection
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- David Ochoa, Edgewood Independent School District, to Federal Communications Commission, filed July 24, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Noe Sauceda, PhD., Edgewood Independent School District, dated June 26, 2001 (Administrator's Decision on Appeal), at 2. FCC Form 471, Edgewood Independent School District, filed
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- Division Common Carrier Bureau Letter from Danielle A. Nerad, Green Bay Area Public Schools, to Federal Communications Commission, dated August 2, 2001 (Request for Review); see also Letter from George A. Smith, Green Bay Area Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 28, 2001 (SLD Appeal). 47 C.F.R. 54.501, 54.502. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Green Bay Area Public Schools, filed January 20, 2001. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year
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- SanClementi, Jr., art in context, to Federal Communications Commission, filed August 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives, (September 2000) . FCC Form 470, art in context, posted January 25, 2001. FCC Form 471, art in context, filed July 25, 2001. Id. Waiver Request at 1. Id. Id. Id. at 1-2. Id. at 3 Id. See 47 C.F.R. 1.3. Northeast Cellular Telephone
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- Malcolm Cain, Wilcox County Schools, to Federal Communications Commission, filed August 13, 2001 (Waiver Requests). See Waiver Requests. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (Window Notice). See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in
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- Gail Skruch, Loutit District Library, to Federal Communications Commission, filed August 29, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (September 2000) . FCC Form 470, Loutit District Library, posted February 26, 2001. FCC Form 471, Loutit District Library, filed June 7, 2001(envelope containing Block 6 certification page with postmark date of June 7, 2001). Waiver Request. Id. Id. at 2. Id. at 1. See
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- Accounting Policy Division Common Carrier Bureau Letter from Linda Berry, Schuyler R-1 School District, to Federal Communications Commission, filed July 7, 2000 (Request for Review); see also Letter from Linda Berry, Schuyler R-1 School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 22, 2000 (SLD Appeal Letter). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Pursuant to 47 C.F.R. 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R. 54.507(g).
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Exchange Carrier Association, Inc., File No. SLD-161422, CC Dockets No. 96-45 and 97-21, Order, DA 01-2456 (Com. Car. Bur. rel. October 23, 2001) (Request for Review by Most Holy Trinity). Parties may seek reconsideration from a final action of the Commission or its designated authority pursuant to 47 C.F.R. 1.106. 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd
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- Review on the merits. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jerry Gatlin, Floyd County Board of Education, dated July 13, 2001. By so doing, we do not abridge Floyd County's right to seek review under 47 C.F.R. 54.719(c), of the Administrator's July 13, 2001 decision. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Floyd County Schools, App. No. 275627 (First Form 471); FCC Form 471, Floyd County Schools, App. No. 263665 (Second Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year
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- 54.722(a), that the Waiver Request filed by Cotton Center ISD, Cotton Center, Texas, on June 13, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Keith E. Gast, Cotton Center ISD, to Federal Communications Commission, filed June 13, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request, Attachment. Id.; FCC Form 470, Cotton Center ISD, posted January 3, 2000. The fact that SLD did not post the form until seven days after receiving it is irrelevant in
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- Zeeland Public School District No. 4, to Federal Communications Commission, filed October 9, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Corbley Ogren, Zeeland Public School District, dated March 7, 2001 (Receipt Acknowledgement Letter). Every funding year, SLD establishes and notifies applicants of a "minimum processing standard"
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- extent provided herein, and Frazier's application IS REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau See Letter from Tom Shetterly, Frazier School District, to Federal Communications Commission, filed August 17, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. >. Id. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et
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- filed by Pottsville Area School District, Pottsville, Pennsylvania on August 15, 2000, IS DENIED to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Diane Hutchinson, Pottsville Area School District, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (``SLD will not accept Year 2 applications received after March 31, 2000.''). FCC Form 470, Pottsville Area School District, filed December 28, 1999 (Pottsville Form 470). We note that July 1, 1999 through June 30, 2000 was Funding
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- and 54.722(a), that the Waiver Request filed by Scottsdale Horizons School, Scottsdale, Arizona, on July 12, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Harry Stelling, Jr., Scottsdale Horizons School, to Federal Communications Commission, filed July 12, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. Letter form Harry Stelling, Jr., Scottsdale Horizons School, to Universal Service Administrative Company, filed January 20, 2000 (Appeal Letter). FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Appeal Letter at 2. Id. Id. Id.
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- Communications USA (Total Com), a consultant to SDAS. See Request for Review (listing Ms. Sand's contact information as a Total Com address); see also Letter from Eti Wise, Total Com USA, to Schools and Libraries Division, Universal Service Administrative Company, undated, indicating Total Com's designation as an authorized representative of SDAS. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471
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- from Michael Pallidino, ACCEPT Education Collaborative to Federal Communications Commission, filed July 31, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- McArt, Saint Martin of Tours School, to Federal Communications Commission, filed July 30, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Pursuant to 47 C.F.R. 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R.
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- System, CC Docket Nos. 96-45 and 97-21, Request for Review, filed November 5, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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- June 20, 2000 (Administrator's Decision on Waiver Request). However, because Waikiki asserts that it filed its application in a timely manner and that SLD is mistaken as to the date the application was filed, we treat Waikiki's request as a Request for Review under our rules. See 47 C.F.R. 54.719. Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. See FCC Form 471, Waikiki Elementary School, filed February 17, 2000 (Waikiki Form 471). Request for Review. Id. See Waikiki Form 471. See Request for Review by Old Town School Department, Federal-State Joint Board on Universal Service, Changes
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- for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School District, to Federal Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000)
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- to Federal Communications Commission, filed June 29, 2000 (Port Huron Waiver Request); Letter from Dennis J. Corsaro, Silver Creek Central School District, to Federal Communications Commission, filed July 26, 2000 (Silver Creek Waiver Request); Letter from Allen Burgad, Stanley Community Schools, to Federal Communications Commission, filed July 5, 2000 (Stanley Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). See 47 C.F.R. 54.507(c). See 47 C.F.R. 1.7. >. See Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14925, para. 16 n.39 (1998). >.
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- Bureau Letter from Lynn A. McIntosh, Chickasaw Regional Library System, to Federal Communications Commission, filed July 18, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). See FCC Form 471, Chickasaw Library System, filed June 3, 1999 (Year 2 Form 471); Letter from
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- Universal Service Administrative Company, to Janet LaBreche, Crawford County Public Library, dated May 15, 2000. Id.; FCC Form 471, Crawford County Public Library, filed January 19, 2000 (Crawford Form 471), at Block 5. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2000 (Request for Review). Id. Although SLD treated Enoch Pratt's request as a Waiver Request seeking waiver of our filing window, because Enoch Pratt denies that its applications were filed late, we properly treat it here as a Request for Review. See 47 C.F.R. 54.719 et seq. (governing requests for review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Request for Review. Once an FCC Form 471 was received by SLD in Funding Year 1, it was given a date-stamped Application Control Number. Once an application was data-entered, it was given a six-digit File Number. Applications that were untimely
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- Service Administrative Company, to Terri Stafford, Escondido Union High School District, dated February 16, 2000. FCC Form 471, Escondido High School District, filed January 7, 2000 (Escondido Form 471), at Block 5. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Marilyn M. Walls, Hanover County Public Schools, dated May 31, 2000 (Rejection Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Governor's School for Global Economics and Technology, Keysville, Virginia, on July 17, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy R. Carwile, Governor's School for Global Economics and Technology, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. 47 C.F.R. 54.504(b)(3) and (4); 54.511. FCC Form 470, Governor's School for Global Economics and Technology, filed December 27, 1999. Id. FCC Form 471, Governor's School for Global Economics and Technology, filed February 3, 2000; FCC
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- Competition Bureau Letter from Richard Lemon, Davis School District, to Federal Communications Commission, filed December 20, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Richard Lemon, Davis School District, dated January 19, 2001 (Rejection Letter). Id. Letter from Richard Lemon, Davis School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 28, 2001. Id.
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- Bureau Letter from the School District of Volusia County, to Federal Communications Commission, filed April 16, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999), at 19 (FCC Form 471 Instructions). FCC Form 471, School District of Volusia County, filed January
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- York, dated January 2, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Carrier Bureau Letter from Charles Stallard, Henrico County Public Schools, to Federal Communications Commission, filed August 16, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). >. The re-opened window closed on March 31, 2000. Id. Request for Review, at 1. FCC Form 470, Henrico County School District, posted December 20, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul F. Kolmetz, Henrico County School District, dated July 17, 2000 (Rejection Letter). Request for Review, at
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- Carrier Bureau Letter from Louis Treleani, Penn Hills School District, to Federal Communications Commission, filed February 28, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Penn Hills School District, filed January 14, 2000. Universal Service Administrative Company, Schools and Libraries Division, 471 PIA Review Log, Penn Hills School District, February 22, 2000, (FRN 348764 was changed from telecommunications services to internal connections). Letter from Schools and Libraries Division, Universal Service Corporation to Louis Treleani, Penn Hills School
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- School District, postmarked April 21, 2000 (Receipt Notification); see also Letter from Diane DeBlock, Ringwood Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed May 1, 2000 (Appeal to SLD), Attachment. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- that the Waiver Request filed by Tuxedo Park School, Tuxedo Park, New York, on January 30, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James T. Burger, Tuxedo Park School, to Federal Communications Commission, filed January 30, 2001 (Waiver Request). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request, at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- Review indicates that it was intended as an appeal to the Commission. Request for Review at 1. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.511(c)(1); see also Fourth Reconsideration Order, 13 FCC Rcd at 5441, para. 217 (1998). In June 1998, the Commission changed the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 - December 31) to a fiscal year cycle (July 1 - June
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- this application is remanded to SLD for further processing consistent with this opinion. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Pamela Kimball and A. Keith Ober, Alton Elementary School - Maine School Union #90, to Federal Communications Commission, filed October 4, 2000 (Request for Waiver). Id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4), 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Request for Waiver, at 1; see also FCC Form 470, Alton Elementary School, posted December 29, 1999 (Alton Form 470) (indicating a certification received date of December 15, 1999). Request for Waiver, at 1. Alton Form 470. FCC
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- this opinion. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Warren Anderson, Fort Worth Independent School District, to Federal Communications Commission, filed September 14, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Bureau Letter from Tom Ward, School District of La Crosse, to Federal Communications Commission, filed February 20, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding
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- 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Conrad Spirrison, Deer Park Community Consolidated Elementary School District No. 82, dated March 22, 2001 (Rejection Letter), at 1. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 4 Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Wireline Competition Bureau Letter from Bob G. Carnal, Intelenet Commission, to Federal Communications Commission, filed July 17, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Request for Review by Naperville Community Unit School District 203, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 5032 (2001). Id. Letter from
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- from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tyrone Pipkin, North Chicago Community Unit School District 187, dated February 16, 2000 (Rejection Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Competition Bureau Letter from Lynne Wendt, Our Lady of Loretto, to Federal Communications Commission, filed July 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynne Wendt, Our Lady of Loretto, dated June 26, 2001 (Administrator's Decision on Appeal), at 1-2. In Funding Year 4, the total amount of discounts requested was $5.195
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- Wireline Competition Bureau Letter from Daniela Tattoli, Spingfield Public Schools, to Federal Communications Commission, filed May 23, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471. FCC Form 471, Block 5. Id.; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (October 2000) (FCC Form 471 Instructions). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company,
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- of applicant North Dakota School Net, to Federal Communications Commission, filed October 18, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. 54.504(c). Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). Form 471 Instructions
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- which the funding period starts. Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). FCC Form 471, Mississippi Department of Human Services, Division of Youth Services, filed January 16, 2001 (MDHS Form 471); FCC Form 470, Mississippi Department of Human Services, Division of Youth Services, filed December 13, 2000 (MDHS Form 470). Universal Service Administrative Company, Schools and Libraries Division, Application Activity Report, Mississippi
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- July 1, 2001 and ends on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD
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- (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 897 F.2d at 1159 (stating that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis). See Waiver Request. Id. Waiver Request. Id. Id. 47 C.F.R. 54.504(b),(c). >. 03-1139 03-1139 h ' ( * 9 Q R X l
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- Review). Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated July 23, 2001 (Funding Commitment Decision Letters); Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated October 1, 2001 (Administrator's Decision on Appeal Letters). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Thus the funding period which began on July 1, 2001 and ended on June 30, 2002 is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. 54.504(c), 54.507(g). >. See FCC Form 470, WestCEL, filed December 27, 2000. See id.; 47 C.F.R. 54.504(b)(4). See FCC Form 471, WestCEL, filed January 16, 2001. WestCEL cites to the Administrator's Decision on Appeal stating that
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- Thus the funding period which began on July 1, 2001 and ended on June 30, 2002 is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See id. The funding period which began on January 1, 1998 and ended on June 30, 1999 is now called Funding Year 1998. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC
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- from Jennifer McMurray, The Calhoun School, to Federal Communications Commission, filed March 11, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). (Form 471 Receipt Acknowledgement Letter). In prior years, Funding Year 2001 was referred to as Funding Year 4. Funding years are now described by the year in which the funding period starts. Thus the funding period which begins on July 1, 2001 and ends on June 30, 2002, previously referred
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Services (Orleans/Niagara), and Steuben/Allegany Board of Cooperative Educational Services (Steuben/Allegany), filed August 13, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form OMB 3060-0806 (November 2001) (FCC Form 471). Id. Id. > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. FCC Form 471, Erie 1, filed January 17, 2002; FCC Form 471, Erie 2, filed January 17, 2002; FCC Form 471, Cattaraugus/Allegany, filed January 17, 2002;
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- See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2001, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Glover Elementary School, filed January 29, 2001 (Glover Form 471). Id. (postmark date on envelope containing certification and attachments). We note that Glover's Waiver Request incorrectly states that
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- Thus the funding period that began on July 1, 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, What's New (November 2, 2000) . Id. Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michelle Burton, Union Township School, dated October 5, 2001 (referring to application No. SLD-260894), and Letter from Schools and Libraries Division,
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- is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. (Yeshiva FCDL). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Second Report and Order, 18 FCC Rcd at 9225, 66. See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). ``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal
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- Harrisonburg City Schools, to Universal Service Administrative Company, Schools and Libraries Division, dated Aug. 10, 2001. Letter from Universal Service Administrative Company, Schools and Libraries Division, to Denise Dawson, Harrisonburg City Schools, dated Oct. 2, 2001. Request for Review at 2. Id. Id. See FCC Form 470, Harrisonburg City School District, filed November 30, 2000. See id.; 47 C.F.R. 54.504(b)(4). (Cochrane-Fountain City School District Order). Cochrane-Fountain City School District Order, 15 FCC Rcd at 16631, para. 6. Id. Id. at 16631, paras. 6-7. Id. at 16631, para. 7. Id. at 16631, n. 24. 47 C.F.R. 54.511(c). (...continued from previous page) (continued....) Federal Communications Commission DA 03-3049 Federal Communications Commission DA 03-3049 C D E G H i j
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- Young, Dickey LaMoure Multidistrict Special Education, to Federal Communications Commission, filed July 8, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 2002) (FCC Form 471 Instructions) at 5. See FCC Form 471, Dickey LaMoure Multidistrict Special Education, filed January 16, 2002 (Dickey LaMoure Form 471). Dickey LaMoure had previously begun a separate FCC Form 471, SLD File No.
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- a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Alan Welch, Grain Valley R-5 School District, dated July 23, 2001. FCC Form 470, Grain Valley R-5 School District, filed November 1, 2000. 47 C.F.R. 54.504 (b)(4). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. Id.; 47
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- Competition Bureau Letter from Lena K. Carichner, Hughesville Public Library, to Federal Communications Commission, filed August 9, 2002 (Request for Review). Id. The Commission's rules provide that, with one limited exception for existing, binding contracts, an eligible school, library, or consortium that includes eligible schools or libraries must seek competitive bids for all services eligible for support. 47 C.F.R. 54.504, 54.511(c). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for
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- Year 5. Thus, the funding period that began on July 1, 2002 and ended on June 30, 2003, is now called Funding Year 2002. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503, 54.504. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2001) at 8; and SLD website, Form 471 Minimum Processing Standards and Filing Requirements for FY 5, . Request for Review. Id. Request for Review at attachment 1. Id.; FCC Form 471, Northwest Tri-County Intermediate Unit, File Nos. SLD-306571, 308208,
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- Board on Universal Service, Order, CC Docket No. 96-45, DA 00-2900 (Com. Car. Bur., rel. December 27, 2000) (December 2000 Order). See also May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5991-94, paras. 17-23 (1999); 47 C.F. R. 54.504(a). See November 2000 Extension Order, 15 FCC Rcd at 21878-21879. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972); Northeast Cellular, 897 F.2d at 1166. WAIT Radio, 418 F.2d at 1159. Non-Recurring Services Order, 16 FCC Rcd at 13512,
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- July 2, 2002 (Request for Review). Id. See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Dana Watson-Lamprey, Prospect Sierra School, dated June 24, 2002 (Administrator's Decision on Appeal). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. See 47 C.F.R. 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. 47 C.F.R. 54.504(c); Schools and Libraries
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- which began on July 1, 2001 and ends on June 30, 2002, previously would have been known as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. Id.; SLD Filing Window Notice. See SLD Filing Window Notice. FCC Form 471, St. John Vianney High School, filed January 18, 2001 (electronic portion
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- the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (FCC Form 471 Instructions). See also 47 C.F.R. 54.504(c). FCC Form 471 Instructions at 2. 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471 Instructions at 4-5. Block 6
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- Schools, on behalf of Waldwick School District, to Federal Communications Commission, filed January 28, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review. 47 C.F.R. 54.502-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(c). Id. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 471 Instructions) at 19. Id. (``Signed contracts: You MUST have a signed contract (or a legally binding agreement between you and your service provider preparatory to
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- School District, entry dated May 16, 2001. Id. Although SLD reduces a funding request to exclude the cost of ineligible services in circumstances where the ineligible services represent less than 30 percent of the total funding request, SLD will deny a funding request in its entirety if ineligible services constitute more than 30 percent of the total. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 03-101 (rel. April 30, 2003), paras. 40-41. See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). FCC Form 471, Lower Yukon School District, filed January 18, 2000. Id. Id. Id. Id. A Media Convergence Server is a product sold by Cisco that can support telephony and video over a traditional data network system. Applicants may only seek support for eligible services. 47 C.F.R. 54.504 et seq. Although SLD reduces a funding request to exclude the cost of ineligible services in circumstances where the ineligible services represent less than 30 percent of the total funding request, SLD will deny a funding request in its entirety if ineligible services constitute more than 30 percent of the total. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service
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- filed August 9, 2001 (SLD Appeal Letter) at attachment. See January 31 Fax; PIA Exception Documentation. The five users determined to be ineligible by SLD actually totaled $82.34. Because SLD used $82.33 in its computations, and we believe that the $0.01 difference is inconsequential for purposes of our analysis, we will use $82.33 in the instant Order. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (October 2000) at 17 (Form 471 Instructions). Form 471 Instructions at 20. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 03-101 (rel. April
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- from Schools and Libraries Division, Universal Service Administrative Company, to Bill Olson, Sayville Library, dated February 26, 2002. FCC Form 471, Sayville Library, filed January 10, 2002 (Sayville Form 471), at Block 1. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2000) (Current Form 471); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- See FCC Form 471 (File No. SLD-258994), Lacey Township School District, incomplete. See Waiver Request. See id. See id. See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in a licensing issue, because it was arbitrary and capricious). See 47 C.F.R. 54.504(b), (c). See Waiver Request. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions) at 5 (``You may file more than one Form 471. For example, you may file one Form 471 for internal connections, one for Internet access, and one for telecommunications services . .
