FCC Web Documents citing 54.505

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf
  • (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 an employee of an
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  • 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 funding year. See 47 C.F.R. � 54.507(a). Fifth Order on Reconsideration, 13 FCC Rcd at 14938, para. 36. 47 C.F.R. � 54.507(g)(1)(iii). 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). FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, at 2. FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, Attachment; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Jean-Pierre, Baltimore Junior Academy, dated March 23, 2001 (Administrator's Decision
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its student eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the 90 percent discount level, then for 89 percent, 88 percent, and so on. Changes to the Board of Directors of the
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  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Fort Wayne Community School District, dated June 23, 2000. See, e.g., Request for Review at Attachment B. Id. Request of Review at 1-2. Request for Review at 3. See FCC Form 471, Fort Wayne Community School District, filed Jan. 18, 2000. See Request for Review by Bonner
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  • and Libraries Division, Universal Service Administrative Company, to Nomi Levi, Soille San Diego Hebrew Day School, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rabbi Simcha Weiser, Soille San Diego Hebrew Day School, issued May 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(1). Pursuant to sections 9(b)(1) and 17(c)(4) of the National School Lunch Act, 42 U.S.C. � 1758(b)(1) and 42 U.S.C. � 1766(c)(4), the United States Department of Agriculture annually publishes in the Federal Register adjustments to the income eligibility guidelines used in determining eligibility for free and reduced lunches. See, e.g., Department of Agriculture, Food and Nutrition
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  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of these categories risks
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  • and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Request for Review by Fort Wayne, para. 7. Id. at para. 6. Id. at para. 7. Id. Petition for Reconsideration, at 3. Id. See 47 C.F.R. � 1.106(b)(2). See 47 C.F.R. � 1.106(b)(3). 01-2705 01-2705
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  • universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • of the Decision of the Universal Service Administrator by Pioneerland Library System, SLD-32103, CC Docket No. 96-45, Order, DA 99-2615 (rel. November 22, 1999). 47 C.F.R. �� 54.502, 54.503. Under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
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  • 47 C.F.R. � 54.719(c). The Commission's rules provide that requests for review of decisions shall be considered and acted upon by the Common Carrier Bureau, except that requests which raise novel questions of fact, law, or policy shall be considered by the full Commission. 47 C.F.R. � 54.722(a). 47 U.S.C. � 254(h)(1)(B); 47 C.F.R. �� 54.502, 54.503. 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). Id.. Request for Review at 1-2. 47 C.F.R. � 54.505(b)(4). Request for Review at 2. Id. Id. Id. at 2-3. FCC Form 471,Western Heights School District, filed April 2, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Co., to Joe Kitchens, Western Heights School District
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  • Bureau Letter from Joan M. Harris, Carl Schurz High School, to 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. �� 54.502, 54.503. 47 C.F.R. � 54.505(g). The Commission's rules require that the applicant make a bona fide request for services by filing with the Administrator an FCC Form 470, which is posted to the Administrator's website for all potential competing service providers to review. After the FCC Form 470 is posted, the applicant must wait at least 28 days before entering an agreement for services and
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • L. Moore, President, Universal Service Administrative Company, Schools and Libraries Division, to Dorothy Attwood, Chief, Common Carrier Bureau, Federal Communications Commission, dated April 17, 2001. Pursuant to section 54.507 of the Commission's rules, the cap on universal service funds for schools and libraries is $2.25 billion. 47 C.F.R. � 54.507(a). > (Funding Year 4 Minimum Processing Standards). 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). FCC Form 471, Block 4. FCC Form 471, Granger School District 204, filed January 17, 2001. Letter from Timothy Dunn, Granger School District No. 204, to Schools and Libraries Division, Universal Service Administrative Company, dated August 28, 2001. Id. Id. Id. Letter from Schools and Libraries Division,
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  • universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1459A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1459A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1459A1.txt
  • 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, 121 S. Ct. 423 (November 2, 2000). 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. � 54.505(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). FCC Form 471, Block 4. 47 C.F.R. � 54.505(e)(4). FCC Form 471, Colonial Beach School District, filed January 19, 2000. (Funding Commitment Decision Letter). Letter from Kathleen F. Beane, Colonial Beach Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed June 13, 2000 (Appeal to
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  • the funding period which 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 which 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. � 54.505(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, 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 year. See 47 C.F.R. � 54.507(a).
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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. �� 54.502, 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 Board on Universal Service, CC Docket No. 96-45, Errata, 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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  • Letter from Jay Moynihan, Northern Waters Library Service, Ashland, Wisconsin, to Federal Communications Commission, filed April 12, 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. � 54.505(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, 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 year. See 47 C.F.R. � 54.507(a).
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  • beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix (Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36); the schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Schools and libraries eligible for a 90 percent discount would receive first priority for the remaining funds, which would be applied to their request for internal connections. To the extent that funds remain, the Administrator would continue to allocate funds for discounts to eligible applicants at each descending single discount percentage, e.g., eighty-nine percent, eighty-eight percent, and so on until
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  • 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, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(2). 47 C.F.R. �� 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). Request for Review; Universal Service Administrative Company, Schools and Libraries Division, Exception Documentation, Entity Level Notes, Colorado City Public Library, July 26, 2001 (Exception Report) (September 4, 2001 entry noting 90% discount request). LEA Data Collection Report To Determine FY 2002 Federal Program Allocations For All LEAs,
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  • 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 funding year. See 47 C.F.R. � 54.507(a). Fifth Order on Reconsideration, 13 FCC Rcd at 14938, para. 36. 47 C.F.R. � 54.505(b)(1). 47 C.F.R. � 54.507(g)(1)(iii). >. Request for Review, at 2. Upshur's Request for Review is brought directly from the Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Upshur County School District, dated August 7, 2001 (Funding Commitment Decision Letter). Funding Commitment Decision Letter, at 7-8. Request for Review, at 2. West Virginia Child Nutrition Program,
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  • Counsel (filed March 4, 1998); Reply Comments of Pennsylvania PUC (filed March 16, 1998). See Bureau Order, para. 1. A health care provider is eligible for discounts only if it is located in a rural area. See 54.601(a)(4). A school or library is eligible for a greater discount if it is located in a rural area. See 47 C.F.R. �� 54.505(b)(3), 54.505(c). Although the test for whether a school or library is located in a rural area is set out separately from the definition of rural area applied to health care providers, these separate tests are substantively identical. See 47 C.F.R. �� 54.5, 54.505(b)(3); see also Bureau Order, at 1 (noting that same definition is used in both contexts). Id. See
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  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. 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). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Anne Mallette, Gary Community School Corporation, dated September 22, 2000 (Funding Commitment Decision Letter). Id. at 6, 7. Letter from Yamillette Williams, Gary Community School Corporation, to Schools and Libraries Division, Universal
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  • and 97-21, Order, 15 FCC Rcd 25610 (Com. Car. Bur. 2000), para. 8 (``In light of the thousands of applications that SLD reviews and processes each funding year, it is administratively necessary to place on the applicant the responsibility of understanding all relevant program rules and procedures.''). See infra paras. 10, 12-20. See infra para. 11. See 47 C.F.R. �� 54.505-54.507. See Request for Review by Hardee County School Board et al., 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, Order, DA 01-2978 (Com. Car. Bur. rel. December 21, 2001) (Hardee County). See id. See id. See id. (citing Rosendale Waiver Request). Bingham Waiver
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  • 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, 121 S. Ct. 423 (November 2, 2000). 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). 47 C.F.R. � 54.505(b). Id.. 47 C.F.R. � 505(b)(4). FCC Form 471, Chichester School District, filed April 5, 1999 (Chichester Form 471), at 3. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joyce Voshell, Chichester School District, dated January 19, 2001, at 1, 3. Letter from Joyce Voshell, Chichester School District, to Schools and Libraries Division, Universal Service Administrative Company, dated
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • 2000) (Funding Year 2001 FCC Form 471 Instructions), at Block 4, Item 10; 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 Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 5032 (2001). 47 C.F.R. � 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). See SLD's website, . Request for Review of the Decision of the Universal Service Administrator by Fair Lawn Board of Education, 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 and 97-21, Order, 16 FCC Rcd 12901, 12904 (Com. Car.