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- which began on July 1, 2002 and ends on June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Siskiyou County Library, filed January 23, 2002 (Siskiyou Form 471). Waiver Request (attaching copy of the invoice in question with two line items totaling more than $12,000). Waiver Request. Siskiyou Form 471 (the electronic portion
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Second Report and Order, 18 FCC Rcd at 9225, 66. See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). ``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal
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- 17 FCC Rcd 3145 (Com. Car. Bur. 2002). See also Request for Review by Naperville Community Unit School District 203, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 5032, para. 12 (2001). Consistent with sections 54.504(c) and 54.507(c) of the Commission's rules, applicants are not permitted to amend completed FCC Forms 471 to change service categories after closure of the filing window deadline. 47 C.F.R. 54.504(c), 54.507(c). See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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- July 1, 2001 and ends on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, New Carlisle Olive, filed January 29, 2002. Waiver Request. See 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Homer Community Consolidate S.D 33C, Federal-State Joint Board on Universal
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- funding period which began on July 1, 2001 and ended on June 30, 2002, previously referred to as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, is now known as Funding Year 2002, and so on. 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). In its Request for Review, Marshall County also appealed SLD's denial of its funding request for Internet access services and internal connections services to be provided by the Regional Education Service Agency of West Virginia (RESA). See Request for Review. On January 11, 2002, however, Marshall County filed a request to withdraw its appeal concerning
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- (5:44 p.m.) (June 29 Facsimile). We note that this totaled 255 cellular phones, 5 more than were originally requested. See Funding Commitment Decision Letter at 7 (``30% or more of this FRN includes a request for cellular service for Technology Specialists which are ineligible to receive service(s) based on program rules.''). See Request for Review at 2-5. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (October 2000) at 17 (Form 471 Instructions). Form 471 Instructions at 20. See 47 C.F.R. 54.504(c)(1); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 03-101 (rel. April
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- C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated July 1, 2002 (Administrator's Decision on Appeal). See also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated April 24, 2002 (Funding Commitment Decision Letter). Request for Review. See 47 C.F.R. 54.504, 54.511(c) (Commission's rules provide that, with one limited exceptions for existing, binding contracts, an applicant must comply with the Commission's competitive bidding requirements, including the posting of a FCC Form 470 on SLD's website for 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471). See also Request for
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- FCC Form 470 requesting services. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. 47 C.F.R. 54.504(c); see also, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating that the Commission may take into account considerations of hardship, equity,
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- rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michael R. Williams, Aberdeen School District No. 5, dated June 24, 2002 (Administrative Decision on Appeal). 47. C.F.R. 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions). ; Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form
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- filed April 12, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-9079 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(c). FCC Form 470, Erie 1
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- Whitfield, Terrebonne Parish School District, dated July 8, 2002 (Administrative Decision on Appeal). FCC Form 471, Terrebonne Parish School District, filed December 26, 2001 (Terrebonne Form 471). Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Grace Whitfield, Terrebonne Parish School District, dated April 24, 2002 (Funding Commitment Decision Letter). Id. See also 47 C.F.R. 54.504(b)(4). Letter from Grace Whitfield, Terrebonne Parish School District, to Federal Communications Commission, filed May 1, 2002. FCC Form 470, Terrebonne Parish School District, certified December 14, 1998 (Form 470 # 352840000116488). Id. See also Funding Commitment Decision Letter. See Administrative Decision on Appeal. Id. Request for Review at 3. . 47 C.F.R. 54.504(b). See also Instructions for Completing the
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- C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to William Dodd, Ticonderoga Central School District, March 6, 2003 (Administrative Decision on Appeal). Request for Review. See also FCC Form 471, Ticonderoga Central School District, filed January 16, 2002. Id. See FCC Form 470, Ticonderoga Central School District, posted December 17, 2001. See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). Administrative Decision on Appeal. . ; Request for Review by Gustine Independent School District, Federal-State Joint
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- Car. Bur. rel. Dec. 21, 1999). . See also Request for Waiver by Roanoke Rapids Graded School District, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File Nos. SLD-222879, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd 23514 (Wireline Comp. Bur. 2002). See 47 C.F.R. 54.504(b); Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions) at 2-3. See Request for Waiver by Lombard School District 44, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-109411, CC Docket Nos. 96-45 and 97-21, Order, 14 FCC Rcd
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- Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R 54.719(c). . . The Administrator must post the Form 470 on its website, and the applicant is required to wait 28 days before making a commitment with a selected service provider. 47 C.F.R. 54.504(b)(4). SLD web site, What's New (November 2000) <> See FCC Form 470 Instructions. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Richard Peterson, Meritide, Inc., dated February 5, 2002, regarding SLD Application Number 259869; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Richard Peterson, Meritide, Inc., dated February 5, 2002, regarding SLD Application Number
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- See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bruce Kalter, Donna Public Library, dated April 10, 2003, regarding SLD application number 319218; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bruce Kalter, Donna Public Library, dated April 10, 2003, regarding SLD application number 324301. See Request for Review. Id. See 47 C.F.R. 54.504. See FCC Form 471 Instructions at 8. See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-112605, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 23,820 (Com. Car. Bur. 2003). See Request for Review by Cheney Public
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- and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). ; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See FCC Form 471, Custer County C-1 School District, filed January 20, 2004; FCC Form 470, Custer County C-1 School District, posted January 5, 2004. See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and must wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). Request for Review at 2-3. . ; Request for Review by Gustine Independent School District,
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- Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). ; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review at Attachment 1. See also FCC Form 470, Butte High School, posted January 7, 2004. See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and must wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). Request for Review at 1. Id. . ; Request for Review by Gustine Independent School
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- Texas, on June 30, 2000, IS GRANTED and REMANDED to SLD for further processing in accordance with this Order. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Sherian Keeling, Gainesville Independent School District, to Federal Communications Commission, filed June 30, 2000 (Request for Waiver). 47 C.F.R. 1.3. 47 C.F.R. 54.504(c), 54.507(g). Id. The deadline for Funding Year 2000 applications was January 19, 20000. See SLD website, . Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935, paras. 8-9. Id. Id. See Id., 15 FCC
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- opportunity to compete for the same contract, schools or libraries can enter into renewable contracts of any length or form, as permitted by state law.'') See Request for Review at Attachment 3; FCC Form 471, Brunswick County Schools, filed January 17, 2004; FCC Form 470, Brunswick County Schools, posted December 2, 2003 (Form 470 #177240000475096). See also 47 C.F.R. 54.504(b), (c) (providing that applicants must file with the Administrator, for posting on its website, the Form 470 requesting services and wait 28 days after posting before entering into an agreement with a service provider for the requested services and submitting the FCC Form 471). E-mail from Leonard Jenkins, Brunswick County Schools, to Bob Hellwig, Schools and Libraries Division, Universal Service
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- utilizes a thirty percent processing benchmark when reviewing funding requests that include both eligible and ineligible services. This thirty percent benchmark was codified by the Commission in 2003. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9215-9216, paras. 38-41 (2003); 47 C.F.R. 54.504(d). Under this benchmark, if thirty percent or more of the request seeks funding for ineligible services, the Administrator will deny the funding request in its entirety. 47 C.F.R. 54.504(d). Request for Review by Iroquois West School District 10, Schools and Libraries Universal Service Support Mechanism, File No. SLD-343292, CC Docket No. 02-6, Order, 20 FCC Rcd 540 (Wireline Comp.
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- Letter from Roger E. Waley, New Albany-Floyd County Consolidated School Corporation, to Federal Communications Commission, filed August 19, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See FCC Form 470, New Albany-Floyd County Consolidated School Corporation, posted March 4, 1999. The allowable
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- Order) (describing the functions of the Schools and Libraries Committee). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include, but are not limited to, ``development of applications and associated instructions,'' and ``administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations.'' See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 17 (October 2000) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- ) CC Docket No. 02-6 Charleston, West Virginia ) ) Schools and Libraries Universal Service ) Support Mechanism ) order Adopted: July 26, 2005 Released: July 27, 2005 By the Telecommunications Access Policy Division, Wireline Competition Bureau: I. INTRODUCTION In this Order, we grant the petition of the West Virginia Department of Education (West Virginia) seeking a waiver of section 54.504(c) of the Commission's rules to enable West Virginia schools to use state master contracts to apply for universal service support under the schools and libraries support mechanism for Funding Year 2005 and future funding years. We find that this waiver is in the public interest and warranted by the special circumstances of applicants utilizing state master contracts in the state
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- Order) (describing the functions of the Schools and Libraries Committee). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include, but are not limited to, ``development of applications and associated instructions,'' and ``administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations.'' See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806, at 20 (October 2003) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also USAC website, . See USAC website, PIA, . See FCC Form 471, Houston Independent School District, filed February 3, 2004
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- utilizes a 30 percent processing benchmark when reviewing funding requests that include both eligible and ineligible services. This 30 percent benchmark was codified by the Commission in 2003. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9215-9216, paras. 38-41 (2003); 47 C.F.R. 54.504(d). Under this benchmark, if 30 percent or more of the request seeks funding for ineligible services, the Administrator will deny the funding request in its entirety. 47 C.F.R. 54.504(d). Request for Review by Iroquois West School District 10, Schools and Libraries Universal Service Support Mechanism, File No. SLD-343292, CC Docket No. 02-6, DA 05-54, para. 5, released January 11,
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- District 10, to Federal Communications Commission, filed June 16, 2003 (Request for Review). Any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Scott J. Oyer, Iroquois School District 10, May 1, 2003. 47 C.F.R. 54.504 et seq. See, e.g., Request for Review by Fairfax County Public Schools, Schools and Libraries Universal Support Mechanism, File No. SLD-266045, CC Docket No. 02-6, Order, 19 FCC Rcd 8899 (2004). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and
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- (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- I. INTRODUCTION In this Order, we grant three appeals of decisions by the Universal Service Administrative Company (USAC) filed by Richmond County School District, Hamlet, North Carolina (Richmond County) denying Richmond County funding for discounted services under the schools and libraries universal service support mechanism. We grant two appeals on the merits and, for the third appeal, we waive section 54.504(c) of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471, because Richmond County's violation of this rule was only technical in nature and Richmond County's other actions mitigate any concern over the rule violation. We remand the appeals to USAC for
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- a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maxter E. Allen, Anson County School District, dated February 10, 2006 (re: Funding Request Number 1317636) (USAC Decision on Appeal). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.508(a)(3), (4). See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, 13 FCC Rcd 24493 (1997),
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- that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeff Tice, Hickory City School District, dated June 22, 2004 (FCDL). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.508(a)(3), (4). See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, 13 FCC Rcd 24493 (1997),
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- an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Gregg Sinders, Jennings County Schools, dated Jan. 20, 2006 (USAC Decision on Appeal). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.508(a)(3), (4). See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, 13 FCC Rcd 24493 (1997),
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- See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25075-76, paras. 30-31 and 34 (1998). See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806, at 20 (October 2003) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also USAC website, . See, e.g., Letter from Schools and Libraries Division, Universal Service Administrative Company, to Henkels & McCoy, Inc,
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- Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Clementina Jimenez, Wyoming Department of Education, dated Feb. 24, 2005; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Clementina Jimenez, Wyoming Department of Education, dated Nov. 17, 2005 (collectively, Administrator's Decisions on Appeal). 47 C.F.R. 54.501-54.503. . 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- discounted services such as tariffed telecommunications services, month-to-month Internet access, cellular services, paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471, after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all
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- and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.500(g) (defining ``master contract'' as a contract negotiated with a service provider by a third party, the terms and conditions of which are then made available to an eligible school, library, rural health care provider, or consortium that purchase directly from the service provider.). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap
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- a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Arthur J. Mendonca, Providence Public Schools, dated November 23, 2005 (USAC Decision on Appeal); 47 C.F.R. 54.506(b). See infra paras. 7-8. 47 C.F.R. 54.501-54.504. See 47 C.F.R. 54.504; Instructions for Completing the Universal Service Schools and Libraries Services Ordered and Certification Form, OMB 3060-0806, at 17 (November 2004) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses); see also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- approved by the State of Maine had [USAC] asked.'' The District provided a copy of its approved technology plan for FY 2005 with its appeal to USAC and with its appeal to the Commission. III. DISCUSSION Based on the specific facts presented here, we grant the District's Request for Review. We find that the District satisfied our requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. We note that USAC reduced the District's E-rate funding not because the District failed to develop and obtain approval of a technology plan, but because the District provided USAC with a copy of the wrong technology plan. This error resulted from a miscommunication between USAC and
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- the Universal Service Administrative Company (USAC) denying an application for discounted services under the schools and libraries universal service support mechanism (E-rate program) for Funding year (FY) 2005. The application was denied because the contract date on the agreement did not accompany the signature lines of both Gayville-Volin and its service provider. We find that Gayville-Volin did not violate section 54.504(c) of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. We remand the appeal to USAC for action consistent with this Order, and, to ensure that it is resolved expeditiously, we direct USAC to reinstate the funding commitment no later than
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- Bureau Letter from Victor E. Stannish, Douglas-Omaha Technology Commission, to Federal Communications Commission, filed Dec. 21, 2005 (Request for Waiver). Funding Year 2004 started on July 1, 2004 and ended on June 30, 2005. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002)
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- Competition Bureau Letter from Ron Milliner, Owensboro Public Schools, to Federal Communications Commission, filed Aug. 9, 2006 (Request for Waiver). Funding Year 2003 started on July 1, 2003 and ended on June 30, 2004. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002)
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- taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). Funding Year 2004 started on July 1, 2004 and ended on June 30, 2005. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002)
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- and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (2000 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Receipt of
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- an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.505. If the technology plan has not been approved when the applicant files the Form 470, the applicant must certify that it understands that the technology plan must be approved prior to commencement of service. 47 C.F.R. 54.504(b)(2)(vii). 47 C.F.R. 54.504(b)(4). See 47 C.F.R. 54.504(c). One purpose of this form is for the applicant to complete the discount calculation worksheet and for the applicant to indicate its discount percentage. 47 C.F.R. 54.505(b). 47 C.F.R. 54.505(b)(1). 47 C.F.R. 54.505(b)(3)(i), (ii). 47 C.F.R. 54.505(c). Block 4 of the FCC Form 471 asks the school
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- 11, 2006) (Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- Jersey had no intention of seeking new bids before or during the funding year, and the extension process simply continued the contract that the state had previously utilized. III. DISCUSSION We grant Paterson's appeal of the decision by USAC rescinding funding on the basis that Paterson did not have a signed valid contract that covered the entire funding year. Section 54.504(c) requires that an applicant have a signed contract in place before filing its FCC Form 471. The record demonstrates that Paterson accepted the service provider's offer of services pursuant to an existing state master contract before filing its FCC Form 471 and that the state master contract was continuously in effect throughout Funding Year 2004. We find that USAC's policy
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- with the terms of this Order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of
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- Glendale Unified School District, Glendale, California, to Federal Communications Commission, filed November 4, 2005 (Request for Review and/or Waiver). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c); Instructions for Completing the Universal Service Schools and Libraries Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 2002) (FCC Form 471 Instructions). FCC Form 471 Instructions at 25. Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form
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- Order) (describing the functions of the Schools and Libraries Committee). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include, but are not limited to, ``development of applications and associated instructions,'' and ``administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations.'' See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806, at 20 (October 2003) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also USAC website, . See USAC website, PIA, . See FCC Form 471, Quinter Public Schools Unified School District No. 293,
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- Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Anthony Dixon, Coahoma County School District, dated Aug. 4, 2005 (Administrator's Decision). See 47 C.F.R. 54.504. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See FCC Form 471. See also 47 C.F.R. 54.504. . . See Beginning With Children, 18 FCC Rcd at 940, para. 9; 47 C.F.R. 54.504. See Request for Review by Beginning With Children Charter School, and Yeshiva Karlin-Stolin, Federal-State Joint
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- after August 13, 2001, the appeal must be filed with USAC within 60 days of the issuance of the decision that the party seeks to have reviewed. 47 C.F.R. 54.720(b). See 47 C.F.R. 54.501-54.503. See, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471). 47 C.F.R. 54.504(c). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, 14 FCC Rcd 13734 (1999)
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- I. INTRODUCTION In this Order, we grant a request for review by Dallas Independent School District (Dallas) of a decision by the Universal Service Administrative Company (USAC) denying an application for discounted services for Funding Year 2004 under the schools and libraries universal service support mechanism (also known as the E-rate program). We find that Dallas did not violate section 54.504(c) of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. Accordingly, we remand the appeal to USAC for action consistent with this Order and direct USAC to complete its review of the remanded application expeditiously. II. BACKGROUND Under the E-rate program,
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- concludes that the posting of the bid proposal on the USAC website is an acceptable means of assuring a competitive bidding process. Because all the requests for funding at issue followed USAC and the Commission's competitive bidding rules and regulations, as well as applicable state laws, as required by program rules, we conclude that Petitioners were in compliance with section 54.504(a) of the Commission's rules. Accordingly, we grant Petitioners' Requests for Review. IV. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.722(a), that the Requests for Review filed by Petitioners on August 23, 2004, August 17, 2004, and July 27, 2004, ARE GRANTED,
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- Wyoming), filed Requests for Review of decisions by the Universal Service Administrative Company (USAC or Administrator). The USAC decisions at issue denied funding for discounted services for Funding Years 2000 and 2001 of the schools and libraries universal service mechanism. Consistent with precedent, we deny the Requests for Review. On our own motion, however, we find that waiver of section 54.504(b) of the Commission's rules is in the public interest and warranted by the special circumstances of applicants utilizing state master contracts in Wyoming. II. BACKGROUND Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. The Commission's
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- by the State of Wyoming, to Federal Communications Commission, SLD File No. 202111, filed December 20, 2002; Request for Review by the State of Wyoming, to Federal Communications Commission, SLD File No. 218236, filed February 12, 2003. In a separate order released today, the Bureau denies Wyoming's Requests for Review, but, on its own motion, grants a waiver of section 54.504(b) of the Commission's rules. Specifically, the Bureau finds that a waiver of the 28-day competitive bidding rule is appropriate to enable Wyoming public schools to obtain services from the Wyoming state master contract. See Request for Review by the Wyoming Department of Education of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45, 97-21, Order, DA 06-484 (Wireline
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- to Federal Communications Commission, dated September 14, 2005 (Request for Review for File No. SLD-415257) (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). 47 C.F.R. 54.504(b)-(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. 54.504(c). See FCC Form 471. The FCC Form 471
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- order Adopted: April 3, 2006 Released: April 3, 2006 By the Chief, Wireline Competition Bureau: In this Order, we grant the appeal of a decision by the Universal Service Administrative Company (USAC) rescinding funding already committed to the Illinois School for the Visually Impaired (Illinois School) for discounted services under the schools and libraries universal service mechanism. We waive section 54.504 of the Commission's rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. We remand the appeal to USAC for action consistent with this Order, and, to ensure that it is resolved expeditiously, we direct USAC to reinstate the funding commitment no later than
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- Education ) CC Docket No. 02-6 Frankfort, Kentucky ) ) Schools and Libraries Universal Service ) Support Mechanism ) MEMORANDUM OPINION AND order Adopted: March 9, 2007 Released: March 9, 2007 By the Acting Deputy Chief, Wireline Competition Bureau: I. INTRODUCTION In this Order, we grant the petition of the Kentucky Department of Education (Kentucky) seeking a waiver of section 54.504(c) of the Commission's rules to enable Kentucky schools to use state master contracts to apply for universal service support under the schools and libraries support mechanism for Funding Year 2005 and future funding years. As explained below, we find that this waiver is in the public interest and warranted by the special circumstances surrounding the use of state master contracts