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  • 2000) (Funding Year 2001 FCC Form 471 Instructions), at Block 4, Item 10; 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 Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 5032 (2001). 47 C.F.R. � 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). Request for Review of the Decision of the Universal Service Administrator by Fair Lawn Board of Education, 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 and 97-21, Order, 16 FCC Rcd 12901, 12904 (Com. Car. Bur. 2001). The Wireline Competition
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  • a third-party that was late in filing). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 at 17 (November 2001) (FCC Form 471 Instructions). We note that the Commission's rules direct libraries to calculate their discounts by determining poverty and high-cost status, and selecting the appropriate discount rate from the matrix. 47 C.F.R.�54.505(b) and (c). FCC Form 471 Instructions, 17 (stating libraries should contact schools for the discount amount or for data). Waiver Request. See also FCC Form 471, New Carlisle Olive Public Library, filed January 2002. (enclosing data from New Prairie United School Corporation dated January 23, 2002). While the Commission's rules do not set out a time-frame for the school lunch
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  • school district in which the library is located. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 at 17 (November 2001) (FCC Form 471 Instructions). The Commission's rules direct libraries to calculate their discounts by determining poverty and high-cost status, and selecting the appropriate discount rate from the matrix. 47 C.F.R. � 54.505(b) and (c). See, e.g., Request for Waiver by Duncanville Independent 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-272355, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd 11863 (Wireline Comp. Bur. 2002) (The Applicant bears the responsibility of completing the relevant forms and
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  • this Order, we use the term ``appeals'' to generally refer to requests for review of decisions, or waivers related to such decisions, issued by the Administrator. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken 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
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  • ) CC Docket No. 02-6 Support Mechanism ) order Adopted: March 9, 2007 Released: March 9, 2007 By the Acting Deputy Chief, Wireline Competition Bureau: I. INTRODUCTION In this Order, we deny a Request for Waiver filed by the Otsego Local School District, Tontogany, Ohio (Otsego). Otsego seeks a waiver of the designation of its district as ``urban'' under section 54.505(b)(3) of the Commission's rules by the Universal Service Administrative Company (USAC) for purposes of calculating its discount level under the schools and libraries universal service support mechanism. II. BACKGROUND Under the schools and libraries universal service support mechanism, also known as the E-rate program, eligible schools, libraries, and consortia that include eligible schools and libraries may apply for discounts for
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  • 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 mechanism. The rules establish
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  • 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 Health Care Program of
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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 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
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  • shall be given to requests for telecommunications services and Internet access (priority 1 services). 47 C.F.R. � 54.507(g)(1)(i). The remaining funds are allocated to requests for support for internal connections (priority 2 services), beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix. 47 C.F.R. � 54.507(g)(1)(ii); see also 47 C.F.R. � 54.505(c). Since funding year 2000, the E-rate program has committed the maximum $2.25 billion before funding all of the requests for internal connections. 47 C.F.R. � 54.507(a) (establishing annual cap of $2.25 billion per funding year). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9072, para. 562 (1997) (Universal Service First Report
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  • under the Form 471. USAC should determine if the entity should have been listed on the FCC Form 471 and, if so, allow the applicant to amend the FCC Form 471. See letter. Otherwise recover. 4. Service provided or equipment installed at an ineligible entity or used for an ineligible purpose. 54.501(b), (c), (d), stating the requirements for eligible entities. 54.505, stating how to determine the discount for an entity. 54.507(g) stating the rules of priority. 4th R & O, 19 FCC Rcd 15252, �15, stating that the service provider is likely to be the responsible party if it delivers services that were not approved for funding under the Form 471. Recover. 5. Equipment transferred prior to 3 years after purchase
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  • Thus, we determine that the action we take today should have a minimal effect on the universal service fund as a whole. See 47 C.F.R. �� 54.501-54.503; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9040-44, paras. 501-07 (1997) (Universal Service First Report and Order) (subsequent history omitted). 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(1). (last visited June 4, 2010). The USAC website provides applicants with guidelines regarding survey content. 47 C.F.R. � 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). See 47 C.F.R. � 54.505(c). Block 4 of the funding year 2006 FCC Form 471 required the school to provide information regarding the school's status as rural or urban, the number of
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  • to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jun. 22, 2009) (Beth Rivka Request for Review); Letter from Donny Bynum, Superintendent, Dale County School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Aug. 10, 2009) (Dale Request for Review). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.507(a). See 47 C.F.R. � 54.505(b). Applicants with higher percentages of students eligible for free or reduced-price lunch through the National School Lunch Program qualify for higher discounts for eligible services than applicants with low levels of eligibility for such programs. Id. Schools and libraries located in rural areas also generally receive greater discounts. Id. See 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R.
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  • 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; Union Request; Williamsburg Request. Abbeville Request at 2; Union Request at 2; Williamsburg Request at 2. Third Report & Order, 18 FCC Rcd at 26924, paras. 27-28. Id. at 26924, para. 27. 47 C.F.R. � 54.505. DA 10-1997 � � � � h (R) (R)
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  • that are not otherwise available to some segment of the public or class of users. Therefore, a service provider may not offer free iPads to a school with the purchase of telecommunications or Internet access services eligible under E-rate, if such an arrangement is not currently available to the public or a designated class of subscribers. See 47 C.F.R. � 54.505. (last visited Dec. 8, 2010) (``An applicant may not receive free or discounted services from a service provider that have the effect of providing a discount level to the applicant greater than the discount allowed for Schools and Libraries support''). Sixth Report and Order at para. 90; Appendix A, 47 C.F.R. � 54.503(d) as amended; see generally 5 C.F.R. ��
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  • Tf (\(Appeal to USAC\).) Tj 1 0 0 1 72 129.649 Tm 57 Tz (2) Tj 1 0 0 1 77.5 125.049 Tm 96 Tz /OPBaseFont2 10 Tf (See 47) Tj 1 0 0 1 107 125.049 Tm 95 Tz /OPBaseFont1 10 Tf (C.F.R. �) Tj 1 0 0 1 148.3 124.799 Tm 99 Tz /OPBaseFont2 10 Tf (54.50 1-54.503, 54.505\(b\)\(3\); Federal-State Joint Board on Universal Service,) Tj 1 0 0 1 465.1 124.349 Tm 97 Tz /OPBaseFont1 10 Tf (CC Docket No.) Tj 1 0 0 1 72.2 113.549 Tm /OPBaseFont2 10 Tf (96-45,) Tj 1 0 0 1 100.55 113.299 Tm 99 Tz /OPBaseFont1 10 Tf (Report and Order, 12 FCC Rcd 8776, 9040-44, paras. 501-07 \(1997\)) Tj 1
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  • enrollment and participation of an entire school district in which the library sits even though that boundary line may incorporate varying levels of poverty and include areas that the library does not actually serve. See American Library Association, Comments, CC Docket No. 02-6 at 4 (Mar. 7, 2011) (ALA Comments); E-rate Central Comments at 3; see also 47 C.F.R. � 54.505(b)(2). See, e.g., Education and Libraries Networks Coalition (EdLiNC), Comments, CC Docket No. 02-6 (Mar. 7, 2011) (EdLiNC Comments); American Association of School Administrators (AASA), Comments, CC Docket No. 02-6 (Mar. 7, 2011) (AASA Comments); Council of Great City Schools, Comments, CC Docket No. 02-6 (Mar. 7, 2011) (Great City Schools Comments). See EdLiNC Comments; E-rate Central, Comments, CC Docket No.
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  • and Libraries Division, to Irene Halko, Queen of Peace High School (dated Apr, 27, 2010). Letter from Irene Halko, Queen of Peace High School, to USAC, Schools and Libraries Division (filed May 10, 2010). Letter from USAC, Schools and Libraries Division, to Irene Halko, Queen of Peace High School (dated June 28, 2010) (Administrator's Decision on Appeal). 47 C.F.R. �� 54.505(a). (last visited Dec. 1, 2011). . (last visited Dec. 1, 2011) (providing that the Form 470, RFP, or other solicitation method should be clear about the products, services, and quantities the applicant is seeking and stating that the applicant must avoid using generic or encyclopedic service descriptions on their Form 470.) Id. See 47 C.F.R. �� 54.504(b)(vii) (stating ``[a] bids
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  • our review of the record, the mistakes made by these petitioners do not warrant the complete rejection of these petitioners' applications for E-rate funding. Although the record demonstrates that petitioners' contracts had minor errors, they all had some form of an agreement in place during the relevant funding year prior to the filing of their applications. Therefore, we waive section 54.505(c) of the Commission's rules for 40 petitioners, and we grant seven petitioners' appeals on the merits because these petitioners demonstrated that they had placed contracts that complied with the Commission's rules and procedures when submitting their FCC Forms 471. We remand the underlying applications to USAC for further action consistent with this order. To ensure that the underlying applications are
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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). See Letter from Schools and Libraries Division, Universal Service Administrative Company to Linda Schreckinger Sandler, Barberton City School District (dated Mar. 20, 2007) (Administrator's Decision on Appeal). See 47 C.F.R. �� 54.501-54.503, 54.505(b)(3); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9040-44, paras. 501-07 (1997) (1997 Universal Service Order) (subsequent history omitted). See 47 C.F.R. � 54.505. 47 C.F.R. � 54.505(b)(1). (last visited Nov. 17, 2010). Block 4 of the FCC Form 471 application asks the school to provide information regarding the school's status
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  • of 47 C.F.R. � 54.513(c) (permitting transfers of eligible services and equipment to other eligible entities in the event that the particular location where the service originally was received is permanently or temporarily closed), we find that it is in the public interest to allow these applicants to transfer eligible service and equipment to other eligible entities. 47 C.F.R. � 54.505. We also direct USAC to disburse funding to these schools even if the eligible discount levels for the new locations were below the funding threshold for priority 2 funding for funding year 2002. 1-87 1-87 2 3 4 � � '' � � � � � 0 1 U��@�F�@1 A u ` s ` u ` u ` u `
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  • review and waiver are listed in appendices A and 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). Prior to the 2010 Schools and Libraries Sixth Report and Order, the E-rate competitive bidding requirements were codified in sections 54.505 and 54.511 of the Commission's rules. See 47 C.F.R. �� 54.504, 54.511 (2002). In the Schools and Libraries Sixth Report and Order, the Commission amended section 54.503 and 54.511 of the Commission's rules to establish new competitive bidding requirements for the E-rate program, which became effective January 3, 2011. Schools and Libraries Universal Service Support Mechanism and A National Broadband
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  • 02-6, Order, 21 FCC Rcd 10703 (Wireline Comp. Bur. 2006) (Academia Claret Order). The requests for waiver and review are listed in appendices A and 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). See 47 C.F.R. � 54.505. Appendix B. See Academia Claret Order, 21 FCC Rcd at 10709, para. 14. See Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by Baker Hall School, et al., File Nos. SLD-596432, et al., Order, 25 FCC Rcd 17534, 17535, n.9 (Wireline Comp. Bur. 2010) (waiving the 60-day appeal filing requirement when petitioners either filed their appeals
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  • support program). In each decision, USAC found that the applicant did not provide sufficient documentation to support their requested discount rate. Based on our review of the record, we find that USAC correctly determined the eligible discount calculation for each application and deny these requests. We also find that petitioners have not demonstrated good cause justifying a waiver of section 54.505 of the Commission's rules. 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 Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3 and 54.722(a), the requests for review or requests for waiver filed
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  • (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 an employee of an
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  • effective as of July 17, 1997) accurately determined its level of poverty, for use in determining its available discount rate, by using the percentage of its student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism in the public school district in which they are located (Section 54.505 (b) which was effective as of July 17, 1997) accurately applied the approved discount matrix, with the correct consideration of urban or rural location, to its determined level of poverty to set its discount rate to be applied to eligible goods and /or services (Section 54.505 (c), as revised, which was originally effective as of July 17, 1997) submitted a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295932A1.pdf
  • Company ("USAC")1 is charged with distributing E-Rate's annual budget of $2.25 billion. SLD accepts applications from schools for technology proj- ects and subsidizes those projects on a sliding scale - from 20 percent to 90 percent of a project's cost - determined by the percentage of the school's students that participate in the National School Lunch Program. 47 C.F.R. � 54.505. SLD is required to give funding priority to applications for the provi- sion of "telecommunications services, voice mail, and Internet access." 47 C.F.R. � 54.507(g)(1). The most economically disadvantaged schools have priority for the remainder of the funds. Id. As with any sizeable program, E-Rate is governed by a complicated and, at times, less than clear set of rules and