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- Administrator by Bishop Perry Middle School, New Orleans, LA, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487170, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 5316 (2006) (Bishop Perry Order) (waiving the Commission's rules to, inter alia, allow applicants' to timely file their FCC Forms 471). Id. 47 C.F.R. 54.501-54.504. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). Id. 47 C.F.R. 54.507. See Appendix. The Commission may waive any provision of its rules on its own motion and for good cause shown. 47 C.F.R. 1.3. A rule may be waived where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166
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- (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- seek review from the Commission. 47 C.F.R. 54.719(c). For purposes of this Order, decisions by both the Schools and Libraries Division and USAC will be referred to as decisions issued by USAC. Although we grant the appeals addressed here, we make no findings as to the ultimate eligibility of the requested services. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). Id. 47 C.F.R. 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Funding Year 2001 FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47
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- find that the competitive bidding process in the instant matter violated the letter, spirit and intent of the Commission's competitive bidding requirements. Although compliance with any applicable state and local procurement laws is one of the minimum requirements for selecting services under the E-rate program, there are also certain specific Commission requirements with which all E-rate applicants must comply. Section 54.504(a) of the Commission's rules specifically states that the Commission's ``competitive bid requirements apply in addition to state and local competitive bidding requirements.'' While Send Technologies points out that the Investigative Audit Report determined that the Union Parish employee's 15 percent interest in Send Technologies did not by itself violate Louisiana state law, Send Technologies fails to make mention of other
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- request. In a sixth appeal, USAC rejected the funding request of Richland Parish School District (Richland Parish) because it did not produce an RFP as required by Louisiana Public Bid Law. Specifically, in the case of NAFI, based on the facts and circumstances of this specific case, we find that good cause exists to grant a limited waiver of section 54.504(b) of the Commission's rules. According to its FCC Form 470, NAFI was seeking vendor proposals for telecommunications service, Internet access, and internal connections. In its Request for Review, NAFI states that although it indicated on its FCC Form 470 that an RFP would be available upon request, it decided not to produce an RFP document until it received a request
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- the Universal Service Administrator by Virginia State Department of Education, Richmond, Virginia, File No. SLD-163045, CC Dockets No. 96-45 and 97-21, Order, 17 FCC Rcd. 8677 (Wireline Comp. Bur. 2002) (Virginia DOE Order). Parties may seek reconsideration from a final action of the Commission or its designated authority. 47 C.F.R. 1.106. 47 C.F.R. 54.501-54.504. See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000), at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities, or uses); see also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- to a provider that was not eligible to provide telecommunications on a common carrier basis, petitioners claim that they had indeed sought service from a telecommunications carrier. We find that if petitioners are given an opportunity to correct the incorrect SPINs, they may be eligible for funding under the E-rate program. To the extent necessary, we therefore also waive section 54.504(c) of the Commission's rules in order to allow petitioners to correct the SPIN errors on their FCC Forms 471. We thus remand the underlying applications associated with these appeals to USAC for further action consistent with this Order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the
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- 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review. Although we grant the appeal addressed here, we make no finding as to the ultimate eligibility of the requested services. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). Id. 47 C.F.R. 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket
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- Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 12294 (2003); 47 C.F.R. 54.514(b). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. 54.504(h). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. 54.508(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ( ) < E
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- seek review from the Commission. 47 C.F.R. 54.719(c). Although we grant the appeals addressed herein, we make no finding as to the ultimate eligibility of the applicants, consortia members, or the requested services. 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (Funding Year 2006 FCC Form 470). The FCC Form 471 notifies USAC of the services that have been ordered, the service providers with which the applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to
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- this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that the requirements contained in sections 54.504(c) and 54.507(c) of the Commission's rules, section 47 C.F.R. 54.504(c) and 54.507(c), ARE WAIVED as described herein. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of the Commission's
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- and Libraries support mechanism, these rules ensure that eligible schools, libraries, and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Numbers and Titles: 54.500 Terms and definitions. 54.501 Eligibility for services provided by telecommunications carriers. 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.513 Resale and transfer of services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support
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- from the Commission. 47 C.F.R. 54.719(c). Funding Years begin July 1 and run through June 30 of the following year. In performing a complete review and analysis of the underlying applications, USAC shall either grant the application, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). The FCC Form 471 is the Services Ordered and Certification Form. Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc. of the Decision of the Universal Service Administrator, Request for Review by Education Networks
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- filed with the Commission by Approach Learning. Id. See Petition at Exhibit 1 (Civil Settlement); infra. para. 4. In performing a complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). Id.; see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, paras. 572-579 (1997) (Universal Service First Report and Order) (subsequent history omitted). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). Id. 47
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- Mar. 20, 2007) (Cityroots Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). Hewlett Packard Company subsequently acquired Compaq Computer Company in 2002. See http://www.pcworld.com/article/id,97944-page,1/article.html (retrieved Aug. 11, 2008). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(a)-(c), 54.511. 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). The RFP must be available to all potential bidders for the duration of the bidding process. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, Instructions for Completing Description
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- Commission's competitive bidding requirements. We find that Grand Rapids should be allowed to correct the error on its FCC Form 471 that served as the basis for USAC's denial of funding. We therefore grant Grand Rapids' request for review and remand the underlying application to USAC for further action consistent with this order. To the extent necessary, we waive section 54.504(c) of the Commission's rules to allow Grand Rapids to amend its original FCC Form 471 application submitted to USAC. To ensure that the underlying application is resolved expeditiously, we direct USAC to complete its review of the underlying application and issue an award or denial based upon a complete review and analysis no later than 60 calendar days from the
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- from the Commission. 47 C.F.R. 54.719(c). Funding Year 2005 started on July 1, 2002 and ended on June 30, 2003. In performing a complete review and analysis of the underlying applications, USAC shall either grant the application, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c); Instructions for Completing the Universal Service Schools and Libraries Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 2002) (FCC Form 471 Instructions). FCC Form 471 Instructions at 25. Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form
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- this appeal involves a clerical error on the part of Hillsboro when it selected the wrong classification of service on its FCC Form 471. As the Commission has previously noted, we do not believe that such minor mistakes warrant the complete rejection of an applicant's E-rate application. Therefore, to the extent necessary, we also grant Hillsboro a waiver of section 54.504(c) of the Commission's rules, which requires applicants to submit a completed FCC Form 471 to USAC. Request for Proposal. USAC denied four of Hillsboro's funding requests because Hillsboro failed to inform bidders that an RFP was issued. The Commission has previously found that the FCC Form 470 is the only ``posting'' necessary to fulfill the Commission's competitive bidding requirement. Here
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- Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from KPMG to Universal Service Administrative Company (dated April 24, 2003) (independent accountants' report on Biblioteca Residencial Aguadilla: Funding Year 2000) (KPMG Audit Report). See 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(a). There is, however, one limited exception for preexisting, binding contracts. 47 C.F.R. 54.511(c). See Request for Review by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., SPIN-143006149, CC Docket No. 96-45, 16 FCC Rcd 4028, 4033, para. 10 (2000). The Commission also recognized that
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- Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Universal Service Administrative Company, Schools and Libraries Division, to Chris Webber, Liberal Unified School District (dated Apr. 13, 2004) (Administrator's Decision on Appeal). 47 C.F.R. 54.504(a)-(c). We estimate that the appeal granted in this Order involves an application for approximately $691,693.00 in funding. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Fourth Quarter 2008 (Aug. 1, 2008). Thus, we determine that the action we take
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- of a decision by the Universal Service Administrative Company (USAC) that denied funding to Radford under the schools and libraries universal service support mechanism, also known as the E-rate program, on the grounds that Radford did not submit its FCC Form 470 signed certification page prior to filing its FCC Form 471 for Funding Year 2001. Specifically, we waive section 54.504(b)(2) of the Commission's rules, which requires that an applicant's FCC Form 470 be certified prior to the filing of its FCC Form 471. We remand the appeal to USAC for action consistent with this order. To ensure that the underlying application is resolved expeditiously, we direct USAC to complete its review of the application and issue an award or denial
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- USAC, Schools and Libraries Division, to Ron Davis, West Branch-Rose City Area Schools at 1-2 (dated Aug. 29, 2005). In performing a complete review and analysis of the underlying matter, USAC shall either grant the requested reimbursement, or, if denying the requested reimbursement, provide the applicant with any and all grounds for denial. 47 C.F.R. 54.501-54.504. 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See USAC website, Receive Your Funding Decision, http://www.universalservice.org/sl/applicants/step09/ (retrieved Oct. 28, 2008). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9217-19, paras. 44-50 (2003)
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- for Academic Excellence, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-539076, 539722, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 4747 (Wireline Comp. Bur. 2007) (Academy for Academic Excellence Order) (granting similar waivers to those granted in the Commission's Bishop Perry Order); see 47 C.F.R. 54.507(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. 54.507(c). A review of E-rate funding since 1999 shows that E-rate funds have been exhausted before satisfying all of the priority two funding requests of those applicants who filed within
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- eligible to provide telecommunications service is a clerical, ministerial or procedural error, and therefore, complete rejection of these applications is not warranted. Thus, the Bureau determined that if the petitioners had been given an opportunity to correct the SPINs, they may have been eligible for funding under the E-rate program. Additionally, to the extent necessary, the Bureau also waived section 54.504(c) of the Commission's rules to allow the petitioners to correct the SPIN errors on their FCC Forms 471. Accordingly, the Bureau remanded the underlying applications associated with these appeals to USAC for further action consistent with that order. DISCUSSION We grant the petitioners' Requests for Review. USAC denied applicants E-rate discounts on telecommunications services finding that their service providers were
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- and Certification Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004 FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (2000 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Receipt of
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- this order. In this order, we use the term ``appeals'' to generally refer to requests for waiver and requests for review of decisions issued by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.504 (a)-(c). Although we grant the appeals with respect to the application numbers listed in the appendix, we make no finding as to the ultimate eligibility of the requested services for E-rate funding. In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant
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- attachments under the schools and libraries universal service support mechanism, also known as the E-rate program. We find that the issues raised here are similar to those addressed by the Commission in the Bishop Perry Order. We therefore remand the underlying applications to USAC for further action consistent with the Bishop Perry Order. To the extent necessary, we waive section 54.504(c) of the Commission's rules to allow the petitioners to amend their original applications and associated Item 21 attachments submitted to USAC. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each underlying application and issue an award or denial based upon a complete review and analysis no later than 90 calendar days
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- for all services eligible for support. In accordance with our rules, an applicant must file with USAC an FCC Form 470 requesting services. After the FCC Form 470 is posted to USAC's web site, the applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471. Section 54.504(c) of the Commission's rules also states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' Specifically, the instructions for FCC Form 471 state that applicants must have a ``signed contract'' or a ``legally binding agreement'' with the service provider ``for all services'' ordered on the
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- rigid compliance with USAC's application procedures would inflict undue hardship on the applicants, which would not further the purposes of section 254(h) or serve the public interest. We therefore grant these 18 appeals and remand the underlying applications associated with these appeals to USAC for further processing consistent with this order. Additionally, to the extent necessary, we also waive section 54.504(c) of the Commission's rules, which requires that applications must be complete when filed, to enable these petitioners to correct any SPIN errors on their FCC Forms 471. To ensure these issues are resolved expeditiously, we direct USAC to complete its review of the applications listed in the Appendix and issue an award or denial based on a complete review and
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- funding during Funding Years 2000-2003 after changing the service category of the applicants' funding requests because USAC determined that the applicants' service providers were not telecommunications carriers as required by program rules. As explained below, we remand the underlying applications associated with these appeals to USAC for further action consistent with this order. To the extent necessary, we waive section 54.504(c) of the Commission's rules to allow the petitioners to amend their original FCC Form 471 applications submitted to USAC. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the Appendix and issue an award or denial based upon a complete review and analysis no later than 90 calendar
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- of Lower Yukon School District, to Federal Communications Commission, CC Docket No. 02-6 (filed Nov. 28, 2005) (Lower Yukon Request for Review); Letter from Donald Trigg, Santa Ana Unified School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 9, 2007) (Santa Ana Request for Review). See supra n. 1. See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii). Request for Review of the Decision of the Universal Service Administrator by Academy of Excellence, et al., File Nos. SLD-261209, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 8722 (2007) (Academy of Excellence Order). See 47 C.F.R. 54.501-503. See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. 54.508(a). Schools and Libraries Universal Service Support
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- is attached as an appendix to this order. In this order, we use the term ``appeals'' to generally refer to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511. 47 C.F.R. 54.511 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form
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- this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that the requirements contained in sections 54.504(a)-(b) of the Commission's rules, section 47 C.F.R. 54.504(a)-(b), ARE WAIVED as described herein. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.
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- Schools and Libraries Division, to Garnet Person, District of Columbia Public Schools (dated Sept. 1, 2005) (Funding Commitment Decision Letter); Letter from USAC, Schools and Libraries Division, to Garnet Person, E-Rate Elite Services (dated Jan. 12, 2006) (Administrator's Decision). Funding Year 2005 started on July 1, 2005, and ended on June 30, 2006. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See FCC Form 471; see also 47 C.F.R. 54.504. USAC website, Schools and Libraries, Undergo Application Review, http://www.usac.org/sl/applicants/step08/default.aspx (retrieved Aug. 12, 2008) (Application Review Process). Id. See id. See, e.g., Letter from USAC, Schools and Libraries Division, to Garnet
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- Chief, Wireline Competition Bureau: In this Order, we grant a request by Franklin-McKinley School District (Franklin-McKinley) for review of a decision by the Universal Service Administrative Company (USAC) that rescinded funding already committed to Franklin-McKinley under the schools and libraries universal service support mechanism (E-rate program) for Funding Year (FY) 2005. Specifically, we grant Franklin-McKinley a limited waiver of section 54.504(c) of our rules, which states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' We remand the appeal to USAC for action consistent with this Order, and, to ensure that it is resolved expeditiously, we direct USAC to reinstate the funding commitment no later than
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- in an Appendix to this Order. In this Order, we use the term ``appeals'' to generally refer to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.504 (a)-(c). See Consolidated Request for Review of the Decisions of the Universal Service Administrator, Franklin Academy, Jackson Parish School District, Morehouse Parish School District, Richland Parish School District, and Webster Parish School District (filed Nov. 20, 2006) (November 2006 Appeal); Supplement to Consolidated Request for Review of the Decisions of the Universal Service Administrator, Franklin Academy, Jackson Parish School District,
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- recordkeeping and auditing requirements. Need: In implementing statutory requirements for the Schools and Libraries support mechanism, these rules ensure that eligible schools, libraries, and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Number and Title: 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.506 Internal connections. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. 54.518 Support for wide area networks. 54.519 State telecommunications networks. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural
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- Nos. SLD-637819, et al., CC Docket No. 02-6, Order, 23 FCC Rcd 15474, App. (Wireline Comp. Bur. 2008) (Acorn Public Library District Order). Request for Waiver at 1. Id.; Letter from Ryan Stockham, Minford Local Schools, to Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed June 11, 2008) (regarding application number 637392). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. 54.507(c). The annual cap on E-rate funds is $2.25 billion per funding year. 47 C.F.R. 54.507. Since 1999, E-rate funds have been exhausted before satisfying all of the funding
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- the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed May 11, 2009) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (USAC) may seek review from the Commission. 47 C.F.R. 54.719(c). Request for Review at 1-4. See 47 C.F.R. 54.504 (a)-(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504, 54.511; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-80, paras.
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- (filed Oct. 17, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). E-rate funding year 2004 began on July 1, 2004, and ended on June 30, 2005. 47 C.F.R. 54.501-54.503. See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 at 17 (October 2000) (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities, or uses); see also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). 47 C.F.R. 54.501-54.503. See 47 C.F.R. 54.505. 47 C.F.R. 54.523. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b). See 47 C.F.R. 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Oct. 2004) (FCC Form 470). 47 C.F.R. 54.504(b)(4). (last visited Aug. 28, 2009). Beginning July 1, 2004, the Commission's rules require the service provider to allow the applicant to select the payment method governing the
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- that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Robert J. Wukitsch, Hazelwood School District, to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 96-45, 97-21 (filed Apr. 15, 2003) (Request for Review). 47 C.F.R. 54.501-503. See 47 C.F.R. 54.504; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776, 9003-9023, paras. 426-463 (1997) (Universal Service First Report and Order) (subsequent history omitted); Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806, at 17 (October 2000) (FCC Form 471 Instructions) (stating that applicants may not
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- and Technologies, on behalf of Keyport School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (dated Oct. 26, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries
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- as tariffed telecommunications services, month-to-month Internet access, or any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's website for at least 28 days before the applicant may enter into an agreement for E-rate services. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. After entering into an agreement for eligible services, the applicant files the FCC Form 471 requesting discounts for the eligible services. Requests for Waiver. The Commission has under consideration two requests for waiver. The first request for waiver, filed by Amy Biehl, seeks a waiver of the competitive bidding rules requiring the filing of
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- Waiver or Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). E-rate funding years start July 1 and run through June 30 of the following year. See 47 C.F.R. 54.507(b). 47 C.F.R. 54.501-503. 47 C.F.R. 54.504(b)(2)(iii), 54.504(c)(1)(iv), 54.508. See 47 C.F.R. 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes
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- CC Docket No. 02-6 (filed Mar. 19, 2004) (Request for Review for File No. SLD-125105) (collectively Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See infra paras. 3-4. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form,
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- applications in funding years 1999 through 2008 for discounted services under the schools and libraries universal service mechanism (also known as the E-rate program). Consistent with the Commission's Aberdeen School District Order, and as explained below, we find that, for 18 petitioners that made ministerial or clerical errors on forms that were timely submitted, good cause exists to waive section 54.504(c) of the Commission's rules, which requires E-rate applicants to submit a completed FCC Form 471 to USAC. We also find that, for 12 petitioners, good cause exists to waive section 54.504(b)(4) of the Commission's rules, which states that E-rate applicants must wait 28 days after their FCC Forms 470 are posted to USAC's website, or after public availability of an
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- is entitled. 54.523, requiring applicants to pay their share, prohibiting the provision of rebates, defining rebates to include free services or products. Recover. 11. Equipment not utilized (equipment has been installed but no computers are connected, or that some equipment is still in its original packaging and has not been installed). 54.507(d), setting forth the implementation deadline for non-recurring services. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. Recovery depends on the individual situation. 12. Could not locate equipment. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. 54.516(a), requiring applicants to maintain asset and inventory records of equipment purchased as components of supported internal connections services sufficient to verify the actual
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- Mattey Deputy Chief Wireline Competition Bureau See Request for Review by Illinois State Board of Education (filed Mar. 10, 2004) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). The Illinois BOE does not argue that this exemption applies to its case. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47
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- is applicable to multiple categories: Telecommunications Services Internet Access Internal Connections Basic Maintenance Miscellaneous In addition, the following sections are provided: Special Eligibility Conditions Glossary, providing additional information about the terms used in this Eligible Services List Index Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. All program participants are reminded to review the Special Eligibility Conditions at the end of this Eligible Services List in addition to all of the entries applicable to the services or products
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- or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). For further information, contact James Bachtell, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY (202) 418-0484. - FCC - See 60-Day PRA Notice for Collection 3060-0806, 75 Fed. Reg. 28,806 (May 24, 2010). The current forms expire in December 2010. See 47 C.F.R. 54.504(b). See 47 C.F.R. 54.504(c). See 47 C.F.R. 54.504(b)(2), (c)(1). Section 54.504(c) of the Commission's rules require the application to be ``completed'' when filed. 47 C.F.R. 54.504(c). We understand, however, that the practice has been to allow Item 21 attachments to be filed after the filing window has closed. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W.
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- Ext. Person Fax Number of Authorized Person 27f E-mail Address of Authorized Person Re-enter E-mail Address Check here if this is the e-mail address you want to use for correspondence with USAC. Name of Authorized Person's Employer Entity Number _________________________Applicant's Form Identifier __________________________________ Contact Person ________________________Contact Telephone Number __________________________________ Block 5: Certifications and Signature (Continued) NOTICE: In accordance with Section 54.504 of the Federal Communications Commission's rules, certain schools and libraries ordering services that are eligible for and seeking universal service discounts must file this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator. 47 C.F.R. 54.504(b). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of
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- of the Universal Service Administrative Company (USAC). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of 1934, as amended, 47 U.S.C. 254. The data collected in the Form 470 will be used to ensure that schools, libraries and consortia comply with the Commission's competitive bidding requirement contained in 47 C.F.R. 54.504. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The information collected from this form will be used to determine whether approving this application is in the public interest. If we believe there may be a violation or potential violation
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- participation in the schools and libraries support mechanism. 35 I certify that if any of the Funding Requests on this Form 471 are for discounts for products or services that contain both eligible and ineligible components, that I have allocated the cost of the contract to eligible and ineligible components as required by the Commission's rules at 47 C.F.R. 54.504(g)(1), (2). 36 I certify that this funding request does not constitute a request for internal connections services, except basic maintenance services, in violation of the Commission requirement that eligible entities are not eligible for such support more than twice every five funding years as required by the Commission's rules at 47 C.F.R. 54.506(c). 37 I certify that the non-discount
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- and Libraries Universal Service Services Ordered and Certification Form Estimated Average Burden Hours Per Response: 4 hours Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) CONTENTS Key Information page 1 Notice page 2 Introduction page 3 General Instructions page 3 Window Filing Requirements page 6 Specific Instructions page 7 NOTICE Section 54.504 of the Federal Communications Commission's (FCC's or Commission's) rules requires all schools and libraries ordering services that are eligible for universal service discounts to file this Services Ordered and Certification Form (FCC Form 471) with the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). See 47 C.F.R. 54.504. The collection of information stems from the
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- 02-6 (filed Dec. 30, 2003) (Memorandum). See Federal-State Joint Board on Universal Service, Petition of the Puerto Rico Department of Education to Release Funds Associated with the Schools and Libraries Universal Service Support Mechanism for Years 2001 and 2002, CC Docket No. 02-6, Order, 18 FCC Rcd 25417 (2003) (Puerto Rico Order). 47 C.F.R. 54.501-54.503. See 47 C.F.R. 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. 54.508(a). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15830-31, paras. 65-66 (2004) (Fifth Report and Order). See, e.g., 47 C.F.R. 54.702(g) (requiring USAC to file annually information regarding ``administrative action intended to prevent waste, fraud, and abuse''); Puerto Rico
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- CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26935, para. 57 (2003) (Third Report and Order) (carrying forward unused funds that were projected to be unused in the first quarter of 2004 for use during the remainder of funding year 2003, i.e., through June 30, 2004). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See USAC website, Schools and Libraries Division, Form 471 Receipt Acknowledgement Letter, http://www.usac.org/sl/applicants/step07/receipt-acknowledgement-letter. aspx (last viewed Apr. 30, 2010) (RAL Procedures); see also, e.g., USAC website, Schools and Libraries, Form 471 Receipt Acknowledgement
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- with precedent, and based on our review of the record, we find that Dodge County conducted a fair and open competitive bidding process, that there is no indication in the record that Dodge County benefited from its mistake and, at this time, there is no evidence of waste, fraud and abuse. Therefore, to the extent that Dodge County violated section 54.504(b)(4) of the Commission's rules, we find that good cause exists to waive this rule. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that a waiver
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- Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed July 8, 2010) (Union Request); Letter from Tom Traywick, Senior Compliance Analyst, on behalf of Williamsburg County School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed July 8, 2010) (Williamsburg Request). See 47 C.F.R. 54.513(c). 47 C.F.R. 54.501-54.503. Id. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26923, para. 25 (2003) (Third Report & Order). Id. at 26924, paras. 27-28. Abbeville Request;
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- Clara filed three separate appeals for its FCC Form 471 application submitted in funding year (FY) 2006. See Appendix. For purposes of this order, however, we treat these three separate appeals as one appeal. 47 C.F.R. 54.501-54.503. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004). The FCC Form 471 notifies USAC of the services that have been ordered, the service providers with which the applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. 47
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- FCC 10-175 (rel. Sept. 28, 2010) (Schools and Libraries Sixth Report and Order). Id. at paras. 44-50. For example, a school or library that had developed a detailed, specific plan for such a project but had not started implementation due to lack of funding would be eligible. Schools and Libraries Sixth Report and Order at para. 47; 47 C.F.R. 54.504 (2009). This funding only relates to support for wireless, off-premises connectivity service, and not the purchase of devices or equipment, such as mobile broadband cards, smartphones, or digital textbooks. Schools and Libraries Sixth Report and Order at paras. 46, 50. 4PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand
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- two one-year extensions beyond January 29, 2012. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3, that the request for waiver of 47 C.F.R. 54.504(b) filed by the California State Department of Technology Services IS GRANTED. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Division Chief Telecommunications Access Policy Division . Although DTS expressly seeks waiver of ``the FCC Form 470 requirement'' that
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- For more information, refer to the Schools and Libraries area of the USAC web site at www.usac.org/sl or call the SLD Client Service Bureau at 1-888-203-8100. Page 9 of 9 DRAFT FCC Form 470 October 2010 Entity Number _________________________Applicant's Form Identifier __________________________________ Contact Person ________________________Contact Telephone Number __________________________________ Block 5: Certifications and Signature (Continued) NOTICE: In accordance with Section 54.504 of the Federal Communications Commission's rules, certain schools and libraries ordering services that are eligible for and seeking universal service discounts must file this Description of Services Requested and Certification Form (FCC Form 470) with the Universal Service Administrator. 47 C.F.R. 54.504(b). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of
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- of the Universal Service Administrative Company (USAC). The collection of information stems from the Commission's authority under Section 254 of the Communications Act of 1934, as amended, 47 U.S.C. 254. The data collected in the Form 470 will be used to ensure that schools, libraries and consortia comply with the Commission's competitive bidding requirements contained in 47 C.F.R. 54.504. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The information collected from this form will be used to determine whether approving this application is in the public interest. If we believe there may be a violation or potential violation
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- for acts arising from their participation in the schools and libraries support mechanism. 35 I certify that if any of the Funding Requests on this Form 471 are for discounts for products or services that contain both eligible and ineligible components, that I have allocated the eligible and ineligible components as required by the Commission's rules at 47 C.F.R. 54.504(g)(1), (2). 36 I certify that this funding request does not constitute a request for internal connections services, except basic maintenance services, in violation of the Commission requirement that eligible entities are not eligible for such support more than twice every five funding years as required by the Commission's rules at 47 C.F.R. 54.506(c). 37 I certify that the non-discount
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- last day of the filing window. It is your responsibility to check the SLD web site or contact the SLD Client Service Bureau (CSB) to get the announcement of the filing window dates. See the "In-Window Filing Requirements for Forms 471 Submitted Either on Paper or Online ." Page 1 DRAFT FCC Form 471 Instructions October 2010 NOTICE Section 54.504 of the Federal Communications Commission's (FCC's or Commission's) rules requires all schools and libraries ordering services that are eligible for universal service discounts to file this Services Ordered and Certification Form (FCC Form 471) with the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). See 47 C.F.R. 54.504. The collection of information stems from the
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- years 2005 or 2006. As an initial matter, we grant one petitioner a waiver of our filing deadline for appeals because we find that the petitioner failed to receive actual notice of its denial. Next, consistent with the Commission's Aiken Order and based on our review of the record, we find that good cause exists to justify waivers of section 54.504(d) of the Commission's rules to permit five petitioners to remove the ineligible services that triggered denials of their applications from their funding requests. In addition, consistent with the Commission's Aiken Order and based on our review of the record, we find that good cause exists to direct USAC to treat requests by three petitioners for telecommunications and Internet access (priority
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- grant an appeal filed by the Green Bay Area Public School District (Green Bay) of decisions by the Universal Service Administrative Company (USAC) concerning three applications for discounted services under the E-rate program (more formally known as the schools and libraries universal service program) for funding year 2009. Consistent with precedent, we find that Green Bay did not violate section 54.504(a) of the Commission's rules, which states that E-rate applicants must seek competitive bids for all services eligible for support. Despite Green Bay's failure to correctly indicate on its FCC Forms 470 that it had issued a request for proposal (RFP) for the services at issue, we find that all bidders had access to the same information during Green Bay's competitive
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- initial matter, we find that five appellants warrant waivers of our appeal filing deadline because the appeals involved errors by USAC or an appeal was filed within 60 days of the appellant receiving actual notice. Next, consistent with the Bureau's Archer Public Library Order and based on our review of the record, we find good cause exists to waive sections 54.504(b), 54.504(c), and 54.507(c), as necessary, of the Commission's rules to permit these petitioners to correct ministerial or clerical errors on their original FCC Forms 470 and 471 and other related forms or submissions to USAC. Specifically, we find that the petitioners inadvertently made ministerial or clerical errors while completing their FCC forms, while responding to USAC requests for additional information
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- days from the release date of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that former sections that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d) of the Commission's rules, 47 C.F.R. 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority in sections 0.91,
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- a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it or, if denying the application, provide the applicant with all grounds for denial. See 47 C.F.R. 54.501-54.503. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (Funding Year 2005 FCC Form 471). 47 C.F.R. 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) (2003 FCC Form 486 Instructions); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2007) (2007 FCC Form 486 Instructions) (collectively, FCC Form 486 Instructions). Id. at 5;
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- is resolved expeditiously, we direct USAC to complete its review of the application and issue an award or denial based upon a complete review and analysis no later than 90 calendar days from the release of this order. We find that the facts in this case rise to the level of the ``special circumstances'' necessary for a waiver of section 54.504(b) of the Commission's competitive bidding rules. In this case, we conclude that, because Idaho Falls sought a leased WAN for Internet access service, the service should have been categorized as Internet access rather than telecommunications. As a result, the services that Idaho Falls sought were eligible for funding as Priority 1 services. However, Idaho Falls' failure to categorize this service
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- /OPBaseFont2 10 Tf (Id.) Tj 1 0 0 1 462 224.699 Tm 97 Tz /OPBaseFont1 10 Tf (at 18786, para. 47;) Tj 1 0 0 1 69.35 213.85 Tm 99 Tz (47 C.F.R.) Tj 1 0 0 1 111.8 212.199 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 119 213.85 Tm 97 Tz /OPBaseFont2 10 Tf (54.504) Tj 1 0 0 1 149.25 213.85 Tm 96 Tz /OPBaseFont1 10 Tf (\(2009\).) Tj 1 0 0 1 69.6 192.25 Tm 107 Tz /OPBaseFont2 10 Tf (Id.) Tj 1 0 0 1 70.299 175.199 Tm 92 Tz /OPBaseFont1 10 Tf (') Tj 1 0 0 1 78.45 170.399 Tm 98 Tz /OPBaseFont2 10 Tf (See Wireline Competition Bureau Announces
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- 1 71.75 415 Tm 110 Tz (and libraries universal service support program\).' Consistent with precedent, and based on our review of) Tj 1 0 0 1 71.5 402.299 Tm 109 Tz (the record, we find that 15 petitioners have demonstrated that special circumstances exist to justify limited) Tj 1 0 0 1 71.5 389.599 Tm 110 Tz (waivers of section 54.504\(c\) of the Commission's rules to allow them to amend their original FCC Form) Tj 1 0 0 1 71.5 377.349 Tm 108 Tz (471 applications \(including associated Item 21 attachments\) submitted to USAC.2) Tj 1 0 0 1 437 376.599 Tm 109 Tz (We grant these) Tj 1 0 0 1 71.5 364.349 Tm (requests for waiver and remand the
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- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, 66; Program Management Order, 22 FCC Rcd at 16387, 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- the Commission found that special circumstances warranted waiver, offers the ``same type of special circumstances,'' found here, namely, ``geographic anomalies that would, in combination with overly strict enforcement of a rule, unreasonably deprive a community of needed service.'' (Reply to Opposition at 7). We disagree. In Joint Board, the Commission granted the State of Alaska a limited waiver of Section 54.504(b)(2)(v) of the Rules to allow members of certain remote communities to use excess service obtained with E-rate support when the services were not in use by schools or libraries. In requesting the waiver, State of Alaska cited the high cost of Internet service in Alaska and the remoteness of the communities involved (some reachable only by air or water). Here,
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- a request for proposal (RFP) available providing detail about the requested services. The RFP must be available to all potential bidders for the duration of the bidding process. After the FCC Form 470 is posted to USAC's web site, the applicant must wait 28 days before making commitments with the selected service providers and submitting an FCC Form 471. Section 54.504(a) of our rules also states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' Thus, applicants must have a ``signed contract'' or a ``legally binding agreement'' with the service provider ``for all services'' ordered on the FCC Form 471. Applicants are expected to comply with
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- 0 1 73.2 625.5 Tm 108 Tz (funding that WVDE sought in its service substitution requests was no more than the original amount of E -) Tj 1 0 0 1 72.7 612.75 Tm 110 Tz (rate funding requested, and thus was not technically in violation of) Tj 1 0 0 1 370.3 612.75 Tm 106 Tz /OPBaseFont2 10 Tf (54.504\(d\)\(2\)) Tj 1 0 0 1 428.4 612.75 Tm 111 Tz /OPBaseFont1 10 Tf (of the Commission's) Tj 1 0 0 1 72.7 600.049 Tm 99 Tz (rules.9) Tj 1 0 0 1 105.6 600.299 Tm 110 Tz (We therefore grant WVDE's request for review and remand the application to USAC for further) Tj 1 0 0 1 72.45 587.549 Tm
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- 72.7 160.349 Tm (schools and libraries universal service support program.) Tj 1 0 0 1 72.7 145.25 Tm 53 Tz (2) Tj 1 0 0 1 91.4 140.899 Tm 104 Tz (C.F.R. 54.501-54.503.) Tj 1 0 0 1 78.45 121.25 Tm 98 Tz (47 C.F.R. ) Tj 1 0 0 1 128.15 121.199 Tm 96 Tz /OPBaseFont2 10 Tf (54.504\(c\);) Tj 1 0 0 1 171.8 121 Tm 99 Tz /OPBaseFont1 10 Tf (Instructions for Completing the Universal Service Schools and Libraries Services Ordered) Tj 1 0 0 1 72.95 109.699 Tm 100 Tz (and Certification Form \(FCC Form 471\), 0MB 3060-0806 \(December 2002\) \(FCC Form 471 Instructions\).) Tj 1 0 0 1 73.65 90.25 Tm (' FCC Form 471
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- a separate appeal.) Tj 1 0 0 1 521.75 106.099 Tm 86 Tz /OPBaseFont1 11 Tf (See) Tj 1 0 0 1 64.549 95.549 Tm 89 Tz /OPBaseFont2 11 Tf (appendix.) Tj 1 0 0 1 64.299 78.5 Tm 52 Tz /OPBaseFont0 11 Tf (2) Tj 1 0 0 1 83 73.949 Tm 90 Tz /OPBaseFont2 11 Tf (C.F.R. 54.504 \(2006\)) Tj 1 0 0 1 178.8 73.699 Tm 89 Tz /OPBaseFont1 11 Tf (amended by) Tj 1 0 0 1 229.4 73.699 Tm /OPBaseFont2 11 Tf (47 C.F.R. ) Tj 1 0 0 1 278.85 73.449 Tm 88 Tz /OPBaseFont1 11 Tf (54.503) Tj 1 0 0 1 309.35 73.449 Tm 87 Tz /OPBaseFont2 11 Tf (\(2011\).) Tj ET
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- 71 444.049 Tm 87 Tz (\(2003\).) Tj 1 0 0 1 97.65 426.25 Tm 89 Tz (Form 470.) Tj 1 0 0 1 76.299 404.899 Tm 97 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 118.05 403 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 125.25 404.899 Tm 98 Tz /OPBaseFont1 10 Tf (54.504) Tj 1 0 0 1 155.75 404.899 Tm 97 Tz /OPBaseFont2 10 Tf (\(2011\).) Tj 1 0 0 1 70.549 387.849 Tm 48 Tz /OPBaseFont2 11 Tf (8) Tj 1 0 0 1 92.4 383.299 Tm 89 Tz (FCC Form 471.) Tj 1 0 0 1 133.2 365.799 Tm 100 Tz /OPBaseFont1 10 Tf (Joint Board on Universal Service,) Tj
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- In this order, we use the term ``appeal'' to generically refer to Katy's request for review of USAC's decision. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Request for Review. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of
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- timely appeal with USAC. USAC denied the appeal, stating that the FCC Form 470 contained the name of a service provider, Edline, in the description of requested services, and Queen of Peace had violated the competitive bidding procedures because either it had preselected Edline as the service provider or had the propensity to award it the contract. III. DISCUSSION Section 54.504 of the Commission's rules requires applicants to seek competitive bids for services sought under the E-rate program. Applicants must ensure an open and fair competitive bidding process. In this case, USAC concluded that Queen of Peace violated the competitive bidding process because Queen of Peace's FCC Form 470 contained what it deemed vendor contact information for the same vendor that
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- with the terms of this order. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3, and 54.722(a), section 54.504(c) of the Commission's rules, 47 C.F.R. 54.504(c) IS WAIVED. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 1.3 of the Commission's rules, that
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- appeal filing deadline due to a medical condition of its E-rate staff person. Additionally, consistent with precedent and based on our review of the record, we grant all three petitioners an additional opportunity to provide documentation to USAC to demonstrate that they had the resources necessary to make effective use of the eligible services they requested. We also waive section 54.504(c)(1)(iii) of the Commission's rules to permit the Hartford Public Schools to reduce its funding request to reflect the resources it had available. Accordingly, we grant these appeals and remand the underlying applications to USAC for further action consistent with this order. We direct USAC to give applicants a 30-day opportunity to provide the relevant documentation to demonstrate that they had
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- the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Julie Oerke, Challis Joint School District #181 (dated May 19, 2006) (USAC Appeal Decision). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Apr. 2002). 47 C.F.R. 54.504(b)(4); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Oct. 2003) (Funding Year 2004 FCC Form 471). (last viewed Mar. 3, 2010). A contract including voluntary extensions means that the contract expires at the
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- a SPIN change request with USAC to switch to Oregon Telecommunications, which was a telecommunications carrier. Thus, we grant Ashland the appropriate E-rate discount for the portion of the year that it received telecommunications service from Oregon Telecommunications for FY 2003, but not for any service it received from the ineligible carrier. To the extent necessary, we also waive section 54.504(c) of the Commission's rules, which requires that applications must be complete when filed, to enable these petitioners to correct any SPIN errors on their FCC Forms 471. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3
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- appeal to USAC within a reasonable period of time after receiving actual notice of USAC's adverse decision. Turning to the merits of the appeals, we first grant the appeals of 11 petitioners. Consistent with the Commission's Aberdeen School District Order, and based on our review of the record, we find that, for six petitioners, good cause exists to waive section 54.504(b)(4) of the Commission's rules, which states that E-rate applicants must wait 28 days after their FCC Forms 470 are posted to USAC's website, or after public availability of an applicant's request for proposal (RFP), before entering into an agreement with a service provider for the requested services. All of these petitioners mistakenly signed their contracts or certified their FCC Forms
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- for Review at 1-2; Galena Park Request for Review at 2; Fatima Request for Review at 1; St. Cecilia Request for Review at 1; Lee County Request for Review at 2-3; Florence Request for Review at 3; Benson Request for Review at 1-2; Hmong Request for Review at Attachment 3; Point Pleasant Request for Review at 2. 47 C.F.R. 54.504(b)(2)(vii), 54.511(a). See Whittier ADL (stating that Whittier did not carefully consider the wireless Internet access proposal submitted by Advanced Scientific Applications, Inc.); Letter from USAC, Schools and Libraries Division, to Donald Fitzpatrick, River Rouge Senior High School (dated Oct. 12, 2007) (River Rouge COMAD) (stating that, during post-funding review, River Rouge failed to provide documentation to indicate that it carefully
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- the Commission's rules, 47 C.F.R. 1.102(b)(1), this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau See Letter from Gilbert Becker, Maryland Department of Juvenile Services, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 6, 2006) (Request for Waiver); 47 C.F.R. 54.504(b). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.501-54.502. 47 C.F.R. 54.503. See 47 C.F.R. 54.511(c). 47 C.F.R. 54.503. See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order,
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- services that the applicant seeks to use within that funding year. They may not seek discounts on purchases of services that will not be used until after the end of the funding year for which they are seeking discounts. Furthermore, if the amount requested for ineligible services exceeds 30 percent of the total amount for any individual funding request, section 54.504(d) of the Commission's rules requires USAC to deny the entire funding request. Request for Review. In funding year 2006, Bryan sought discounts on replacement batteries and refresher kits for an uninterruptible power supply (UPS) system. USAC denied eight of Bryan's funding requests (funding request numbers (FRNs) 1404847, 1404852, 1404853, 1404856, 1404860, 1404861, 1404862, and 1404870) as part of application number
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- Letter from Bettie Downs, Bayless Intermediate School, to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed Mar. 28, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504; Letter from USAC, Schools and Libraries Division, to Bettie Downs, Bayless Intermediate School, at 5-6 (dated Feb. 1, 2006) (Bayless Funding Commitment Decision Letter). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. 54.511(c). Bayless does not argue that this exemption
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- pursuant to section 1.103(a) of the Commission's rules, 47 C.F.R. 1.103(a), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina M. Spade Deputy Chief Telecommunications Access Policy Division Federal-State Joint Board on Universal Service, Third Report and Order, CC Docket 96-45, 12 FCC Rcd 22485, 22488-89, para. 6 (1997). 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2010) (FCC Form 471). See (last viewed Jan. 10, 2011). 47 C.F.R. 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. (last viewed Jan. 10, 2011). See Request for Review
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- Tz /OPBaseFont1 10 Tf (CC Docket No. 02-) Tj 1 0 0 1 71 134.899 Tm 99 Tz (6, Fifth Report and Order and Order, 19 FCC Rcd 15808 \(2004\) \(codifying 47 C.F.R.) Tj 1 0 0 1 416.85 133 Tm 72 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 424.3 134.899 Tm 98 Tz /OPBaseFont2 10 Tf (54.504\(b\)\(2\)\(vii\)) Tj 1 0 0 1 494.85 134.899 Tm 96 Tz /OPBaseFont1 10 Tf (and 47) Tj 1 0 0 1 71 123.149 Tm 97 Tz /OPBaseFont2 10 Tf (C.F.R.) Tj 1 0 0 1 100.55 121.5 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 108 123.149 Tm 98 Tz /OPBaseFont2 10 Tf (54.504\(c\)\(1\)\(xi\)\).) Tj 1 0
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- 4033 \(2000\)) Tj 1 0 0 1 231.6 231.649 Tm 100 Tz /OPBaseFont2 10 Tf (Mastermind Order\).) Tj 1 0 0 1 71.25 210.25 Tm 98 Tz /OPBaseFont1 10 Tf (' 47 C.F.R.) Tj 1 0 0 1 121.9 208.6 Tm 71 Tz /OPBaseFont0 10 Tf () Tj 1 0 0 1 134.4 210.25 Tm 97 Tz /OPBaseFont1 10 Tf (54.504\(b\)-\(c\).) Tj 1 0 0 1 195.35 210 Tm 98 Tz /OPBaseFont2 10 Tf (See, e.g., Request for Review of the Decision of the Universal Service Administrator) Tj 1 0 0 1 70.549 198.5 Tm 99 Tz (by Approach Learning and Assessment Center, et al., Schools and Libraries Universal Service Support Mechanism,) Tj 1 0 0 1 70.799 187 Tm /OPBaseFont1
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- their appeals to the Commission, or filed a service change request with USAC, within a reasonable period of time of actual notice of a clerical error or a decision by USAC not to correct the error. Based on our review of the record, we find that 12 petitioners have demonstrated that good cause exists to justify a waiver of section 54.504(a) of the Commission's rules to permit them to correct clerical or ministerial errors. On our own motion, for these petitioners, we also waive section 507(d) of the Commissions rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of
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- Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 8630 (Wireline Comp. Bur. 2008). The requests for review and waiver are listed in the appendix. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c). See 47 C.F.R. 54.504, 54.511 (2002) amended by 47 C.F.R. 54.503, 54.511 (2011). Generally, the Commission's rules may be waived if good cause is shown. 47 C.F.R. 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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- In each decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners listed in appendix A conducted a fair and open competitive bidding process under Commission rules in effect at the time. We find that the petitioners listed in appendix B have demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's rules because either (1) the errors they made on their applications were ministerial or clerical and do not warrant a complete rejection of their applications; or (2) their competitive bidding processes were not compromised by their technical violation of the Commission's competitive bidding requirements. At this time, there is no evidence of waste, fraud and
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- Jersey 424058 2004 Mar. 7, 2006 Vertex Technologies, Inc. (Lenape Regional High School District) Shamong, New Jersey 483421 2005 Jun. 19, 2007 Windber Area School District Windber, Pennsylvania 609497; 686107; 762951 2008; 2009; 2010 Nov. 26, 2008; Aug. 9, 2010 Under the E-rate program, applicants may only seek support for eligible services, products and maintenance. See 47 C.F.R. 54.502, 54.504 and 54.518. See, e.g., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9013, para. 444 (1997), aff'd in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history omitted); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order
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- year 2004. USAC rescinded Oakland's funding on the grounds that the underlying application violated state procurement law and failed to satisfy Commission rules regarding eligible service contracts. In this order, we find that Oakland did not violate state law by entering into agreements preparatory to public works contracts. Consistent with precedent, we also grant Oakland a limited waiver of section 54.504(c) of our rules, which states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' We therefore grant Oakland's appeal and direct USAC to discontinue recovery actions against Oakland consistent with this order. II. BACKGROUND Under the E-rate program, eligible schools, libraries, and consortia that include
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- rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We also find good cause to waive section 54.504(a) of the Commission's rules to allow Marian High School to amend its FCC Form 471 regarding the telephone service it requested. Consistent with precedent, we also waive section 54.720 of the Commission's rules for Van Alstyne Independent School District. We therefore remand the underlying applications listed in the appendix to USAC for further action consistent with this order. To ensure
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. 54.8(a)(6). 47 C.F.R. 54.504, 54.511(c). Id. 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
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- to reduce the school's discount level because it determined that pre-kindergarten students were improperly included in the discount calculation. See Appendix B. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. See 47 C.F.R. 54.719(c). See Appendix A. See 47 C.F.R. 54.504(b)(2)(v) and 47 C.F.R. 54.504(c)(1)(vii); Schools and Libraries Third Report and Order, 18 FCC Rcd at 26923, para. 26. See Appendix B. For the purposes of the universal service programs, Congress defined the term ``elementary and secondary schools'' as meaning ``elementary and secondary schools as defined by the Elementary and Secondary Education Act of 1965.'' 47 U.S.C. 254 (h)(7)(A).