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  • to submit responsive bids.) * * * * * '' 6. Section 54.507 in the Final rule text is corrected to add paragraph (g)(1)(i) to read as follows: ``(i) Schools and Libraries Corporation shall first calculate the demand for telecommunications, telecommunications services, voicemail, and Internet access for all discount categories as determined by the schools and libraries discount matrix in �54.505(c). These services shall receive first priority for the available funding. * * * *'' This Erratum also amends Appendix B, Eligible Service List for Funding Year 2011 (ESL), of the Sixth Report and Order as indicated below: tion service. 8. On page 42 in the glossary, remove the definition of ``residential telephone service.'' 9. In the second paragraph on page
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  • rules, only an application for shared services provides the necessary circumstances under which a school or school district would be eligible for a 26 percent discount. This is because, under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
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  • Service Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, 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, 121 S.Ct. 423 (November 2, 2000). 47 C.F.R. �� 54.502, 54.503. See 47 C.F.R. � 54.505. 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); Universal Service Order, at para. 575. 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). The funding cap is set at $2.25 billion. 47
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  • by revising the first sentence of paragraph (g)(1)(i) and the first sentence of paragraph (g)(1)(ii) to read as follows: � 54.507 Cap. ****** (g) ****** (1) *** (i) Schools and Libraries Corporation shall first calculate the demand for telecommunications services, voice mail, and Internet access for all discount categories, as determined by the schools and libraries discount matrix in � 54.505(c) of this part.*** (ii) Schools and Libraries Corporation shall then calculate the amount of available funding remaining after providing support for all telecommunications services, voice mail, and Internet access for all discount categories.*** ****** 7. Section 54.511 is amended by revising paragraph (a) to read as follows: (a) Selecting a provider of eligible services. In selecting a provider of eligible
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  • basis, that would be roughly $48,000 per provider ($400 million/8,300). It is unlikely that most entities would receive yearly Internet access discounts anywhere close to this amount. An entity would need to be spending almost $200,000 per year, or $16,666 per month, to obtain discounts equivalent to roughly $48,000, given the twenty-five percent discount we adopt today. 47 C.F.R. � 54.505(c). See WorldCom Comments at 5-6 (agreeing that the Commission has the authority to subsidize Internet access but only the difference between rates for urban and rural Internet access); 47 U.S.C. �� 254(h)(1)(A), 254(h)(2)(A). But see Intelenet Comments at 5; Kingston eHealth Comments at 7-8; Nevada State Office Comments at 6 (agreeing that no urban-rural comparison is necessary). 47 U.S.C. ��
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  • or consortium may not receive rebates for services or products purchased with universal service discounts. For the purpose of this rule, the provision, by the provider of a supported service, of free services or products unrelated to the supported service or product constitutes a rebate of the non-discount portion of the supported services. APPENDIX B DISCOUNT MATRIX 47 C.F.R. � 54.505(c) Percentage of Students Eligible for School Lunch Program Urban Discount Level Rural Discount APPENDIX C Examples of Permissible Funding Under Twice-Every-Five-Years Rule for Internal Connections Example 1 Example 2 Example 3 Example 4 Example 5 Example 6 2005 Funding Received Funding Received Funding Received Funding Received Eligible, but no Funding Received Funding Received 2006 Funding Received Eligible, but no Funding
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  • contracts must be retained, as well as other agreements relating to E-rate between the beneficiary and service provider, such as up-front payment arrangements. Application Process. The beneficiary must retain all documents relied upon to submit the Form 471, including National School Lunch Program eligibility documentation supporting the discount percentage sought; documents to support the necessary resources certification pursuant to section 54.505 of the Commission's rules, including budgets; and documents used to prepare the Item 21 description of services attachment. Purchase and Delivery of Services. Beneficiaries and service providers should retain all documents related to the purchase and delivery of E-rate eligible services and equipment. Beneficiaries must retain purchase requisitions, purchase orders, packing slips, delivery and installation records showing where equipment was
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  • in Subpart G. 47 U.S.C. � 254(b)(3). 47 C.F.R. � 54.702(b). See USAC Appointment Order, 13 FCC Rcd at 25069-70, � 20. As a matter of practice, USAC has adopted a number of performance measures for its own managerial purposes, and it regularly prepares reports that are disclosed publicly at quarterly meetings of the board of directors. 47 C.F.R. � 54.505. To promote greater transparency in what is eligible for support under the schools and libraries support mechanism, on December 23, 2003, the Commission adopted a rule that formalizes the process for updating the eligible services list, beginning with Funding Year 2005. Under this rule, USAC is required to submit annually a draft of its updated eligible services list for the
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  • Rcd 26406, 26436, para. 66 (2003) (re-opening filing window for Funding Year 2002 in order to permit Ysleta, and similarly situated applicants in the caption who appealed SLD's denial of their funding requests, to re-bid for services, to the extent such services had not been provided). See also supra at paras. 6-7 (providing reasons for waiver). See 47 C.F.R. � 54.505. Id. The Commission recently sought comment on altering the discount mechanism. 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, 26936-39 (2003). 47 C.F.R. � 54.507(g)(1)(i-iv); see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Fifth Order on Reconsideration and
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  • electronic health records and ``telemedicine'' as the provision of medical care from a distance using telecommunications technology''). See http://www.internet2.edu/. For purposes of the pilot program, we will utilize the definition of ``health care provider'' in 47 C.F.R. � 54.601(a). We also note that this funding percentage is less than the highest funding level under our e-rate program. 47 C.F.R. � 54.505(c). See paragraphs 11-12 infra. See, e.g., Statement of David A. Powner, Director Information Technology Management Issues, ``Health Information Technology: HHS is Continuing Efforts to Define a National Strategy,'' Testimony Before the Subcommittee on Federal Workforce and Agency Organization, Committee on Government Reform, House of Representatives, GAO-06-346T, March 15, 2006 (discussing the rising cost of health care and the potential for
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  • 418517 2004 Tri-L Christian Academy Orlando, FL 424917 2004 Parkway Academy Miramar, FL 431407 2004 Northeast Academy 1 Opalocka, FL 431840 2004 Downtown Miami Charter School Miami, FL 432551 2004 The list of appeals is attached in the 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
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  • the filing period. If total demand exceeds the total support available for that funding year, the Administrator shall take the following steps: (i) The Administrator shall first calculate the demand for services listed under the telecommunications and Internet access categories on the eligible services list for all discount levels, as determined by the schools and libraries discount matrix in � 54.505(c). These services shall receive first priority for the available funding. (ii) The Administrator shall then calculate the amount of available funding remaining after providing support for the telecommunications and Internet access categories for all discount levels. The Administrator shall allocate the remaining funds to the requests for support for internal connections, beginning with the most economically disadvantaged schools and libraries,