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- section 54.503 of the Commission's rules because it did not make a bona fide request for services by submitting a complete description of the services it was requesting to enable interested service providers to submit bids. We also find that Portales did not have a signed contract in place when it filed its FCC Form 471 in violation of section 54.504 of the Commission's rules. We further find that Portales has not demonstrated that good cause exists to waive the Commission's competitive bidding requirements. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the
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- (filed Mar. 25, 2011) (Request for Review). See e.g., Letter from USAC, Schools and Libraries Division, to Emerson Tripoli, Kings Canyon Unified School District (dated Feb. 9, 2011) (regarding Kings Canyon Funding Year (FY) 2005 FCC Form 471 application number 482378); see also USAC June 4, 2010 Letter at 1-2. See Request for Review at 2-4. See 47 C.F.R. 54.504 (2005); see also Dimmitt Order, 26 FCC Rcd at 15587-88, para 10. See 47 C.F.R. 54.503(d) (2011); see also supra n.1. Consequently, we remind applicants that under our current rules, if they wish to participate in activities such as conferences and trips to view service provider offerings, they should consider doing so at their own expense. Schools and Libraries Sixth
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- and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) order Adopted: May 3, 2012 Released: May 3, 2012 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: In this order, we grant a request from the Onslow County School District (Onslow) and the North Carolina Office of Information Technology Services (ITS) seeking a waiver of section 54.504(a) of the Commission's rules and any applicable Universal Service Administrative Company (USAC) procedural deadlines in order to allow ITS, to revise its FCC Form 471 application under the E-rate program (more formally known as the schools and libraries universal service support program). Specifically, ITS submitted an application on behalf of Onslow as part of the Learning On-The-Go (LOTG) (also known
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- or clerical errors on form 471, which is the form that requests support for eligible services. The errors that the petitioners listed on Appendix B made on their form 471s created the mistaken impression that those petitioners had violated section 54.503(c)(4) of the Commission's rules. For the petitioners listed in Appendix B, we also find good cause to waive Section 54.504(a) of the Commission's rules which requires E-rate applicants to submit a completed FCC Form 471 to USAC. As for the petitioners listed in Appendix C, we find USAC erred in finding them in violation of section 54.503(c) for a variety of reasons. USAC incorrectly changed Milton School District's category of service, making it appear that Milton School District violated the
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- without having to spend an excessive amount of time working with an applicant that for the most part is requesting funding of ineligible services). In 2003, the Commission codified USAC's 30 percent processing procedure. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003); 47 C.F.R. 54.504(d) (2003), amended by 47 C.F.R. 54.504(b) (2011). See Letter from Dr. Wayman B. Shiver, Superintendent, Birmingham City Schools, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Feb. 25, 2004) (regarding funding year (FY) 2002 FCC Form 471 application number 294199, funding request numbers (FRNs) 772747, 755102, and 755104) (Request for Review). In this order,
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- program (more formally known as the schools and libraries universal service support program). In each decision, USAC found that the applicants violated the E-rate program technology plan rules. Based on our review of the record, we find that these petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate program's technology plan rules at sections 54.503, 54.504 and 54.508 of the Commission's rules. We also find that at this time, there is no evidence of waste, fraud or abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause
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- of the Secretary, Federal Communications Commission, CC Docket Nos. 96-45 and 97-21 (filed Dec. 24, 2002) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. 54.719(c) (2001). See 47 C.F.R. 54.502, 54.503 (2001). 47 C.F.R. 54.504(c) (2001); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See FCC Form 471. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471 Instructions) (this is the version of the FCC Form 471 that was in effect
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- further consideration in accordance with the terms of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), that sections 54.503(c)(2)(iii)-(iv), 54.504(a)(1)(iv)-(v), 54.507(d) and 54.720 of the Commission's rules, 47 C.F.R. 54.503(c)(2)(iii)-(iv), 54.504(a)(1)(iv)-(v), 54.507(d) and 54.720 ARE WAIVED for Milburn Public Schools' funding request numbers 1274660 and 1274682 to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254,
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- Schools and Libraries Third Report and Order, which codified USAC's existing procedures regarding service and equipment substitutions. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26929, para. 42 (2003) (Schools and Libraries Third Report and Order). See also 47 C.F.R. 54.504 (f); See, e.g., Requests for Waiver of Decisions of the Universal Service Administrator by State of Louisiana Department of Education, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-412169, et al., CC Docket No. 02-6, Order, 25 FCC Rcd 1664 (Wireline Comp. Bur. 2010) (granting three service substitution requests because the requests sought substitution for services or
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- Technology Directors Association (SETDA), to Marlene Dortch, Office of the Secretary, Federal Communications Commission, CC Docket 02-6 (filed May 9, 2012) (Petition). SETDA describes itself as the principal association of state and territorial educational technology leaders. 47 U.S.C. 254 (h)(1)(B) (noting that discounted services are to be provided to schools and libraries for educational purposes); 47 C.F.R. 54.503(c)(2)(v), 54.504(a)(1)(vii) (requiring applicants to certify that services obtained through discounts from the E-rate program will be used primarily for educational purposes). In the Schools and Libraries Second Report and Order, the Commission amended the definition of ``educational purpose'' to clarify that, in the case of schools, ``educational purposes'' are ``activities that are integral, immediate, and proximate to the education of students.''
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- as added by section 103 of the Telecommunications Act of 1996, Pub. L. No. 104-104, filed an application requesting a Commission determination that it is an exempt telecommunications company. Comments due March 9*; replies due March 16. Contact: Marty Schwimmer at (202) 418-2320. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6; replies due
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- Gallatin River Communications, LLC filed a joint petition for waiver of the definition of "study area" as set forth in Part 36 of the Commission's rules. Comments due: March 22*; replies due April 2. Contact: Adrian Wright at (202) 418-7400, TTY: (202) 418-0484. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6; replies due
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998) (Eighth Order on Reconsideration). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2000) (Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (Form 486 Instructions). 47 U.S.C. 254(h)(5)(A), (6)(A). Hereinafter we will refer collectively to all of the persons specified in the statute as
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- use of Unbundled Network Elements to Provide Exchange Access Service. Revised filing dates. The Commission granted a limited extension of time in the above listed proceeding. Comments due April 5*; replies due April 30. Contact: Jodie Donovan-May or Tom Navin at (202) 418-1580. CC 96-45; PN 03/07/01; DA 01-584 State of Alaska Seeks a Declaratory Ruling and Waiver of Section 54.504(B)(2)(II) of the Commission's Rules. On January 30, 2001, the State of Alaska, on behalf of its rural school districts and libraries, filed a petition for waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires that the services funded by the schools and libraries universal service support program are used solely for educational purposes. Comments due April 6*; replies due
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- universal service fund, and the Commission addressed programmatic concerns raised by our Office of Inspector General. This erratum corrects the following error in the released document: On page 41, in the Appendix B Final Rules section, the first sentence of paragraph 3 should be corrected to read as follows: 3. Part 54, Subpart F is further amended by adding section 54.504(h) to read as follows: (h) Filing of FCC Form 473. FEDERAL COMMUNICATIONS COMMISSION Narda M. Jones Chief, Telecommunications Access Policy Division Wireline Competition Bureau (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission N + , N O P Q R u v (R) "
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- from July 17, 1997 through November 12, 2004) retained, to date, all documents related to the application for, receipt, and delivery of discounted telecommunications and other supported services, to the extent there were such documents, and retained any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism (Sections 54.516 (a) (1) and 54.504 (c) (1) (x) which were effective as of November 12, 2004 and require a five-year retention period for such documents) maintained, to date, asset and inventory records of equipment purchased as components of supported internal connections services sufficient to verify the actual location of such equipment (Section 54.516 (a) which was applicable from March 11, 2004 to November 11, 2004
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- is applicable to multiple categories: Telecommunications Services Internet Access Internal Connections Basic Maintenance Miscellaneous In addition, the following sections are provided: Special Eligibility Conditions Glossary, providing additional information about the terms used in this Eligible Services List Index Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. All program participants are reminded to review the Special Eligibility Conditions at the end of this Eligible Services List in addition to all of the entries applicable to the services or products
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- and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998) (Eighth Order on Reconsideration). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2000) (Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (Form 486 Instructions). 47 U.S.C. 254(h)(5)(A), (6)(A). Hereinafter we will refer collectively to all of the persons specified in the statute as
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- Internet Point-of-Presence in Rural Remote Alaska Villages Where No Local Access Exists and Request for Declaratory Ruling ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: November 29, 2001 Released: December 3, 2001 By the Commission: I. INTRODUCTION 1. In this Order, we grant the State of Alaska (Alaska) a limited waiver of section 54.504(b)(2)(ii) of the Commission's rules, which requires applicants to certify that the services requested will be used solely for educational purposes, subject to the conditions discussed below. We find that good cause exists to allow members of rural remote communities in Alaska, where there is no local or toll-free dial-up Internet access, to use excess service obtained through the universal service
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- COMMISSION Magalie Roman Salas Secretary Letter from Eric Militz, Naperville Community Unit School District 203, to the Federal Communications Commission, filed July 11, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Marty Barnicle, Naperville Community Unit School District 203, dated June 14, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). In addition, an early filing option exists for Funding Year 2001 applicants whose services begin on or before October
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- Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- which begins on July 1, 1999 and ends on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. Similarly, the funding period which begins on July 1, 2000 and ends on June 30, 2001, previously known as Funding Year 3, is now called Funding Year 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). >. The re-opened window closed on March 31, 2000. Id. Letter from Charles Stallard, Henrico County Public Schools, to Federal Communications Commission, filed August 16, 2000 (Request for Review), at 1. FCC Form 470, Henrico County School District, posted December 20, 1999 (Year 3 Form 470). See, e.g., FCC Forms 471, Henrico County School District,
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- during hours when the schools and libraries are open, but remain unused during off-hours when the entities are closed. As a result, due to the non-usage sensitive nature of the services, services that could be used after the operating hours of schools and libraries presently go unused. The State of Alaska recently requested a waiver of the restriction in section 54.504(b)(2)(ii) that requires applicants to certify that the services obtained from the schools and libraries mechanism would be used for solely educational purposes. In many communities in Alaska, services from the schools and libraries program have provided the only means to deliver Internet access to communities in rural remote areas. Specifically, the State of Alaska asked to use the telecommunications and
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- services within the definition of universal service. In implementing these statutory provisions, the Commission concluded that telecommunications services, internet access, and internal connections would be funded. The Commission concluded that schools and libraries ``should have maximum flexibility to purchase the package of services they believe will most effectively meet their communications needs.'' The Commission adopted a requirement, codified in section 54.504(b)(2)(ii) of the rules, that schools and libraries certify that the services obtained through discounts would be used solely for educational purposes. The Commission also adopted a requirement that schools and libraries prepare a technology plan, to be approved by the state, the Administrator, or an independent agency approved by the Commission, to ensure that requests for discounts ``are based on
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- Secretary Request for Immediate Relief by the State of Tennessee to Change its Service Provider for Funding Year 2002 filed April 17, 2003 (Tennessee Petition). 47 C.F.R. 54.502, 54.503. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029, para. 480 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. 54.504. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC
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- Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2002) (FCC Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (September 2002) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (September 2002) (Form 486 Instructions). In addition, an early filing option exists for applicants whose services begin on or before July 1 of the
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- Review by King and Queen). Any person aggrieved by an action taken pursuant to delegated authority may file an application requesting review of that action by the Commission. 47 C.F.R. 1.115(a). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Exchange Carrier Association, Inc., File No. SLD-245592, CC Dockets No. 96-45 and 97-21, Order, DA 02-956 (rel. April 24, 2002) (Division Order); Letter from Curtis Wolfe, Information Technology Department, State of North Dakota, filed on behalf of North Dakota School Net, to Federal Communications Commission, filed October 18, 2001 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). > (Funding Year 4 Minimum Processing Standards). In prior years, this funding period was referred to as Funding Year 4. Funding periods are now described by the year in which the funding period starts. Thus, the funding period which begins on July 1, 2001 and
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- the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-105791, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 18812 (Com. Car. Bur. 2001) (United Talmudical Academy II). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- applications and, if appropriate, issue the requisite funding decision commitment letters and subsequent disbursements pursuant thereto. IT IS FURTHER ORDERED that this Order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary .org/>. 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- carried out without regard to the products and services eligible for discounts, such that the prices of actual services were never compared. We conclude that the type of procurement practiced by each school in these cases violates our competitive bidding rules, because it effectively eliminates competitive bidding for the products and services eligible for discounts under the support mechanism. Section 54.504(a) of the Commission's rules specifically states that ``an eligible school or library shall seek competitive bids . . . for all services eligible for support . . . .'' As the Commission has previously observed: Competitive bidding is the most efficient means for ensuring that eligible schools and libraries are informed about all of the choices available to them. Absent
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- technology plans will be approved by the time that E-rate supported services begin. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Rulemaking, FCC 03-101 at paras 99-100 (rel. April 30, 2003) (Second Order and FNPRM). Universal Service Order, 12 FCC Rcd at 9077, paras. 573-74. 47 C.F.R. 54.504(a). 47 C.F.R. 54.504(b). Universal Service Order, 12 FCC Rcd at 9078, para. 575 (emphasis added). 47 U.S.C. 54.504(b)(2)(vii). An applicant must certify that its technology plan has been ``certified by its state, the Administrator, or an independent entity approved by the Commission.'' Id. Technology plans must establish the connections between the information technology and the professional development strategies,
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- comment on whether to codify the above-described procedures providing for an extension of the deadline to file invoices. Technology Plans. We seek comment on whether the Commission should revise its rules regarding technology plans. To ensure applicants make a bona fide request for services, the Commission requires applicants to undertake a technology assessment before making a request for services. Section 54.504(b)(vii) states that in its FCC Form 470 the applicant must certify that it has a technology plan that has been certified by its state, the Administrator, or an independent entity approved by the Commission. The instructions for FCC Form 470 permit applicants to certify that their technology plan will be approved by the relevant body no later than the time
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- various necessary steps in the application process, and receives the direct benefit of any services rendered. The school or library submits to USAC a completed FCC Form 470, setting forth its technological needs and the services for which it seeks discounts. The school or library is required to comply with the Commission's competitive bidding requirements as set forth in sections 54.504 and 54.511(a) of our rules and related orders. The school or library is the entity that submits FCC Form 471, notifying the Administrator of the services that have been ordered, the service providers with whom it has entered into agreements, and an estimate of the funds needed to cover the discounts to be provided on eligible services. To be sure,
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- amount of funds disbursed to the beneficiary or service provider. We set forth below a number of examples to illustrate the applications of this principle. Competitive Bidding Requirements. We conclude that we should recover the full amount disbursed for any funding requests in which the beneficiary failed to comply with the Commission's competitive bidding requirements as set forth in section 54.504 and 54.511 of our rules and amplified in related Commission orders. For instance, it is appropriate to recover the full amount of funds disbursed for a funding request when the beneficiary signs a contract before the end of the 28-day posting period. Likewise, it is appropriate to recover the full amount disbursed in a situation where the beneficiary failed to
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- para. 47; 47 C.F.R. 54.516(a). See FCC Form 471, Schools and Libraries Universal Service Services Ordered and Certification Form. See id., Item 10(b) at 18. >, Cost Allocation Guidelines for Consortia Comprising Eligible and Ineligible Entities. See First Report and Order, 12 FCC Rcd at 9081-82, para. 580. See 47 C.F.R. 54.501(b), (c), (d). See 47 C.F.R. 54.504; 54.517(b). LN/GW Petition at 4-5 (citing WAN applications using bandwidth on the local cable system and wireless WANs as examples of alternative technologies). Id. at 7. First Report and Order, 12 FCC Rcd at 9009, paras. 436-37. See also 47 U.S.C. 254(h)(2) (Commission shall establish rules to enhance access to advanced telecommunications and information services for schools and libraries).
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- discounted services such as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (``Form 471''), after entering into agreements for eligible services. After receiving the Form 471, USAC assigns a ``funding request number'' to each request for discounted services. USAC reviews the Form 471 and then, if the request is approved, issues funding commitment decision letters advising the applicants
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- at reasonable rates'') (emphasis added). 47 U.S.C. 254(b); see 1997 Universal Service Order, 12 FCC Rcd at 8789, para. 21 and 8793, para. 27. 47 U.S.C. 254(b)(3) (emphasis added). See CTIA v. FCC, 330 F.3d 502, 512 (2003). 1997 Universal Service Order, 12 FCC Rcd at 8861, 8873, 8875, paras. 151-152, 174, and 178. 47 C.F.R. 54.401, 54.504. See 47 C.F.R. 251(c)(4). Forbearance Petition at 5. See 47 C.F.R. 54.405(a) (requiring ETCs to offer Lifeline service). TracFone states that its customers pay in advance for minutes of use, without term contracts or termination fees, other extraneous or pass-through fees, credit checks, or deposits. TracFone also states that its pricing is uniform across its service areas despite
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- hurricane. Accordingly, for the reasons stated above, we find that due to this natural disaster, good cause exists for waiving section 54.506(c) for affected entities and that such waiver is in the public interest. To qualify for this waiver, parties should submit a request describing the damage incurred to the equipment that needs to be replaced. Service substitution requests. Section 54.504(f) of the Commission's rules allows the Administrator to grant a request by an applicant to substitute a service or product for another where the service or product has the same functionality; the substitution does not violate any contract provisions or state or local procurement laws; the substitution does not result in an increase in the percentage of ineligible services or
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- or services may be able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. may contain additional information about eligibility requirements, but those documents are not incorporated by reference into the Eligible Services List. This version of the Eligible Services List is dated October 19, 2006.
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- allowing it to file its LOAs for Funding Years 2005 and 2006 after the certification of its FCC Forms 471. We deny, however, Kan-ed's request to add members to Block 4 of its Funding Year 2006 FCC Form 471 throughout the funding year. USAC denied Kan-ed's entire application because more than 30 percent of its LOAs were deemed incomplete. Section 54.504(d) of the Commission's rules states that, ``[i]f 30 percent or more of a request for discounts made in an FCC Form 471 is for ineligible services, the request shall be denied in its entirety.'' Thus, the 30 percent rule ensures that applicants carefully evaluate the eligibility of the services for which they seek discounts. The 30 percent rule, however, does
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- services such as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (FCC Form 471), after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications
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- Appendix. These Requests for Review were filed pursuant to sections 54.719-54.721 of the Commission's rules. 47 C.F.R. 54.719-54.721. 47 C.F.R. 54.505. If the technology plan has not been approved when the applicant files the Form 470, the applicant must certify that it understands that the technology plan must be approved prior to commencement of service. 47 C.F.R. 54.504(b)(2)(vii). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). See Request for Review of Decisions of the Universal Service Administrator by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33, para. 10 (2000). This form is to request discounts on those services and it contains the discount calculation worksheet and
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. . These documents are not incorporated by reference into the Eligible Services List. This Draft version of the Eligible Services List is dated XXXX XX, 2007. Some eligibility information in this List
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. All program participants are reminded to review the Special Eligibility Conditions at the end of this Eligible Services List in addition to all of the entries applicable to the services or products
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- for all services eligible for support. In accordance with our rules, an applicant must file with USAC an FCC Form 470 requesting services. After the FCC Form 470 is posted to USAC's web site, the applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471. Section 54.504(c) of our rules also states that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted ``upon signing a contract for eligible services.'' Specifically, the instructions for FCC Form 471 state that applicants must have a ``signed contract'' or a ``legally binding agreement'' with the service provider ``for all services'' ordered on the FCC
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- Waiver filed by the Petitioners as listed in the Appendix ARE GRANTED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to section 1.3 of the Commission's rules, 47 C.F.R. 1.3, that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, that the applications associated with the Requests for Review or Waiver
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- to pay their non-discounted share for the services. Specifically, we find that the petitioners either provided sufficient evidence to demonstrate they had the resources to make effective use of the requested eligible services or they should have an additional opportunity to provide the documentation to USAC. For 20 of the 56 petitioners, we find good cause exists to waive section 54.504(c)(1)(iii) of the Commission's rules. Accordingly, we grant all the appeals and remand the underlying applications to USAC for further action consistent with this Order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the Appendix and issue an award or a denial based on a complete review and
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- April 18, 2007 Released: May 8, 2007 By the Commission: I. INTRODUCTION In this Order, we grant 59 appeals of decisions by the Universal Service Administrative Company (USAC) denying petitioners' requests for funding under the schools and libraries universal service support mechanism (also known as the E-rate program). The requests were denied because USAC found that the applicants violated section 54.504(d) of the Commission's rules, which requires USAC to deny a request for E-rate support if 30 percent or more of a request for discounts is for ineligible services. We find that 23 petitioners (Group A Petitioners) provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support and thus the entire application should
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- have minimal effect on the Fund as a whole. Therefore, we remand the appeals to USAC for further consideration consistent with this Order. Group C Petitioners. We agree with USAC that the services sought by both Group C Petitioners were for ineligible entities and thus are ineligible for E-rate support. We clarify, however, that the 30 percent rule in section 54.504(d) is not applicable to requests by ineligible entities. The rule states that, ``[i]f 30 percent or more of a request for discounts made in an FCC Form 471 is for ineligible services, the request shall be denied in its entirety.'' The 30 percent rule does not extend to ineligible entities, and USAC should not apply it that way. Accordingly, for
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- appeals and deny one appeal of decisions by the Universal Service Administrative Company (USAC) concerning applications for discounted services under the schools and libraries universal service mechanism (also known as the E-rate program). As explained below, we find that, for 34 applicants that made ministerial or clerical errors on forms that were timely submitted, good cause exists to waive section 54.504(c) of the Commission's rules, which requires applicants to submit a completed FCC Form 471 to USAC. We also find that, for 28 applicants, good cause exists to waive section 54.504(b)(4) of the Commission's rules, which states that applicants must wait 28 days after their FCC Form 470 is posted to USAC's website or after public availability of an applicant's request
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- Macomb Intermediate School District, to Federal Communications Commission, filed Feb. 24, 2006 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.511. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on
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- requirements added by the bill''). See On-Tech Consulting, Inc. Comments at 3; see also 2008 On-Tech Consulting Inc. Comments at 3 (noting that Congress clearly indicated that content filtering is a necessary part of data distribution for a school or library). See, e.g., 2008 ESL at 11. See Council of the Great City Schools Comments at 5. 47 C.F.R. 54.504(b)(2)(iii)-(iv), 54.508; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9077, para. 572 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. 54.504(b)(2)(iv); 2008 ESL at 3-4; see also Request for Review of the Decision of the Universal Service Administrator by United Talmudical Academy, Federal-State Joint Board on Universal Service, Changes
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. . These documents are not incorporated by reference into the Eligible Services List. This version of the Eligible Services List is dated XXXX XX, 2008. Some eligibility information in this List represents
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- We encourage applicants soliciting bids for interconnected VoIP services to post for the services in both categories to expand the number of service providers that can bid on the services sought. Consistent with USAC's recommendation, we clarify that applicants are not required to prepare a technology plan if they are seeking discounts only for interconnected VoIP. Thus, we amend section 54.504(b) of our rules to make clear that no technology plan is needed if applicants are applying only for interconnected VoIP. We also agree with Funds for Learning that any interconnected VoIP hardware that does not meet the test for Priority 1 services in the Tennessee Order should be considered Priority 2 internal connections and should be ineligible for Priority 1
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- able to receive discounts under the Schools and Libraries Support Mechanism. section that is applicable to multiple categories: In addition, the following sections are provided: , providing additional information about the terms used in this Eligible Services List Funding may be provided only for eligible products or services that will be used for educational purposes. See 47 C.F.R. 54.500(b), 54.504. The conditions for eligibility are described in the specific entries of this Eligible Services List. Services that are not eligible are listed at the end of each category. . These documents are not incorporated by reference into the Eligible Services List. This version of the Eligible Services List is dated December 2, 2009. Some eligibility information in this List represents
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- Order, 12 FCC Rcd at 8789, para. 21 and 8793, para. 27. 47 U.S.C. 254(b)(3) (emphasis added). See CTIA v. FCC, 330 F.3d 502, 512 (D.C. Cir. 2003). 47 U.S.C. 160(a)(1); 47 U.S.C. 214(e). ; Universal Service First Report and Order, 12 FCC Rcd at 8861, 8873, 8875, paras. 151-152, 174, and 178. 47 C.F.R. 54.401, 54.504. See Universal Service First Report and Order, 12 FCC Rcd at 8876, para. 179; 47 C.F.R. 251(c)(4). See Universal Service First Report and Order, 12 FCC Rcd at 8876, para. 179. Virgin Mobile Reply Comments at 5. Forbearance Petition at 8; Virgin Mobile Reply Comments at 3. See 47 C.F.R. 54.405(a) (requiring ETCs to offer Lifeline service). Forbearance
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- the new certification. We seek comment on this tentative conclusion. Other Proposed Rule Revisions We also seek comment on revising certain rules to reflect more accurately existing statutory language regarding the CIPA certifications. First, we propose to revise the rules so that the definitions of elementary and secondary schools are consistent throughout. At this time, rule sections 54.500, 54.501, and 54.504 all contain differently worded definitions of elementary and secondary schools. We propose to define elementary and secondary schools in section 54.500 of the rules, and to revise sections 54.501 and 54.504 to refer to section 54.500 definitions. We seek comment on this proposal. Second, we propose to revise section 54.520(a)(1) to add ``school board'' to the definition of entities that
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- para. 22. Id. at 3390 n.67. Id. at 3391, para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. Id. Id. See TracFone Forbearance Order, 20 FCC Rcd at 15100-01, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18. 47 C.F.R. 54.401, 54.504. See TracFone Forbearance Order, 20 FCC Rcd at 15104-05, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29. See Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392-93, para. 27 (``[W]e do not believe that similar requests will have a detrimental impact on the fund. We note that to the extent any similarly situated prepaid wireless
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- Lifeline support.34 26Id.at 3391, para. 22. 27Id.at 3390 n.67. 28Id.at 3391, para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. 29Id. 30Id. 31SeeTracFone Forbearance Order, 20 FCC Rcd at 1510001, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18. 3247 C.F.R. 54.401, 54.504. 33SeeTracFone Forbearance Order, 20 FCC Rcd at 1510405, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29. 34SeeVirgin Mobile Forbearance Order, 24 FCC Rcd at 339293, para. 27 ("[W]e do not believe that similar requests will have a detrimental impact on the fund. We note that to the extent any similarly situated prepaid wireless reseller seeks
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- applications. In both cases, we grant a waiver for one application and deny it for the other for the reasons articulated in this order. See appendices B, C, and D. See appendices A, B and C. See appendix D; 47 C.F.R. 54.507(c). We also deny in part two requests. See supra n.3. 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. The annual cap on E-rate funds is
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- of prioritization rules beginning at para. 128. See Appendix A, 47 C.F.R. 54.653(b)(1). In comparison, Pilot Program participants are required to submit budgets on line-item network costs worksheets that accompany FCC Forms 465 and 466-A. See 2007 Pilot Program Selection Order, 22 FCC Rcd at 20399, para. 76. See Appendix A, 47 C.F.R. 54.653(b)(2); cf. 47 C.F.R. 54.504(g) (describing mixed eligibility services in the E-Rate program context); see also 2007 Pilot Program Selection Order, 22 FCC Rcd at 20399, para. 76. See Appendix A, 47 C.F.R. 54.653(b). The Commission and USAC may post this information on their respective websites for prospective applicants to review. See Appendix A, 47 C.F.R. 54.654. Health infrastructure program participants would be
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- para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. Id. Id. See TracFone Forbearance Order, 20 FCC Rcd at 15100-01, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. 47 C.F.R. 54.401, 54.504. See TracFone Forbearance Order, 20 FCC Rcd at 15104-05, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. See, e.g., Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392-93, para. 27 (``[W]e do not believe that similar requests will have a detrimental impact on the fund. We
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- 31Id.at 3391, para. 22. Like other certifications, the carrier is required to retain these underlying carrier certifications and provide them to the Commission upon request. 32Id. 33Id. 34SeeTracFone Forbearance Order, 20 FCC Rcd at 1510001, para. 12; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 18; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. 3547 C.F.R. 54.401, 54.504. 36SeeTracFone Forbearance Order, 20 FCC Rcd at 1510405, para. 23; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3393, para. 29; i-wireless Forbearance Order, FCC 10-117, at 6, para. 15. 10516 Federal Communications Commission FCC 10-134 facilities requirement in section 214(e) to allow Head Start, Consumer Cellular, Midwestern, and Line Up to receive Lifeline support.37 16. Continued growth of the
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- patrons."59 As a result, use of services and facilities funded by E-rate for non-educational purposes would not be an eligible use, and schools are required to reduce their funding request by the proportion of the total use of the services and facilities that is ineligible.60 21. In 2001, the Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(v) to allow members of certain remote communities to use excess service obtained with E- (Continued from previous page) 149423, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 18598 (2000) (Brooklyn). As we noted in Brooklyn, we do not intend to disfavor or discourage multiyear or pre-paid contract agreements between service providers and eligible schools and libraries, when the
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- (2005). Id. See TracFone Forbearance Order, 20 FCC Rcd at 15101-02, paras. 15-16; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3390-91, para. 21-23; i-wireless Forbearance Order, 25 FCC Rcd at 8788, para. 12; Global Forbearance Order, 25 FCC Rcd at 10515, para. 12. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. 47 C.F.R. 54.401, 54.504. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. See id. We have imposed the same conditions on other wireless resellers for which we granted forbearance from the facilities requirement. See TracFone Forbearance Order, 20 FCC Rcd at 15103-04, 15105, paras. 18, 25; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392, para. 25; i-wireless Forbearance Order,
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- provide them, as well as documentation of how the carrier obtained the certification, to the Commission upon request.33 19. We disagree with parties that argue that the Commission should condition forbearance on Conexions' compliance with additional obligations, such as complying with state-level 911 and E911 obligations, or that the Commission should withhold forbearance until Conexions describes with 2847 C.F.R. 54.401, 54.504. 29See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. 30See id. 31We have imposed the same conditions on other wireless resellers for which we granted forbearance from the facilities requirement. SeeTracFone Forbearance Order, 20 FCC Rcd at 1510304, 15105, paras. 18, 25; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3392, para. 25; i-wireless Forbearance Order, 25
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver of Sections 54.504(c), ) 54.504(f), 54.507(c), and 54.507(g) of the ) Commission's Rules ) ) State of Louisiana Department of Education ) File Nos. SLD-412169, 422313 Baton Rouge, LA ) ) Recovery School District ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al. ) New Orleans Public Schools ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al.
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- immediate, and proximate to the provision of library services to library patrons.'' As a result, use of services and facilities funded by E-rate for non-educational purposes would not be an eligible use, and schools are required to reduce their funding request by the amount of the ineligible use. In the Alaska Order, the Commission granted a limited waiver of section 54.504(b)(2)(v) of the Commission's rules to the State of Alaska to allow members of certain rural remote communities in Alaska to use excess service obtained through the E-rate program when the services were not in use by Alaskan schools and libraries. In granting this waiver to the State of Alaska, the Commission found that nothing in the Act prohibited it from
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- with its selected service providers. The applicant must consider all submitted bids prior to entering into a contract and price must be the primary factor in selecting the most cost-effective proposal. The Commission's competitive bidding requirements apply in addition to state and local competitive bidding requirements, and are not intended to preempt such state and local requirements. Pursuant to section 54.504(c) of the Commission's rules, an applicant requesting support for eligible products and services must sign a contract for eligible services prior to filing its FCC Form 471. An applicant also must certify on the FCC Form 471 that it has entered into a service contract that complies with state and local contract laws. Tariffed services and certain month-to-month services do
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- public elementary charter school, that provides elementary education, as determined under State law.'' A secondary school is ``a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that the term does not include any education beyond grade 12.'' At this time, Commission rule sections 54.500, 54.501, and 54.504 all contain differently worded references to definitions of elementary and secondary schools. We first note that the existing definition of elementary school in section 54.500(c) tracks the statutory definition of an elementary school. We revise section 54.500(k) to make it consistent with the statute that a secondary school is ``a nonprofit institutional day or residential school, including a public secondary
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- legal fees and an ultimate loss of a foothold in the marketplace, ultimately resulting in loss of competition and consumer choice). California Rural Telephone Companies Ex Parte Letter at 2-3; OPASTCO Ex Parte. See NTCH Forbearance Petition at 5; Cricket Forbearance Petition at 7-9. See NTCH Forbearance Petition at 5; Cricket Forbearance Petition at 7-9; 47 C.F.R. 54.401, 54.407, 54.504. Letter from Patrick M. Rosvall, Counsel for Calaveras Telephone Co., Cal-Ore Telephone Co., Ducor Telephone Co., Foresthill Telephone Co., Happy Valley Telephone Co., Hornitos Telephone Co., Kerman Telephone Co., Pinnacles Telephone Co., The Ponderosa Telephone Co., Sierra Telephone Co., The Siskiyou Telephone Co., Volcano Telephone Co., and Winterhaven Telephone Co., to Marlene H. Dortch, Secretary, FCC, WC Docket No. 09-197,
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- (2005). Id. See TracFone Forbearance Order, 20 FCC Rcd at 15101-02, paras. 15-16; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3390-91, para. 21-23; i-wireless Forbearance Order, 25 FCC Rcd at 8788, para. 12; Global Forbearance Order, 25 FCC Rcd at 10515, para. 12. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15. 47 C.F.R. 54.401, 54.504. See, e.g., i-wireless Forbearance Order, 25 FCC Rcd at 8789, para. 15; PlatinumTel Petition at 7; CAL Communications Petition at 12-13; ReCellular Petition at 14.. See id. Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing an Unified Intercarrier Compensation Regime; Federal-State Joint Board on
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- 74.15 88.799 Tm 93 Tz (See id.) Tj 1 0 0 1 74.15 71.049 Tm (See id.) Tj 1 0 0 1 74.15 53.799 Tm 88 Tz /OPBaseFont1 11 Tf (See 47 C.F.R.) Tj 1 0 0 1 132.7 51.899 Tm 65 Tz /OPBaseFont0 11 Tf () Tj 1 0 0 1 140.15 53.799 Tm 89 Tz /OPBaseFont1 11 Tf (54.504 \(2008\)) Tj 1 0 0 1 199.4 53.799 Tm /OPBaseFont2 11 Tf (amended by) Tj 1 0 0 1 249.8 53.549 Tm /OPBaseFont1 11 Tf (47 C.F.R.) Tj 1 0 0 1 291.8 51.899 Tm 65 Tz /OPBaseFont0 11 Tf () Tj 1 0 0 1 299.25 53.549 Tm 89 Tz /OPBaseFont1 11 Tf (54.503 \(2011\);) Tj 1 0 0
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- and local competitive bidding requirements.) Tj 1 0 0 1 386.15 411.899 Tm 103 Tz /OPBaseFont1 9 Tf (47) Tj 1 0 0 1 398.85 411.849 Tm 107 Tz /OPBaseFont2 9 Tf (C.F.R.) Tj 1 0 0 1 428.4 410.449 Tm 74 Tz /OPBaseFont0 9 Tf () Tj 1 0 0 1 435.35 411.849 Tm 116 Tz /OPBaseFont2 9 Tf (54.504. The) Tj 1 0 0 1 76.549 400.099 Tm 110 Tz (Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts) Tj 1 0 0 1 76.8 388.349 Tm (signed on or before July 10, 1997.) Tj 1 0 0 1 218.4 388.349 Tm 102 Tz /OPBaseFont1 9 Tf (See) Tj 1 0 0 1 234.7
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- record before us, however, it appears that petitioners have been denied support for some eligible basic maintenance services. To the extent necessary, we find that good cause exists to justify waivers of the requirement imposed pursuant to section 54.506(b) that a technical support contract providing for more than basic maintenance services be deemed ineligible for discounts. We also waive section 54.504(d) to permit petitioners to remove ineligible basic maintenance services from their funding requests. Finally, we eliminate the requirement, beginning funding year 2011, that a technical contract that provides for more than basic maintenance services shall be deemed ineligible for discounts. To ensure that the appeals are resolved expeditiously, we direct USAC to complete its review of each underlying application and
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- 1-4, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154, 254, and 403, this order IS ADOPTED. IT IS FURTHER ORDERED, pursuant to section 1.103(a) of the Commission's rules, 47 C.F.R. 1.103(a), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch 47 C.F.R. 54.501-54.503. 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). (last viewed Apr. 12, 2011). See generally Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., Schools and Libraries Universal Service Support Mechanism, File
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- created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.618. 2 Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.619. 6. Section 54.504 is amended by revising the first sentence of paragraph (b)(1), revising paragraph (b)(2)(vii), and revising the first sentence of paragraph (b)(3) to read as follows: * * * * * (b)(1) Schools, libraries, and consortia, including those entities wishing to receive discounts for eligible services under this subpart, shall submit requests for services to the Schools and Libraries Corporation. *
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- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its 8 request for services is posted on a website to make commitments with a selected service provider). For example, a school that uses a courier service to deliver its signed contract on the morning of the first day 9 of a window will be treated the same as
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- or beneficiary involvement in the universal service support mechanisms is necessary to promote the Commission's goals of cost-efficient and neutral administration of universal service support. Although it supports NECA's appointment as 89 Federal Communications Commission FCC 97-253 Ameritech comments at 4. 90 See 47 C.F.R. 1.108. 91 See Universal Service Order at para. 571. See also 47 C.F.R. 54.504(b)(1); (b)(3). 92 16 temporary administrator, Ameritech contends that the Commission should use the experience it gains during this interim period to evaluate whether the permanent universal service administrator need have on its board of directors any representation from the industry or beneficiaries of the fund. 90 IV. DISCUSSION A. Overview 25. In this Order, we direct NECA to create an
- http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. 8. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its request for services is posted on a website to make commitments with a selected service provider). 9. For example, a school that uses a courier service to deliver its signed contract on the morning of the first day of a window will be treated the same as a
- http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
- as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. 54.511(d); see also 47 C.F.R. 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998 and December 31, 1998. 47 C.F.R.
- http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.wp
- Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, FCC 97-253, Report and Order and Second Order on Reconsideration (rel. July 18, 1997) at para. 1 (NECA Order). 5. NECA Order at para. 2. 6. See Chairman Hundt Names Members to Universal Service Boards, News Release (rel. Sept. 9, 1997). 7. 47 C.F.R. 54.504. References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.wp 2. http://www.fcc.gov/formpage.html#470 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_2_ 5. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_3_ 6. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_4_ 7. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_5_ 8. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_6_ 9. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_7_ 10. http://www.fcc.gov/formpage.html#470
- http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp
- service support.[4]^(2) The Corporations will announce the date on which the websites will be operational and the date on which the window filing period will end. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. Federal-State Joint Board on Universal Service, CC Docket 96-45, Third Report and Order, FCC 97-380 (rel. Oct. 14, 1997). 2. 47 C.F.R. 54.504(b), 54.603(b). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_2_
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2882A1.html
- 54.521(f). 10Second Report and Order, 18 FCC Rcd at 9225, 66. 11 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 12See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 13Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 14``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
- http://transition.fcc.gov/eb/Orders/2003/DA-03-4089A1.html
- 54.521(f). 22Second Report and Order, 18 FCC Rcd at 9225, 66. 23 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 24See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 25Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 26``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1424A1.html
- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
- http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
- created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.618. 2 Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to 69.617 that shall administer specified portions of the universal service support mechanisms, as described in 69.619. 6. Section 54.504 is amended by revising the first sentence of paragraph (b)(1), revising paragraph (b)(2)(vii), and revising the first sentence of paragraph (b)(3) to read as follows: * * * * * (b)(1) Schools, libraries, and consortia, including those entities wishing to receive discounts for eligible services under this subpart, shall submit requests for services to the Schools and Libraries Corporation. *
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.wp
- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its 8 request for services is posted on a website to make commitments with a selected service provider). For example, a school that uses a courier service to deliver its signed contract on the morning of the first day 9 of a window will be treated the same as
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
- or beneficiary involvement in the universal service support mechanisms is necessary to promote the Commission's goals of cost-efficient and neutral administration of universal service support. Although it supports NECA's appointment as 89 Federal Communications Commission FCC 97-253 Ameritech comments at 4. 90 See 47 C.F.R. 1.108. 91 See Universal Service Order at para. 571. See also 47 C.F.R. 54.504(b)(1); (b)(3). 92 16 temporary administrator, Ameritech contends that the Commission should use the experience it gains during this interim period to evaluate whether the permanent universal service administrator need have on its board of directors any representation from the industry or beneficiaries of the fund. 90 IV. DISCUSSION A. Overview 25. In this Order, we direct NECA to create an
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
- 1-2; Missouri Res. Ed. Net. at 4; Missouri State Library at 2; Mississippi Council for Ed. Tech. at 2-3; NJ Ratepayer Advocate at 2; New York City Dept. of IT&T at 2; NYSDPS/NYSED at 1; North Dakota PSC at 1; CNMI at 4; RUPRI at 1; South Carolina OIR at 1; Utah Ed. Net. at 1. 8. See 47 C.F.R. 54.504(b)(3), 54.603(b)(3) (requiring an applicant to wait four weeks from the date its request for services is posted on a website to make commitments with a selected service provider). 9. For example, a school that uses a courier service to deliver its signed contract on the morning of the first day of a window will be treated the same as a
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980719.pdf
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 98-719 1 See 47 C.F.R. 54.504(b), (c). 2 47 C.F.R. 54.504(c). 3 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Third Report and Order, FCC 97- 380 (rel. Oct. 14, 1997) (adopting a filing window and directing the Schools and Libraries Corporation to determine the length of the window). See also Schools and Libraries Corporation and Health Care Corporation Adopt Length of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
- as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. 54.511(d); see also 47 C.F.R. 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998 and December 31, 1998. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992037.txt
- to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21, and Eighth Order on Reconsideration in CC Docket No. 96-45, FCC 98-306, 13 FCC Rcd 25058 (1998) (Eighth Reconsideration Order). See 47 C.F.R. 54.504(b)(4). See also 63 F.R. 70563 (Dec. 21, 1998). See MVCSD petition at p. 1. 47 C.F.R. 1.3. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio, 418 F.2d at 1157. Northeast Cellular,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992534.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992534.txt
- authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.722(a), that the appeal filed by Gustine Independent School District, Gustine, Texas, filed June 21, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. 254 (h)(1)(B); 47 C.F.R. 54.502, 504.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1) and (b)(3). 47 C.F.R. 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. 54.504(c). Letter from Dr. Carole Tarwater, Superintendent, Gustine Independent School District to the Schools and Libraries Corporation, dated March 3, 1999. Letter from the Schools and Libraries Division, Universal Service Administrative Company to Dr. Carole Tarwater, dated May 25, 1999 (Administrator's Decision on Appeal).