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  • person's use of wireless telecommunications service on a library's mobile library unit van, and the use by teachers or other school staff of wireless telecommunications service while accompanying students on a field trip or sporting event. Id. at n.28. 91 See E-rate Broadband NPRM, 25 FCC Rcd at 6895-96, para. 57. 92 Id. 93 Id. 94 See 47 C.F.R. � 54.505 (2009) (establishing different discounts levels for schools and libraries based on poverty and rural factors) 95 See Request of the West Virginia Department of Education for a Waiver of Commission's Rule 54.506 and Clarification of the Definition of Educational Purpose, to Federal Communications Commission, CC Docket No. 02- 6 (dated Apr. 29, 2010) (WVDE Request for Waiver and Clarification); Sentinel
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  • the 15 days from the date applicants are notified by USAC of mistakes to their FCC Forms 470 and FCC Forms 471 and the presumption that applicants will receive such notice approximately five days after the notice is postmarked by USAC. See Bishop Perry Order, 21 FCC Rcd at 5326, para. 23, n.63. See RAL Procedures. See 47 C.F.R. � 54.505(b). Schools and libraries in areas with higher percentages of students eligible for free or reduced-price lunch through the National School Lunch Program (or a federally approved alternative mechanism) qualify for higher discounts for eligible services than applicants with low levels of eligibility for such programs. Id. Schools and libraries located in rural areas also generally receive greater discounts. Id. 47
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  • of the applicable discounts to which the libraries sharing a portion of the shared services are entitled. We agree with E-rate Provider Services (EPS) that calculating discounts by individual school adds a significant level of complexity to the application process, as the discounts must be calculated separately by school and checked individually by USAC. Accordingly, we propose to revise section 54.505(b)(4) of our rules to require applicants to: (1) calculate a single discount percentage rate for the entire school district by dividing the total number of students eligible for the National School Lunch Program by the total number of students in the district; and (2) then compare that single figure against the discount matrix to determine the school district's discount for
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  • obtain discounted Internet access service.'' In addition, we also correct 54.507(g)(1)(i) of the final rules to the Schools and Libraries Sixth Report and Order which currently reads: ``(i) Schools and Libraries Corporation shall first calculate the demand for telecommunications, telecommunications services, voice-mail, and Internet access for all discount categories as determined by the schools and libraries discount matrix in � 54.505(c). These services shall receive first priority for the available funding.'' We revise this rule to change ``Schools and Libraries Corporation'' to ``Administrator'' and to reflect that voice mail, although eligible for E-rate discounts, does not need to be listed as an individual eligible service in our rules. We revise the rule to read: ``(i) The Administrator shall first calculate the
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  • New Initiatives & Partnerships, Connect Ohio, (Dec. 28, 2011), available at http://connectohio.org/blog/post/2011-review-eco-progress-last-mile-succ esses-new-initiatives-partnerships. See Library Tech Study at 33, Figure C-17. See, e.g., Letter from Marijke Visser, American Library Association, to Marlene H. Dortch, Federal Communications Commission, WC Dkt. No. 11-42 et al. (filed Jan. 24, 2012) (American Library Association Jan 24 ex parte Letter). . See 47 C.F.R. � 54.505(c) (E-rate Discount Matrix). An E-rate applicant filing for discounts on eligible services must calculate the percentage discount that it is eligible to receive measured by the percentage of students eligible for the National School Lunch Program and dependant upon whether it is located in an urban or rural location. FCC Form 471 Instructions at 8-19 (identifying how an E-rate applicant
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  • (Order on Reconsideration). See Request for Expedited Review by Integrity Communications, Ltd., CC Docket No. 02-6 (filed Dec. 26, 2007) (Request for Review) (appealing USAC's audit letter decisions to the Commission). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). See 47 C.F.R. �� 54.501-54.503. See 47 C.F.R. � 54.505(c). The maximum discount given to any eligible entity is 90 %. See id. � 54.505 (b). (last visited Jan. 10, 2012). Beginning July 1, 2004, the Commission's rules required the service provider to allow the applicant to select the payment method governing the payment for services rendered in accordance with the E-rate program. See 47 C.F.R. �54.514 (a). (last visited
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  • then wait at least four weeks from the date on which its description of services is posted on the website before making commitments with the selected providers of services. The confirmation from the Schools and Libraries Corporation shall include the date after which the requestor may sign a contract with its chosen provider(s). * * * * * 7. Section 54.505 is amended by revising paragraphs (b)(3) and (c) to read as follows: * * * * * (b)(3) The Schools and Libraries Corporation shall classify schools and libraries as "urban" or "rural" based on location in an urban or rural area, according to the following designations. * * * * * (c) Matrix. The Schools and Libraries Corporation shall use
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  • of funds when 151 expenditures in any funding year reach the level where only $250 million remains before the cap will be reached. The Universal Service rules require schools and libraries to submit technology plans as part of their 152 application for service. See 47 C.F.R. � 54.504(b)(2)(vii). See Universal Service Order at para. 574. 153 See 47 C.F.R. � 54.505. 154 36 million annual cap has been reached. We specify that the Corporations, rather than USAC or 150 the permanent administrator, will monitor demand for the purpose of determining when the $2 billion trigger has been reached in the case of the schools and libraries program and when the $400 million cap has been reached in the case of the
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  • Library Petition for Waiver (filed Feb. 11, 1998) (Long Island Petition); School Union 87 Petition for Waiver (filed July 8, 1998) (School Union 87 Petition); Maine School Administrative District No. 60 Petition for Waiver (filed July 8, 1998) (District No. 60 Petition); Unified School District 267 Petition for Waiver (filed July 8, 1998) (District 267 Petition). 2 47 C.F.R. � 54.505(b)(3). See also 47 C.F.R. � 54.5 (defining "rural area" for purposes of universal service support). 3 See 47 U.S.C. �� 54.505(b)(3) and 54.505(c). 4 47 U.S.C. � 254(h)(1)(B). Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) CC Docket No. 96-45 Federal-State Joint Board on ) AAD/USB File No. 98-34 Universal Service ) MEMORANDUM OPINION AND
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  • sections 54.507(a) and 54.623(a) of our rules provided that no more than a specified monetary amount could be collected or spent during the first six months of 1998. See Appendix A. 76 Universal Service Order, 12 FCC Rcd at 9057; 47 C.F.R. �� 54.507(c), 54.623. 77 See Universal Service Order, 12 FCC Rcd at 9050. See also 47 C.F.R. � 54.505(c). The discount matrix is reproduced at Appendix D. 78 Universal Service Order, 12 FCC Rcd at 9059-60; 47 C.F.R. � 54.507(g). 20 The adoption of these limits on disbursements supersedes any prior restrictions on expenditures during 1998.75 30. Furthermore, we conclude that the carryover of unused funding authority will not apply for the funding period January 1, 1998 through June
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  • Implementation of the rules of priority in accordance with � 54.507(g) of this chapter; Review and certification of technology plans when a state agency has indicated that it will not be able to review such plans within a reasonable time; The classification of schools and libraries as urban or rural and the use of the discount matrix established in � 54.505(c) of this chapter to set the discount rate to be applied to services purchased by eligible schools and libraries; Performance of audits of beneficiaries under the schools and libraries support mechanism; and Development and implementation of other functions unique to the schools and libraries support mechanism. Committee composition. The Schools and Libraries Committee shall consist of the following members of