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.txt
- ORDERED that section 54.507(b)(2), 47 C.F.R. 54.507(b)(2), IS WAIVED for a period of up to 180 days following the date of issuance of a Funding Commitment Letter by the Administrator pursuant to this order. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. 254 (h)(1) (B); 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(2). 47 C.F.R. 54.504(b)(3), (b)(4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(b)(2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5993, para. 22 (1999). See also, 47 C.F.R. 54.507(b)(2). Federal Communications Commission 99-2801 Federal Communications Commission DA 99-2801 0
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992956.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992956.txt
- states that SLD's denial of funding was erroneously based on a list of services provided and a support agreement contract, instead of the cost data New Kensington later submitted to SLD. On appeal, New Kensington asks that it receive discount funding based on this later submitted information. For the reasons set forth below, we deny New Kensington's appeal. Under section 54.504 of the Commission's rules, eligible schools, libraries and consortia must file FCC Forms 470 (``Description of Services Requested and Certification'') and 471 (``Services Ordered and Certification Form'') with the Administrator in order to receive discount funding under the schools and libraries support mechanism. The Commission's rules thus clearly contemplate that these forms constitute the means by which eligible schools, libraries,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.txt
- also reveals that SLD did not post Runnemede's FCC Form 470 to its web site at that time, nor did it notify Runnemede that it was not doing so. The lack of 28 days posting prior to the filing of Runnemede's FCC Form 471 thus resulted from SLD's failure to timely post the FCC Form 470 in accordance with section 54.504(b)(3) of the Commission's rules. In light of the fact that SLD's failure to post Runnemede's FCC Form 470 to its web site resulted in Runnemede's non-compliance with the 28 day posting requirement set forth in 47 C.F.R. 54.504(b)(4), we believe that a waiver of that requirement is warranted. Under these circumstances, we remand Runnemede's application to SLD for reprocessing
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.txt
- date of this Order. For example, when a service provider went out of business, the Administrator permitted the applicant to choose a new service provider, provided that the new service provider had been part of the original competitive bidding process or the applicant chose the new service provider in conformity with the Commission's competitive bidding rules. See 47 C.F.R. 54.504 and 54.511. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 4, 1999, at 2-3 (USAC service provider changes ex parte). Id. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 9, 1999, at 2 (USAC disbursements ex parte). In its letter, USAC explains that, during
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99292.doc
- competition among service providers and ensure that schools and libraries benefited from the competition. The specific competitive bidding rules violated here include the commitment or disbursement of funds for applications that: (i) failed to secure a signed contract prior to filing the FCC Form 471 with USAC indicating which services were ordered under the discount mechanism, as required under section 54.504(c) of the Commission's rules; (ii) failed to seek competitive bids and post service requests on the Administrator's website for 28 days prior to entering into a contract or taking services pursuant to a tariff, as required under sections 54.504(a) and 54.504(b)(4) of the Commission's rules; and (iii) failed to calculate properly the service periods for which applicants were eligible for
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000015.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000015.txt
- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Universal Service Administrative Co., Schools and Libraries Division, to Bill Hunter, Brimfield C.U. School Dist. #309, dated September 17, 1999. Letter from William Hunter, Ed.D., Superintendent/Principal, Brimfield School District #309, to Federal Communications Commission, dated September 24, 1999. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). The February 27, 1998 date referenced by SLD in its September 17, 1998 letter incorporates the 28-day competitive bid waiting period beginning from January 30, 1998 (the date that the Schools and Libraries website became fully operational). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.txt
- Bureau Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Ozarks has attached a copy of the FCC Form 471 it allegedly filed with SLD to its Letter of Appeal. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R. 54.504,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000020.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000020.txt
- behalf of Intermediate Unit #19 Consortium, Archbald, Pennsylvania IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Administrative Co., to Robert Carpenter, Intermediate Unit #19, dated February 25, 1999. The funding commitment decision amount included an automatic extension of monthly costs through June 30, 1999. Letter from John R. Williams, Superintendent of Schools, Scranton City School District, to Schools and Libraries Corporation, dated March
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000105.doc
- filed by Ruidoso Municipal School District, Ruidoso, New Mexico on May 6, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Lawrence E. Strickling Chief, Common Carrier Bureau Letter to the Office of the Secretary, Federal Communications Commission, from Paul Wirth, Director of Instructional Support, Ruidoso Municipal School District, filed May 6, 1999 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Administrative Company, to Paul Wirth, Ruidoso Municipal School District, dated February 18, 1999. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Paul Wirth, Ruidoso Municipal School District, dated April 9, 1999 (Administrator's Decision on Appeal). Administrator's Decision on Appeal at 1. Letter to the Office
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000177.doc
- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Universal Service Administrative Co., Schools and Libraries Division, to Carole Bell, McAllen Independent School District, dated September 16, 1999. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). The February 27, 1998 date referenced by SLD in its September 16, 1999 letter incorporates the 28-day competitive bid waiting period beginning from January 30, 1998 (the date that the Schools and Libraries website became fully operational). 47 C.F.R. 54.511(c), 47 C.F.R. 54.511(d). See Federal-State Joint Board on Universal Service, CC Docket No.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000625.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000625.txt
- 0.91, 0.291, and 54.722(a), that the Letter of Appeal filed on July 2, 1999, by Currituck County Schools, Currituck, North Carolina, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Jesse Stallings, Currituck County Schools, to Federal Communications Commission, filed July 2, 1999 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001045.txt
- 10, 1998 through June 30, 2000. Because it had signed a contract in October 1997, Cochrane was required, as was the case with all schools and libraries entering into contracts between July 10, 1997 and January 30, 1998, to seek competitive bids for all services eligible for support for year 2 of the schools and libraries program. Consistent with sections 54.504 and 54.511(c)(1)(ii) of the Commission's rules, Cochrane filed its FCC Form 470 and left Block 3, Item 10 of the application unchecked, thereby indicating to SLD that its application should be posted on the SLD website. The SLD posted Cochrane's FCC Form 470 on March 1, 1999 and set Cochrane's allowable contract date as March 29, 1999. Cochrane's FCC Form
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001046.txt
- Common Carrier Bureau Letter from Robert F. Holly, Methacton School District, to Secretary, FCC, dated October 22, 1999 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R 54.504(a). See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order, 12 FCC Rcd 8776, 9029, para. 480 (1997) (Universal Service Order), as corrected by Federal State Joint Board on Universal Service, CC Docket 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part and remanded in part, Texas Office of Public Utility Council
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001058.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001058.txt
- issued July 8, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920-23, paras. 6-14 (1998) (Fifth Reconsideration Order). Fifth Reconsideration Order, 13 FCC Rcd at 14920, para. 8. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001517.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001517.txt
- (Letter of Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Evelyn Smaglinski, Ubly Community Schools, issued July 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Evelyn Smaglinski, Ubly Community Schools, issued January 31, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter and Pre-Discount Cost Calculation Worksheet from Evelyn Smaglinski, Ubly Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed March 19, 1999. See Funding Commitment Decision Letter at 5. Letter from Evelyn Smaglinski, Ubly Community Schools, to Schools and Libraries Division, Universal Service Administrative
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001612.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001612.txt
- 0.91, 0.291, and 54.722(a), that the Letter of Appeal filed on April 21, 2000, by Minor High School, Adamsville, Alabama, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Van Phillips, Minor High School, to Federal Communications Commission, filed April 21, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). 47 C.F.R. 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001732.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001732.txt
- (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Letter from Universal Service Administrative Company to David Koch, Metropolitan School District of Pike Township, issued October 12, 1999. Letter of Appeal. Letter of Appeal. >. See Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001819.txt
- Policy Division Common Carrier Bureau Letter from Christina Skowronek, Our Lady of Guadalupe School, to the Federal Communications Commission, filed May 23, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001820.txt
- Policy Division Common Carrier Bureau Letter from L. Michael Smithmier, St. Pius X High School, to Federal Communications Commission, filed March 29, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001821.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001821.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Linda Phifer, Wilmington CUSD #209-U, to the Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001857.doc
- and 54.722(a), that the appeal filed by Huron City School District, Huron, Ohio, on May 24, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Donald Pflieger, Huron City Schools, to the Federal Communications Commission, filed May 24, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001859.doc
- Maple Valley Public School District #4, Tower City, North Dakota, on April 28, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Ron Stahlecker, Maple Valley Public School District #4, to the Federal Communications Commission, filed April 28, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001861.doc
- 0.291, and 54.722(a), that the appeal filed by Wayne Community Schools, Corydon, Iowa, on May, 18, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Mason, Wayne Community Schools, to the Federal Communications Commission, filed May 18, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.txt
- Division, Universal Service Administrative Company, to Ronald K. MacClay, Medford Township Board of Education, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education, dated April 17, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.txt
- Appeal). Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Metuchen School District, dated August 24, 1999 (Funding Commitment Decision Letter); Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald MacClay, Metuchen School District, dated May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.txt
- from Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District 721, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District No. 721, dated April 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.txt
- 47 C.F.R. 54.502, 45.503. See 47 C.F.R. 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. 54.507(g). Request for Waiver, at 15. Request for Waiver, at 15. Request for Waiver, at 15. Request for Waiver, at 16. Request for Waiver, at 1. Runnemede
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Joyce S. Friske, Jenks Public Schools, to Federal Communications Commission, filed May 2, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Suzanne W. Griffin, Richmond County Schools, to Federal Communications Commission, filed May 4, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002049.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002049.txt
- Appeal). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Joe Gann, Franklin County Public Schools, issued January 31, 2000 (SLD Appeal Determination Letter); Letter from Schools and Libraries Division to Joe Gann, Franklin County Public Schools, issued July 8, 1999 (Funding Commitment Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.txt
- Company, to Les Goto, Niu Valley Intermediate School, dated May 4, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated Jul. 8, 1999; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated May 4, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.txt
- School Corporation of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, Request for Review, filed April 28, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Oct. 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Apr. 25, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.txt
- 0.291, and 54.722(a), that the Letter of Appeal filed on February 9, 2000, by Bancroft-Rosalie Community Schools, Bancroft, Nebraska, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Dr. Jon Cerny, Bancroft Rosalie Community Schools, to Federal Communications Commission, filed February 9, 2000 (Letter of Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4). 47 C.F.R. 54.511(a). See Schools and Libraries Universal Service, Services Order and Clarification Form, OMB 3060-0806 (FCC Form 471), Block 5, Item 15; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered, and Certification Form, OMB 3060-0806. Letter of the Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.txt
- of Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002629.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002629.txt
- eligible schools and libraries to seek competitive bids for all services eligible for discounts. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library could change service providers after the school or library has submitted an FCC Form 471 application designating a particular service provider. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider with which the applicant has signed a contract, makes no provision for a change of providers once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form 471 that its service
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002630.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002630.txt
- 2000 (Letter of Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to William Doyle, Anderson School, issued December 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maria A. Espie, Anderson School, issued May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Maria A. Espie, Anderson School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 5, 2000 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Letter of Appeal at 3. Id. Federal-State Joint Board on Universal Service, CC Docket No.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002631.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002631.txt
- (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Winterset Community Schools, Year 2 Form 471 Filing, application no. 135186, filed March 24, 1999 (Winterset Form 471). Winterset Form 471, Block 5. Letter from Mike Weis, Interstate 35 Telephone
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002701.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002701.txt
- seeks discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0
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- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS'
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.txt
- Mattey Deputy Chief, Common Carrier Bureau Letter from Anne B. Spaziani, Sackets Harbor Central School District 56, to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. 54.511(c). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002900.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002900.txt
- an applicant that does not meet the exact criteria outlined in November 2000 Extension Order still qualifies for an extension of the deadline, the applicant may also receive the relief granted in this Order. May 2000 Extension Order, 15 FCC Rcd at 8068, para. 8. See also Tenth Reconsideration Order, 14 FCC Rcd at 5991-94, paras. 17-23; 47 C.F.R 54.504(a). 00-2900 00-2900 b c d c d tm 8 tm
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00100.doc
- funds needed to cover the discounted portion of the price of the eligible services. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library would change service providers after the school or library has submitted an FCC Form 471 application designating a particular service provider. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider with which the applicant has signed a contract, makes no provision for a change of providers once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form 471 that its service
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.txt
- with the Commission's rules. Accordingly, we grant the requests for review and remand those applications to SLD for further processing. Circumstances Do Not Warrant a Waiver of Our Competitive Bidding requirements. IV. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections 54.504, 54.511, 54.719 and 54.722 of the Commission's rules, 47 C.F.R. 54.504, 54.511, 54.719 and 54.722, that the November 24, 1999, December 16, 1999, and January 13, 2000, Letters of Appeal filed by MasterMind Internet Services, Inc., ARE DENIED IN PART and REMANDED IN PART FOR FURTHER PROCESSING TO THE EXTENT PROVIDED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00204.doc
- Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part, and remanded in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated ground), petitions for cert. pending. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Letter of D. Scott Barash, Vice President and General Counsel, Universal Service Administrative Company, to Magalie Roman Salas, Secretary, FCC (filed March 13, 2000) (USAC Letter). USAC Letter at 2. The Administrator states that SLD's online filing capabilities were
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00260.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00260.txt
- Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part, and remanded in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated ground), petitions for cert. pending. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Letter of D. Scott Barash, General Counsel, Universal Service Administrative Company, to Carol Mattey, Deputy Chief, Common Carrier Bureau, dated July 7, 2000 (USAC Letter). USAC Letter at 1. USAC Letter at 1. USAC Letter at 1. USAC
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.txt
- of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.txt
- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.txt
- Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.txt
- Common Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.txt
- 2000 (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.txt
- Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.txt
- Review filed by Yeshiva Ahavas Torah, Brooklyn, New York, filed April 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. 254 (h)(1)(B); 47 C.F.R. 54.502, 504.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1). 47 C.F.R. 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.txt
- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010351.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010351.txt
- See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Chris Wickund, Cheney Public School District No. 360, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to David Sackville-West, Cheney Public Schools, issued April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010352.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010352.txt
- Bureau Letter from Darrell Earwood, Flour Bluff Independent School District, to Federal Communications Commission, filed April 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999. See Letter from Universal Service Administrative Company to Flour Bluff Independent School District, dated October 12, 1999 at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010387.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010387.txt
- the Matter of Request for Review of the Decision of the Universal Service Administrator by Copan Public Schools, Copan Oklahoma, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, 15 FCC Rcd 5498 (2000). (Copan Order). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.txt
- Carrier Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010420.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010420.txt
- Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Shirley P. Whelen, Buffalo & Erie County Public Library, issued April 25, 2000 (Administrator's Decision on Appeal). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010506.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010506.txt
- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010523.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010523.txt
- Appeal). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynn McNeal, Caribou Regional School District, issued May 9, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010524.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010524.txt
- Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Allen J. Curtis, Maine School Administrative District #49, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010525.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010525.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ardoin, St. Landry Parish School District, issued March 31, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Funding Commitment Decision Letter at 5. The "30-percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010585.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010585.txt
- Board, to the Federal Communications Commission, filed November 9, 1999 (November 9, 1999, Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joe Brown, Caddo Parish School District, issued October 12, 1999 (Funding Commitment Decision Letter). See 47 C.F.R. 54.720. See 47 C.F.R. 1.7. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Remote access routers allow access to the Internet from any location by any individual knowing the dial-in telephone number. Access routers, with no remote capabilities, cannot provide dial-in access to the Internet from remote locations. >. See November 9, 1999, Request for Review at 1. Request for Review of the Decision by the Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010586.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010586.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company to Steven Wester, Rockwood School District R 6, issued August 10, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven Wester, Rockwood School District R 6, issued March 22, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010587.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010587.txt
- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued September 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert G. Hamel, Springfield Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 5. Letter from Peter J. Negroni, Springfield Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed October 4, 1999 (SLD Letter of Appeal). See Administrator's Decision on Appeal at 1. See Request for Review. Id. at 2. See id. at 2. >, at 34 (Schools
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010648.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010648.txt
- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed June 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010649.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010649.txt
- Library of Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, filed May 30, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010650.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010650.txt
- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 U.S.C. 254(h); 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470); see 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010652.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010652.txt
- May 11, 2000 (Administrator's Decision on Appeal). The Commission's rules provide that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 CFR 54.419(c). 47 C.F.R. 54.402, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010653.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010653.txt
- (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010655.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010655.txt
- Chief, Common Carrier Bureau Letter from John H. Leaman, Visitation Academy, Bay City, Michigan, to the Federal Communications Commission, filed May 24, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Although the application process involves other preliminary steps, these are not relevant to the instant appeal. See FCC Form 471, Block 5. > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See
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- Letter from Principal Maxwell, South West Adventist Jr. Academy, to Federal Communications Commission, filed August 25, 2000 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). 47 C.F.R. 504(b)(1), (b)(2); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470). 47 C.F.R. 54.504(b). 47 C.F.R. 54.504(b). In addition to a description of the services that the applicant plans to receive, the Form 470 requests that the applicant provide information about the number of students that attend the
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.txt
- We direct SLD to process Audrey Pack's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010776.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010776.txt
- Bureau Letter from Michael T. Bauer, Central Minnesota Computer Center, to Federal Communications Commission, filed October 13, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010777.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010777.txt
- St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010778.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010778.txt
- on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-26231, CC Dockets No. 96-45 and 97-21, 15 FCC Rcd 5498, 1 (rel. 2000) (Copan Order). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010793.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010793.txt
- Letter from Schools and Libraries Division, Universal Service Administrative Company to Bernard DiNatale, Chelmsford Public School District, issued November 16, 1999 (Telecenter Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bernard DiNatale, Chelmsford Public School District, issued May 4, 2000 (Telecenter Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Cellular Service Funding Commitment Decision Letter at 5. See Cellular Service Administrator's Decision on Appeal at 1. >. The Eligible Services List provides guidance from SLD on the eligibility of products and services for which applicants may be seeking funding. See id. Cellular Service Letter of Appeal. See Cellular Service Letter of Appeal.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010794.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010794.txt
- Seifert Deputy Chief, Accounting Policy Division Letter from Monte Nardy, Children's Village Academy, Kinston, North Carolina, to the Federal Communications Commission, filed October 26, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Monte Nardy, Children's Village Academy, issued September 29, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 470 Instructions), OMB Approval No. 3060-0806, at Block 5, Item 23 (September 1999); see also SLD website, . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification (FCC Form 471
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- 9, 2000 (Request for Review). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 45.503. See Schools and Libraries Universal Service, Description of Service Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service First Report and Order), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service First Report and Order in part and reversing and remanding on unrelated grounds),
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010797.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010797.txt
- (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued September 28, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, issued March 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD 113262, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Com. Car. Bur. rel. July
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- and Libraries Division, Universal Service Administrative Company, to Roger E. Whaley, New Albany-Floyd County Consolidated School Corporation, dated August 17, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Roger Whaley, New Albany-Floyd County Consolidated School Corporation, dated May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). Form 471 Instructions at 16. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to the Board of Directors of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010834.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010834.txt
- Policy Division Common Carrier Bureau Letter from Margaret Blake, Mobile County Public School System, to the Federal Communications Commission, filed August 3, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Margaret Blake, Mobile County Public School System, dated July 6, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010853.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010853.txt
- service provider's contract indicated that 3 network servers and 48 lines, to serve 48 client operating systems, would be connected to the proposed network. Laurel Hall clearly sought funding for a much larger network configuration than it could support with the hardware it proposed to obtain during the funding year. That alone, on its face, establishes a violation of section 54.504 of the Commission's rules. Furthermore, Laurel Hall did not explain why it believed that its technology plan provided adequate levels of budgeted funds to obtain necessary resources and to train staff, acquire software, retrofit buildings, and maintain the services, especially for a network the size of the one sought by Laurel Hall. We find no basis upon which to overturn
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- Hawthorne, Esq., on behalf of Mercer County School District, to Federal Communications Commission, filed June 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010855.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010855.txt
- Carrier Bureau Letter from John Fuller, Massachusetts Department of Education, to Federal Communications Commission, filed October 5, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. See Schools and Libraries
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010856.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010856.txt
- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010877.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010877.txt
- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued November 9, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Larry Teixeira, Kerman Unified School District, issued May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Funding Commitment Decision Letter at 4. Letter from Larry Teixeira, Kerman Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. The PIA reviews applications and is responsible for ensuring that the discounts sought by applicants are for eligible services and for eligible uses. See Administrator's Decision
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- Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Elementary School District, issued September 14, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sam Thompson, Delano Union Elementary School District, issued May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471) (December 1998) at 15 (Form 471 Instructions). See SLD web site, ; see Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471 Instructions),
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- Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Doug Joiner, Marion County Public Schools, issued May 3, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See SLD Program Description. See id. Letter from Schools and Libraries Division, Universal Service Administrative Co, to Doug Joiner, Marion County School District, dated June 18, 1999, at 2 (RAL). RAL at 2. RAL
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- Common Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service
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- Bureau Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999)
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- Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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- the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.402, 54.503. 47 C.F.R. 54.507(d). 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to SLD). Appeal to SLD
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- that the July 25, 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- Waiver Request filed by Homer Community Consolidated School District 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division,
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- 54.722(a), that the Waiver Request filed by Immaculate Conception School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision
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- Division 1Letter of Appeal from Nathaniel Hawthorne, Attorney for Wetzel County School District, to the Federal Communications Commission, filed May 15, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Wetzel County School District, issued May 5, 2000 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 45.503. 4 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1998) (Form 470 Instructions). FCC Form 471, Wetzel County Public School District, filed January 18, 2000 (Wetzel Form 471), at 3. Id. See Funding Commitment Decision Letter at 6. See Request for Review at
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- COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from Nathaniel Hawthorne, Attorney for Richland School District, to Federal Communications Commission, filed August 17, 2000 (Request for Review). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Richland School District, issued July 18, 2000 (Notification Letter). 47 C.F.R. 54.502, 45.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Richland School District, filed March 29, 2000. See Notification Letter at 1. USCN is the Universal Service Control Number. See Request for Review at 2. (continued....) Federal Communications Commission DA 01-1202 Federal Communications Commission DA 01-1202 @ @& 0 0 0 0 0 0
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- COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Patricia Linville, Seward Community Library, to Federal Communications Commission, filed June 30, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Linville, Seward Community Library, dated June 20, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
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- and 54.722(a), that the Waiver Request filed by Danbury Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
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- 1.3, and 54.722(a), that the Waiver Request filed by Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011328.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011328.txt
- Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Beverly Knox-Pipes, Genesee Intermediate School District, Flint, Michigan, dated July 7, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, Genesee Intermediate School District, filed April 5, 1999 (Form 471). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Form 471 Instructions). The information attached to describe the funding requests in items 15 and 16 is listed in Attachment 17 to FCC Form 471. Letter from Schools
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- Waiver Request filed by Holland-Alexandria Free Public Library, Milford, New Jersey, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sylvia Gidwani, Holland-Alexandria Free Public Library, Milford New Jersey, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. FCC Form 471, Holland-Alexandria Free Public Library, filed January 27, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Gidwani, Holland-Alexandria Free Public Library, dated June 20, 2000 (Administrator's Decision on Appeal); see also Letter from Schools and
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- 0.91. 0.291, and 54.722(a), that the Waiver Request filed by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to
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- from Diane McCord, Madison District Schools, to Federal Communications Commission, filed February 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.507(g)(1)(iii); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- and Libraries Division, Universal Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45,
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- filed March 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon, dated April 28, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon and Heidi McDuffie, dated February 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- that the Waiver Request filed by Flint Memorial Library, North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing
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- Mattey, Deputy Chief Common Carrier Bureau Letter from Bruce Watson, Fair Lawn Board of Education, to Federal Communications Commission, filed June 22, 2000 (Request for Waiver); see also Letter from Bruce Watson, Fair Lawn Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, dated February 22, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed November 19, 1999 (November Form 471). Funding Year 2 FCC Form 471, Fair Lawn Board of Education, filed December 10, 1999 (December Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3
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- Bureau Letter from Dean G. Wilt, Altoona Area School District, to Federal Communications Commission, filed February 7, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R 54.504(a). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming
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- Inc., Staten Island, New York on January 24, 2000 and March 16, 2000, ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letters from John Angelides, Connect2 Internet Networks, Inc., to Federal Communications Commission, filed January 24, 2000 and March 16, 2000 (Requests for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011509.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011509.txt
- Chief, Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd
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- the Waiver Request filed by Marshall County Board of Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Letter from Karen Aeppli, Santa Ana Unified School District, to Federal Communications Commission, filed March 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. >. 47 C.F.R. 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Request for Review by Metropolitan School District of Pike Township, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-120821, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 13891, para.
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- Waiver Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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- (Consolidated Appeal); see also Letter from Benajmin Aron to Mark Seifert and Andy Firth, Federal Communications Commission, filed March 6, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3). 47 C.F.R. 54.504(c). Federal-State Joint Board on Universal Service, Order on Reconsideration, CC Docket No. 96-45, 12 FCC Rcd. 10095, 10098, at para. 9 (1997). See letter of SLD to Consolidated Schools (``Further Explanation of Administrator's Funding Decision''), dated October 13, 2000, at 1 (Explanatory Letter). Explanatory Letter at 1.
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- schools and libraries to seek competitive bids for all services eligible for discounts. In adopting rules governing the application and competitive bidding processes, the Commission did not address the situation in which a school or library could change service providers or services after the school or library has submitted an FCC Form 471 application designating a particular service. Indeed, section 54.504(c), which makes commitments of support contingent upon the applicant's filing of an FCC Form 471 identifying the service provider and services with which the applicant has signed a contract, makes no provision for a change of providers or services once a commitment of support has been made. To avoid penalizing an applicant that discovers only after filing its FCC Form
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- 470 (FCC Form 470). The Schools and Libraries Division of the Universal Service Administrative Company (SLD or USAC) posted Saint Jo's FCC Form 470 to its web site on December 28, 1999. Because SLD failed to timely post Saint Jo's FCC Form 470, Saint Jo was unable to comply with the competitive bidding rules set for in 47 C.F.R. 54.504(b)(4). Subsequently, SLD denied Saint Jo's FCC Form 471 application on October 13, 2000 as a violation of the competitive bidding rules. On April 25, 2001, USAC filed a letter with the Commission relating the above facts and urging the Commission to grant Saint Jo's waiver request consistent with the Commission's decision in Runnemede Public Schools. Because the delay in posting
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- Accounting Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). 47 C.F.R. 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806
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- 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). See also 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011825.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011825.txt
- seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michael J. Palladino, ACCEPT Educational Collaborative, dated October 29, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- Common Carrier Bureau Letter from Gary Marks, Bloomfield Community Schools, to Federal Communications Commission, filed February 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 15. See SLD web site, ; see Form 471 Instructions. See Request for Review of the Decision of the Universal Service Administrative Company
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011881.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011881.txt
- Accounting Policy Division Common Carrier Bureau Letter from Rita Simpson, Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998)
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011898.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011898.txt
- Accounting Policy Division Common Carrier Bureau Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011936.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011936.txt
- COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Nathaniel Hawthorne, Esq., on behalf of Cleveland Municipal School District, Cleveland Ohio, to Federal Communications Commission, filed November 13, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.txt
- filed by Mater Dei High School, New Monmouth, New Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011974.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011974.txt
- Schools, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bob Liles, Pinellas County Schools, dated May 16, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011975.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011975.txt
- Town County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.txt
- extent provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). Id. 47 C.F.R. 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011980.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011980.txt
- Bureau Letter from Milt Dougherty, Little River Unified School District, to Federal Communications Commission, filed January 29, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011981.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011981.txt
- Accounting Policy Division Common Carrier Bureau Letter from David H. Kimball, Brockton Public Schools, to the Federal Communications Commission, filed May 22, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.txt
- Waiver Request filed by New Paltz Central School District, New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.txt
- and 54.722(a), that the Waiver Request filed by Painesville City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012018.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012018.txt
- Carrier Bureau Letter from John Sartin, Richland Parish School District, to Federal Communications Commission, filed May 10, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), 54.504(b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.504 et seq. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (September 1999), at 18 (FCC Form 471 Instructions). FCC Form 471 Instructions at 23. See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.txt
- 54.722(a), that the Waiver Request filed by St. Ignatius Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.txt
- that the Waiver Request filed by the Stephen/Argyle Central School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late).
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- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. 54.504(b)(4). See FCC Form
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- FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c); 47 C.F.R. 54.504(b)(3) and (4); 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. 54.504(b)(4).
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- 1.3, and 54.722(a), that the Waiver Request filed by the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012024.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012024.txt
- 54.722(a), that the Waiver Request filed by the Ballard Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >>. 47 C.F.R. 54.504(b)(3) and (4); 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.txt
- 54.722(a), that the Waiver Request filed by the Elgin Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on
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- from Denise Hoek, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, to Federal Communications Commission, filed April 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(a). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 480 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.txt
- 0.291, 1.3, and 54.722(a), that the Waiver Request filed by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been
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- provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, issued July 7, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sally Vanhemelryck, Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee
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- 0.291, and 54.722(a), that the Requests for Review filed by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED
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- the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bette M. Swilley, dated October 26, 1999 (Funding Commitment Decision Letter). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
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- 16, 1999 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012087.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012087.txt
- 16 FCC Rcd 3931 (Com. Car. Bur. 2000) (extending timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. 1.3. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.txt
- Chief, Common Carrier Bureau Petition for Reconsideration of Charlotte County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.txt
- and 54.722(a), that the Waiver Request filed by the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
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- Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471),
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.txt
- 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated March 9, 2000 (SLD Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Cook, Clackamas Education Service District, dated September 15, 2000 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). FCC Form 471, OMB No. 3060-0806, at Block 6 Item 25 and Block 6, Item 33 (September 1999); see also SLD website, . 47 U.S.C. 254(h)(1)(B). Id.; see also 47 C.F.R. 54.504(b)(2). See 47 C.F.R. 54.702(h) (requiring that the Administrator's annual report to the Commission detail the Administrator's ``administrative action intended
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.txt
- Bureau Letter from David Martell, Haslett Public Schools, Haslett, Michigan, to Federal Communications Commission, filed February 28, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions)(September 1999), at p. 2-3. >. 47 C.F.R. 54.511(c). 47 C.F.R. 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.txt
- and 54.722(a), that the Request for Waiver filed by Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma,
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- taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(c). See 47 C.F.R. 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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- Federal Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.txt
- that the Waiver Request filed by Bear Lake County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. 54.507(c).
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012330.txt
- direct SLD to process West Las Vegas's FCC Form 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000.
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- for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. 54.502, 54.503. Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012332.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012332.txt
- and 54.722(a), that the Waiver Request filed by the Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012333.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012333.txt
- the Waiver Request filed by the Montville Township Public Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3) and (4); 54.511. 47 C.F.R. 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Montville Township Public Schools, filed January
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- G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year
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- G. Seifert, Deputy Chief Accounting Policy Division Common Carrier Bureau Letter from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504 (b)(1), (b)(3). 47 C.F.R. 54.504(c). Id. 47 C.F.R. 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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- the extent provide herein, and Lettie Jensen's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(b)(1), (b)(3). 47 C.F.R. 54.504(b)(3), (4); 54.511. 47 C.F.R. 54.504(c). 47 C.F.R. 54.507(c). 47 C.F.R. 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. 54.504(b)(3), (4); 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal
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- COMMISSION Magalie Roman Salas Secretary Letter from Eric Militz, Naperville Community Unit School District 203, to the Federal Communications Commission, filed July 11, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Marty Barnicle, Naperville Community Unit School District 203, dated June 14, 2000 (Administrator's Decision). 47 C.F.R. 54.502, 54.503. 47 C.F.R. 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471) (attached as Appendix A). On the FCC Form 471, the applicant records data used by SLD to evaluate the eligibility for discounts of the services received and the entities receiving them, as well as to determine the applicant's priority to receive a discount for
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.txt
- and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998) (Eighth Order on Reconsideration). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). 47 C.F.R. 54.504(c). Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2000) (Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (April 2000) (Form 486 Instructions). 47 U.S.C. 254(h)(5)(A), (6)(A). Hereinafter we will refer collectively to all of the persons specified in the statute as
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.wp
- Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, FCC 97-253, Report and Order and Second Order on Reconsideration (rel. July 18, 1997) at para. 1 (NECA Order). 5. NECA Order at para. 2. 6. See Chairman Hundt Names Members to Universal Service Boards, News Release (rel. Sept. 9, 1997). 7. 47 C.F.R. 54.504. References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.wp 2. http://www.fcc.gov/formpage.html#470 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_2_ 5. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_3_ 6. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_4_ 7. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_5_ 8. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_6_ 9. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972152.html#N_7_ 10. http://www.fcc.gov/formpage.html#470
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- service support.[4]^(2) The Corporations will announce the date on which the websites will be operational and the date on which the window filing period will end. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. Federal-State Joint Board on Universal Service, CC Docket 96-45, Third Report and Order, FCC 97-380 (rel. Oct. 14, 1997). 2. 47 C.F.R. 54.504(b), 54.603(b). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html#N_2_
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980580.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980580.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980580.wp
- 47 C.F.R. 36.612. 37 Universal Service Order, 424-607. See 47 U.S.C. 254(h). 38 The Commission directed NECA to create an unaffiliated corporation, the Schools and Libraries Corporation, to administer specific aspects of the universal service support mechanism for schools and libraries. See Universal Service Second Order on Reconsideration, 57 et seq. See also 47 C.F.R. 54.504. 11 include the data on high cost support in the winter Monitoring Report. Under the Commission's rules, companies are also permitted to update their high cost assistance data on a quarterly basis.36 We direct the administrator to forward those updates to the Commission on a quarterly basis, so that they may be included in the following edition of the Monitoring
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001194.doc
- Reconsideration, filed April 14, 2000 (USAC Petition). Request for Review of the Decision of the Universal Service Administrator by Copan Public Schools, Copan, Oklahoma; Federal-State Joint Board on Universal Service; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-26231, CC Docket Nos. 96-45, 97-21, Order, FCC 00-100 (March 16, 2000) (Copan Order). Section 54.504(c) of the Commission's rules makes commitments of support to eligible schools and libraries contingent upon the applicant's filing of an FCC Form 471 identifying the service provider with which the applicant has entered into an agreement. Each service provider has a unique SPIN number. Consequently, if an applicant desires to change service providers, it must report the proposed change to
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010307.html
- 20554 Vol. 20 No. 47 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 March 7, 2001 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: TEL-00363S Released: 03/07/2001. STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING. CCB [1]DOC-210825A1.pdf [2]DOC-210825A1.txt Released: 03/07/2001. STATE OF ALASKA SEEKS A DECLARATORY RULING AND WAIVER OF SECTION 54.504(B)(2)(II) OF THE COMMISSION'S RULES. (DA No. 01-584). (Dkt No 96-45). Comments Due: 04/06/2001. Reply Comments Due: 05/07/2001. CCB. Contact: Adrian Wright 202-418-0854 [3]DA-01-584A1.pdf [4]DA-01-584A1.doc [5]DA-01-584A1.txt Released: 03/07/2001. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. CIB [6]DOC-210821A1.pdf [7]DOC-210821A1.txt Report No: 44936 Released: 03/07/2001. BROADCAST ACTIONS. MMB [8]DOC-210820A1.pdf [9]DOC-210820A1.txt [10]DOC-210820A1.txt Report No: 24936 Released: 03/07/2001. BROADCAST APPLICATIONS. MMB [11]DOC-210819A1.pdf [12]DOC-210819A1.txt [13]DOC-210819A1.txt Report No: 298
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2001archive.html
- Libraries 2001 Headlines [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]WCB > [13]TAPD > [14]Universal Service > [15]Schools and Libraries > Headline Archives 2001 Archives [16]WCB site map Search the FCC: _______________ Submit [17]Help | [18]Advanced | [19]Share Universal Service for Schools and Libraries 2001 Headlines * Order. The Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(ii) of the Commission's rules ( Dkt No. 96-45, FCC 01-350) [20]Text | [21]Word 12/3/01 * Public Notice. The Common Carrier Bureau released a Public Notice that announces the release of revised Schools and Libraries forms (479 & 486) containing Children's Internet Protection Act Certifications (Dkt No 96-45) DA 01-1713 [22]Text | [23]Word 7/19/01 * Order. The Commission released the attached
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2006archive.html
- and Libraries 2006 Headlines Release Date Description FCC/DA# 12/12/06 Dallas Independent School District: In this Order, the Wireline Competition Bureau (Bureau) grants a request for review by Dallas Independent School District (Dallas) of a decision by USAC denying an application for discounted services for Funding Year 2004 under the E-rate program. The Bureau finds that Dallas did not violate section 54.504(c) of the Commissions rules, which states that an applicant for schools and libraries funding must have a legally binding agreement in place when it submits its FCC Form 471. Accordingly, the Bureau remands the appeal to USAC for action consistent with this Order. Released on December 12, 2006. CC Docket No. 02-6. (DA 06-2500) DA 06-2500 [20]Word | [21]Acrobat 12/4/06
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
- holds that the Commissions 30 percent rule is not applicable to the petitioners applications. Released on May 8, 2007. CC Docket No. 02-6. (FCC 07-62) FCC 07-62 [57]Word | [58]Acrobat 5/8/07 Aiken County Public Schools: In this Order, the Commission grants 59 appeals of decisions by USAC denying petitioners requests for funding under the E-rate program because applicants violated section 54.504(d) of the Commissions rules, which requires USAC to deny a request for E-rate support if 30 percent or more of a request for discounts is for ineligible services. The Commission finds that 23 petitioners provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support. For the remaining 36 petitioners, the Commission finds
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2008archive.html
- of USAC decisions denying funding to the petitioners due to certain clerical or ministerial errors in completing their FCC Forms 471 or the associated Item 21 attachments under the E-rate program. The Division finds that the issues raised here are similar to those addressed by the Commission in the Bishop Perry Order. To the extent necessary, the Division waives section 54.504(c) of its rules to allow the petitioners to amend their original applications and associated Item 21 attachments submitted to USAC. DA 08-2381 [34]Word | [35]Acrobat 10/30/08 Barberton City School District, Barberton, Ohio, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 18 requests by schools and libraries for review of USAC decisions denying applications or rescinding funding
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- 54.521(f). 10Second Report and Order, 18 FCC Rcd at 9225, 66. 11 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 12See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 13Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 14``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
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- 54.521(f). 22Second Report and Order, 18 FCC Rcd at 9225, 66. 23 See United States v. Maynard, Criminal Docket No. 1:03cr5325, Docket Proceedings (E.D.Cal. filed August 26, 2003). 24See Maynard Felony Information at 3; Maynard Plea Agreement at 6-7. The conspiracy violated the Commission's competitive bid requirements for telecommunications services supported by the schools and libraries E-Rate program. 47 C.F.R. 54.504. 25Second Report and Order, 18 FCC Rcd at 9226, 70; 47 C.F.R. 54.521(e)(2)(i). 26``Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising
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- (d), (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an
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- (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to
- http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.pdf
- find that the competitive bidding process in the instant matter violated the letter, spirit and intent of the Commission's competitive bidding requirements. Although compliance with any applicable state and local procurement laws is one of the minimum requirements for selecting services under the E-rate program, there are also certain specific Commission requirements with which all E-rate applicants must comply. Section 54.504(a) of the Commission's rules specifically states that the Commission's ``competitive bid requirements apply in addition to state and local competitive bidding requirements.'' While Send Technologies points out that the Investigative Audit Report determined that the Union Parish employee's 15 percent interest in Send Technologies did not by itself violate Louisiana state law, Send Technologies fails to make mention of other
- http://www.fcc.gov/fcc-bin/audio/DA-11-1492A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1492A1.pdf
- the Commission found that special circumstances warranted waiver, offers the ``same type of special circumstances,'' found here, namely, ``geographic anomalies that would, in combination with overly strict enforcement of a rule, unreasonably deprive a community of needed service.'' (Reply to Opposition at 7). We disagree. In Joint Board, the Commission granted the State of Alaska a limited waiver of Section 54.504(b)(2)(v) of the Rules to allow members of certain remote communities to use excess service obtained with E-rate support when the services were not in use by schools or libraries. In requesting the waiver, State of Alaska cited the high cost of Internet service in Alaska and the remoteness of the communities involved (some reachable only by air or water). Here,
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- sufficient evidence justifying further review by USAC. For the remaining two petitioners, the Commission holds that the Commissions 30 percent rule is not applicable to the petitioners applications. 5/8/07. [262]Word | [263]Acrobat| [264]Text 5/8/07 Order: In this Order, the Commission grants 59 appeals of decisions by USAC denying petitioners requests for funding under the E-rate program because applicants violated section 54.504(d) of the Commissions rules, which requires USAC to deny a request for E-rate support if 30 percent or more of a request for discounts is for ineligible services. The Commission finds that 23 petitioners provided sufficient evidence to demonstrate that at least 70 percent of the requested services are eligible for support. For the remaining 36 petitioners, the Commission finds
- http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2008archive.html
- March 10, 2008 and reply comments on or before March 24, 2008. Public Notice: [361]Word | [362]Acrobat 2/8/08 Order: In this Order, the Wireline Competition Bureau grants an appeal filed by Franklin-McKinley School District (Franklin-McKinley) for review of a decision by USAC that rescinded funding already committed for Funding Year 2005. The Bureau grants Franklin-McKinley a limited waiver of section 54.504(c) of our rules, which requires that the FCC Form 471 requesting support for the services ordered by the applicant shall be submitted "upon signing a contract for eligible services." Consistent with the Adams County Order, the Bureau finds that Franklin-McKinley had a legally binding agreement with its service provider and, although it missed the deadline, it eventually had a signed
- http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
- the schools and libraries support mechanism. The Bureau remands the underlying applications to USAC for further action consistent with the Bishop Perry Order. DA 07-1180 DA 07-1180 [69]Word | [70]Acrobat 3/9/07 Kentucky Department of Education, Frankfort, Kentucky: In this Order, the Wireline Competition Bureau (Bureau) grants the petition of the Kentucky Department of Education (Kentucky) seeking a waiver of section 54.504(c) of the Commission's rules to enable Kentucky schools to use state master contracts to apply for universal service support under the schools and libraries support mechanism for Funding Year 2005 and future funding years. DA 07-1177 DA 07-1177 [71]Word | [72]Acrobat CAPTION: 2006 Decisions Release Date Description FCC/DA# 12/12/06 Dallas Independent School District, Dallas, Texas: In this Order, the Wireline
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- or waiver either to the Commission or to USAC within 60 days as required by the Commission's rules. DA 12-711 Order: [91]Word | [92]Acrobat 5/3/12 Onslow County School District, Jacksonville, NC: In this order, the Bureau grants a request from the Onslow County School District and the North Carolina Office of Information Technology Services (ITS) seeking a waiver of section 54.504(a) of the Commissions rules and any applicable USAC procedural deadlines in order to allow the current billed entity, ITS, to revise its FCC Form 471 application under the E-rate program as part of the LOTG pilot program. DA 12-693 Order: [93]Word | [94]Acrobat 5/3/12 Public Works Commission of Fayetteville, et al, Fayetteville, NC: This order addresses 10 appeals concerning denials
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- on Telenational Communications, Inc. petition for waiver of section 54.314(a) of the Commission's, WC Docket No. 08-71(filed April 2, 2012); 47 C.F.R. 54.314 (a). [175]Word|[176]PDF 5/3/2012 Onslow County School District Order: In this order, the Bureau grants a request from the Onslow County School District and the North Carolina Office of Information Technology Services (ITS) seeking a waiver of section 54.504(a) of the Commissions rules and any applicable USAC procedural deadlines in order to allow the current billed entity, ITS, to revise its FCC Form 471 application under the E-rate program as part of the LOTG pilot program. [177]Word|[178]PDF 5/3/2012 Public Works Commission of Fayetteville Order: This order addresses 10 appeals concerning denials of E-rate program support for violations of the