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  • may not shield USAC from future liability by disadvantaged applicants. In addition, I note that I am unpersuaded by the Office of General Counsels' arguments in support of this request by SLD. First, they argue that the rules of priority must include the particular percentage points that result form the calculation of average discounts for shared services pursuant to Section 54.505(b)(4). The Commission's rules, however, are very specific on this point and provide only for allocating funds for internal connections to disadvantaged schools and libraries "as determined by the schools and libraries discount matrix in section 54.505(c) of this part."[12]^(9) Indeed, there is no mention of Section 54.505(b)(4). Similarly, the next section of the rules provides for the continued allocation of
• http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (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 an employee of an
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  • then wait at least four weeks from the date on which its description of services is posted on the website before making commitments with the selected providers of services. The confirmation from the Schools and Libraries Corporation shall include the date after which the requestor may sign a contract with its chosen provider(s). * * * * * 7. Section 54.505 is amended by revising paragraphs (b)(3) and (c) to read as follows: * * * * * (b)(3) The Schools and Libraries Corporation shall classify schools and libraries as "urban" or "rural" based on location in an urban or rural area, according to the following designations. * * * * * (c) Matrix. The Schools and Libraries Corporation shall use
• 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
  • of funds when 151 expenditures in any funding year reach the level where only $250 million remains before the cap will be reached. The Universal Service rules require schools and libraries to submit technology plans as part of their 152 application for service. See 47 C.F.R. � 54.504(b)(2)(vii). See Universal Service Order at para. 574. 153 See 47 C.F.R. � 54.505. 154 36 million annual cap has been reached. We specify that the Corporations, rather than USAC or 150 the permanent administrator, will monitor demand for the purpose of determining when the $2 billion trigger has been reached in the case of the schools and libraries program and when the $400 million cap has been reached in the case of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.wp
  • Library Petition for Waiver (filed Feb. 11, 1998) (Long Island Petition); School Union 87 Petition for Waiver (filed July 8, 1998) (School Union 87 Petition); Maine School Administrative District No. 60 Petition for Waiver (filed July 8, 1998) (District No. 60 Petition); Unified School District 267 Petition for Waiver (filed July 8, 1998) (District 267 Petition). 2 47 C.F.R. � 54.505(b)(3). See also 47 C.F.R. � 54.5 (defining "rural area" for purposes of universal service support). 3 See 47 U.S.C. �� 54.505(b)(3) and 54.505(c). 4 47 U.S.C. � 254(h)(1)(B). Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) CC Docket No. 96-45 Federal-State Joint Board on ) AAD/USB File No. 98-34 Universal Service ) MEMORANDUM OPINION AND
• 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
  • sections 54.507(a) and 54.623(a) of our rules provided that no more than a specified monetary amount could be collected or spent during the first six months of 1998. See Appendix A. 76 Universal Service Order, 12 FCC Rcd at 9057; 47 C.F.R. �� 54.507(c), 54.623. 77 See Universal Service Order, 12 FCC Rcd at 9050. See also 47 C.F.R. � 54.505(c). The discount matrix is reproduced at Appendix D. 78 Universal Service Order, 12 FCC Rcd at 9059-60; 47 C.F.R. � 54.507(g). 20 The adoption of these limits on disbursements supersedes any prior restrictions on expenditures during 1998.75 30. Furthermore, we conclude that the carryover of unused funding authority will not apply for the funding period January 1, 1998 through June
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001042.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001042.txt
  • 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). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John L. Pantle, Archbishop Quigley Preparatory Seminary School, dated January 26, 1999 (Funding Commitment Decision Letter). Letter from John Quirk, Archbishop Quigley Preparatory Seminary, to Schools and Libraries Corporation, dated February 3, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Quirk, Archbishop Quigley Preparatory
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001043.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001043.txt
  • 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). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kim Bevill, Atlanta C-3 School District, dated February 24, 1999 (Funding Commitment Decision Letter). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kim Bevill, Atlanta C-3 School District, dated April 30, 1999 (Administrator's Decision on Appeal). Administrator's Decision on Appeal at 1. Request for Review of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001044.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001044.txt
  • Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, para. 31 (1998) (Fifth Reconsideration Order). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Letter from the Universal Service Administrative Company, to Ken Clark, Bonner Springs Unified School District #204, dated February 18, 1999. Id. Letter from Ken Clark, Bonner Springs Unified School District #204, to Schools and Libraries Corporation, filed March 15, 1999 (March 15, 1999 Letter). Letter from Universal Service Administrative Company to Ken Clark, Bonner Springs Unified School District #204, dated
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001887.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001887.txt
  • Chief, Common Carrier Bureau Letter from Terry Silva, Merced Union High School, to Federal Communications Commission, filed April 6, 1999 (Letter of Appeal). 47 U.S.C. 254(h)(1)(B); 47 C.F.R. ��54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Reconsideration Order, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). 47 C.F.R. �505(b) 47 C.F.R. �505(b)(1). 47 C.F.R. �54.505(b)(3)(i), (ii). 47 C.F.R. �54.505(c). Letters from the Schools and Libraries Division, Universal Service Administrative Company to Terry Silva, Merced Union High School District, dated January 26, 1999 at 3 (Funding Commitment Decision Letters). Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9044-46, 9524-25 (1997), as corrected by Federal-State Joint Board on Universal Service, Errata, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • Implementation of the rules of priority in accordance with � 54.507(g) of this chapter; Review and certification of technology plans when a state agency has indicated that it will not be able to review such plans within a reasonable time; The classification of schools and libraries as urban or rural and the use of the discount matrix established in � 54.505(c) of this chapter to set the discount rate to be applied to services purchased by eligible schools and libraries; Performance of audits of beneficiaries under the schools and libraries support mechanism; and Development and implementation of other functions unique to the schools and libraries support mechanism. Committee composition. The Schools and Libraries Committee shall consist of the following members of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010065.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010065.txt
  • Bureau Letter from Joan M. Harris, Carl Schurz High School, to 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. �� 54.502, 54.503. 47 C.F.R. � 54.505(g). The Commission's rules require that the applicant make a bona fide request for services by filing with the Administrator an FCC Form 470, which is posted to the Administrator's website for all potential competing service providers to review. After the FCC Form 470 is posted, the applicant must wait at least 28 days before entering an agreement for services and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010213.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010213.txt
  • and Libraries Division, Universal Service Administrative Company, to Nomi Levi, Soille San Diego Hebrew Day School, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rabbi Simcha Weiser, Soille San Diego Hebrew Day School, issued May 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(1). Pursuant to sections 9(b)(1) and 17(c)(4) of the National School Lunch Act, 42 U.S.C. � 1758(b)(1) and 42 U.S.C. � 1766(c)(4), the United States Department of Agriculture annually publishes in the Federal Register adjustments to the income eligibility guidelines used in determining eligibility for free and reduced lunches. See, e.g., Department of Agriculture, Food and Nutrition
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010353.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010353.txt
  • of the Decision of the Universal Service Administrator by Pioneerland Library System, SLD-32103, CC Docket No. 96-45, Order, DA 99-2615 (rel. November 22, 1999). 47 C.F.R. �� 54.502, 54.503. Under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010588.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010588.txt
  • 47 C.F.R. � 54.719(c). The Commission's rules provide that requests for review of decisions shall be considered and acted upon by the Common Carrier Bureau, except that requests which raise novel questions of fact, law, or policy shall be considered by the full Commission. 47 C.F.R. � 54.722(a). 47 U.S.C. � 254(h)(1)(B); 47 C.F.R. �� 54.502, 54.503. 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). Id.. Request for Review at 1-2. 47 C.F.R. � 54.505(b)(4). Request for Review at 2. Id. Id. Id. at 2-3. FCC Form 471,Western Heights School District, filed April 2, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Co., to Joe Kitchens, Western Heights School District
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010876.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010876.txt
  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.txt
  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Alden Gaw, Dallas Independent School District, dated April 14, 2000. Letter from Glorias Dixon, Dallas Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated May 12, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Glorias Dixon, Dallas Public Schools, dated January 24,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.txt
  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the National Exchange Carrier Association,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.txt
  • 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 funding year. See 47 C.F.R. � 54.507(a). Fifth Order on Reconsideration, 13 FCC Rcd at 14938, para. 36. 47 C.F.R. � 54.507(g)(1)(iii). 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). FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, at 2. FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, Attachment; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Jean-Pierre, Baltimore Junior Academy, dated March 23, 2001 (Administrator's Decision
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.txt
  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its student eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the 90 percent discount level, then for 89 percent, 88 percent, and so on. Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.txt
  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Fort Wayne Community School District, dated June 23, 2000. See, e.g., Request for Review at Attachment B. Id. Request of Review at 1-2. Request for Review at 3. See FCC Form 471, Fort Wayne Community School District, filed Jan. 18, 2000. See Request for Review by Bonner
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01073.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01073.txt
  • rules, only an application for shared services provides the necessary circumstances under which a school or school district would be eligible for a 26 percent discount. This is because, under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981119.html
  • November 19, 1998. MASS MEDIA BUREAU MULTIPOINT DISTRIBUTION SERVICE APPLICATIONS. Internet URL: [6]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md9 81119.pdf Report No: LB -99-09. Released: November 19, 1998. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS SERVICE INFORMATION. Internet URL: [7]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8159.wp ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied seven school districts petitions for waiver of the designations of their districts as urban under section 54.505)(b)(3) of the Commission's rules. Dkt No.: CC-96-45. Action by Acting Chief, Common Carrier Bureau. by MO&O. (DA No. 98-2333). CCB Internet URL: [8]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.pdf ADDENDA: The following items, released November 18, 1998, did not appear in Digest No. 222: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 3659. Released: November 18, 1998. CABLE SERVICES ACTION. Report No: 1387. Released: November 18,
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp
  • may not shield USAC from future liability by disadvantaged applicants. In addition, I note that I am unpersuaded by the Office of General Counsels' arguments in support of this request by SLD. First, they argue that the rules of priority must include the particular percentage points that result form the calculation of average discounts for shared services pursuant to Section 54.505(b)(4). The Commission's rules, however, are very specific on this point and provide only for allocating funds for internal connections to disadvantaged schools and libraries "as determined by the schools and libraries discount matrix in section 54.505(c) of this part."[12]^(9) Indeed, there is no mention of Section 54.505(b)(4). Similarly, the next section of the rules provides for the continued allocation of
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
  • at issue in their Extension Requests. Released on March 9, 2007. CC Docket No. 02-6. (DA 07-1187) DA 07-1187 [85]Word | [86]Acrobat 3/9/07 Otsego Local School District: In this Order, the Wireline Competition Bureau (Bureau) denied a Request for Waiver filed by the Otsego Local School District seeking a waiver of the designation of its district as urban under section 54.505(b)(3) of the Commissions rules by USAC for purposes of calculating its discount level under the schools and libraries universal service support mechanism. Released on March 9, 2007. CC Docket No. 02-6. (DA 07-1185) DA 07-1185 [87]Word | [88]Acrobat 3/9/07 Kress Independent School District: In this Order, the Wireline Competition Bureau (Bureau) dismissed as moot a Request for Review filed by
• http://www.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (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 an employee of an
• http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2007archive.html
  • the deadline for Applicants to complete installation of non-recurring services for the funding years at issue in their Extension Requests. 3/9/07. [402]Word | [403]Acrobat| [404]Text 3/9/07 Order: In this Order, the Wireline Competition Bureau (Bureau) denied a Request for Waiver filed by the Otsego Local School District seeking a waiver of the designation of its district as urban under section 54.505(b)(3) of the Commissions rules by USAC for purposes of calculating its discount level under the schools and libraries universal service support mechanism. 3/9/07. [405]Word | [406]Acrobat| [407]Text 3/9/07 Order: In this Order, the Wireline Competition Bureau (Bureau) dismissed as moot a Request for Review filed by Kress Independent School District Kress, seeking a service provider identification number (SPIN) change and
• http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
  • of non-recurring services for the funding years at issue in their Extension Requests. DA 07-1187 DA 07-1187 [61]Word | [62]Acrobat 3/9/07 Otsego Local School District, Tontogany, Ohio: In this Order, the Wireline Competition Bureau (Bureau) denied a Request for Waiver filed by the Otsego Local School District seeking a waiver of the designation of its district as "urban" under section 54.505(b)(3) of the Commission's rules by USAC for purposes of calculating its discount level under the schools and libraries universal service support mechanism. DA 07-1185 DA 07-1185 [63]Word | [64]Acrobat 3/9/07 Kress Independent School District, Kress, Texas: In this Order, the Wireline Competition Bureau (Bureau) dismissed as moot a Request for Review filed by Kress Independent School District Kress, seeking a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf
  • (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 an employee of an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1819A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1819A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1819A1.txt
  • 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 funding year. See 47 C.F.R. � 54.507(a). Fifth Order on Reconsideration, 13 FCC Rcd at 14938, para. 36. 47 C.F.R. � 54.507(g)(1)(iii). 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). FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, at 2. FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, Attachment; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Jean-Pierre, Baltimore Junior Academy, dated March 23, 2001 (Administrator's Decision
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1820A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1820A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1820A1.txt
  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its student eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the 90 percent discount level, then for 89 percent, 88 percent, and so on. Changes to the Board of Directors of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1877A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1877A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1877A1.txt
  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Fort Wayne Community School District, dated June 23, 2000. See, e.g., Request for Review at Attachment B. Id. Request of Review at 1-2. Request for Review at 3. See FCC Form 471, Fort Wayne Community School District, filed Jan. 18, 2000. See Request for Review by Bonner
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-213A1.txt
  • and Libraries Division, Universal Service Administrative Company, to Nomi Levi, Soille San Diego Hebrew Day School, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rabbi Simcha Weiser, Soille San Diego Hebrew Day School, issued May 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(1). Pursuant to sections 9(b)(1) and 17(c)(4) of the National School Lunch Act, 42 U.S.C. � 1758(b)(1) and 42 U.S.C. � 1766(c)(4), the United States Department of Agriculture annually publishes in the Federal Register adjustments to the income eligibility guidelines used in determining eligibility for free and reduced lunches. See, e.g., Department of Agriculture, Food and Nutrition
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  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of these categories risks
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  • and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Request for Review by Fort Wayne, para. 7. Id. at para. 6. Id. at para. 7. Id. Petition for Reconsideration, at 3. Id. See 47 C.F.R. � 1.106(b)(2). See 47 C.F.R. � 1.106(b)(3). 01-2705 01-2705
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  • universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • of the Decision of the Universal Service Administrator by Pioneerland Library System, SLD-32103, CC Docket No. 96-45, Order, DA 99-2615 (rel. November 22, 1999). 47 C.F.R. �� 54.502, 54.503. Under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
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  • 47 C.F.R. � 54.719(c). The Commission's rules provide that requests for review of decisions shall be considered and acted upon by the Common Carrier Bureau, except that requests which raise novel questions of fact, law, or policy shall be considered by the full Commission. 47 C.F.R. � 54.722(a). 47 U.S.C. � 254(h)(1)(B); 47 C.F.R. �� 54.502, 54.503. 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). Id.. Request for Review at 1-2. 47 C.F.R. � 54.505(b)(4). Request for Review at 2. Id. Id. Id. at 2-3. FCC Form 471,Western Heights School District, filed April 2, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Co., to Joe Kitchens, Western Heights School District
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  • Bureau Letter from Joan M. Harris, Carl Schurz High School, to 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. �� 54.502, 54.503. 47 C.F.R. � 54.505(g). The Commission's rules require that the applicant make a bona fide request for services by filing with the Administrator an FCC Form 470, which is posted to the Administrator's website for all potential competing service providers to review. After the FCC Form 470 is posted, the applicant must wait at least 28 days before entering an agreement for services and
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • L. Moore, President, Universal Service Administrative Company, Schools and Libraries Division, to Dorothy Attwood, Chief, Common Carrier Bureau, Federal Communications Commission, dated April 17, 2001. Pursuant to section 54.507 of the Commission's rules, the cap on universal service funds for schools and libraries is $2.25 billion. 47 C.F.R. � 54.507(a). > (Funding Year 4 Minimum Processing Standards). 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). FCC Form 471, Block 4. FCC Form 471, Granger School District 204, filed January 17, 2001. Letter from Timothy Dunn, Granger School District No. 204, to Schools and Libraries Division, Universal Service Administrative Company, dated August 28, 2001. Id. Id. Id. Letter from Schools and Libraries Division,
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  • universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • 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, 121 S. Ct. 423 (November 2, 2000). 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. � 54.505(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). FCC Form 471, Block 4. 47 C.F.R. � 54.505(e)(4). FCC Form 471, Colonial Beach School District, filed January 19, 2000. (Funding Commitment Decision Letter). Letter from Kathleen F. Beane, Colonial Beach Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed June 13, 2000 (Appeal to
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  • the funding period which 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 which 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. � 54.505(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, 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 year. See 47 C.F.R. � 54.507(a).
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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. �� 54.502, 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 Board on Universal Service, CC Docket No. 96-45, Errata, 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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  • Letter from Jay Moynihan, Northern Waters Library Service, Ashland, Wisconsin, to Federal Communications Commission, filed April 12, 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. � 54.505(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, 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 year. See 47 C.F.R. � 54.507(a).
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  • beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix (Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36); the schools and libraries discount matrix reflects both an applicant's urban or rural status as well as the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Schools and libraries eligible for a 90 percent discount would receive first priority for the remaining funds, which would be applied to their request for internal connections. To the extent that funds remain, the Administrator would continue to allocate funds for discounts to eligible applicants at each descending single discount percentage, e.g., eighty-nine percent, eighty-eight percent, and so on until
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  • 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, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(2). 47 C.F.R. �� 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). Request for Review; Universal Service Administrative Company, Schools and Libraries Division, Exception Documentation, Entity Level Notes, Colorado City Public Library, July 26, 2001 (Exception Report) (September 4, 2001 entry noting 90% discount request). LEA Data Collection Report To Determine FY 2002 Federal Program Allocations For All LEAs,
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  • 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 funding year. See 47 C.F.R. � 54.507(a). Fifth Order on Reconsideration, 13 FCC Rcd at 14938, para. 36. 47 C.F.R. � 54.505(b)(1). 47 C.F.R. � 54.507(g)(1)(iii). >. Request for Review, at 2. Upshur's Request for Review is brought directly from the Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Upshur County School District, dated August 7, 2001 (Funding Commitment Decision Letter). Funding Commitment Decision Letter, at 7-8. Request for Review, at 2. West Virginia Child Nutrition Program,
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  • Counsel (filed March 4, 1998); Reply Comments of Pennsylvania PUC (filed March 16, 1998). See Bureau Order, para. 1. A health care provider is eligible for discounts only if it is located in a rural area. See 54.601(a)(4). A school or library is eligible for a greater discount if it is located in a rural area. See 47 C.F.R. �� 54.505(b)(3), 54.505(c). Although the test for whether a school or library is located in a rural area is set out separately from the definition of rural area applied to health care providers, these separate tests are substantively identical. See 47 C.F.R. �� 54.5, 54.505(b)(3); see also Bureau Order, at 1 (noting that same definition is used in both contexts). Id. See
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  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. 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). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Anne Mallette, Gary Community School Corporation, dated September 22, 2000 (Funding Commitment Decision Letter). Id. at 6, 7. Letter from Yamillette Williams, Gary Community School Corporation, to Schools and Libraries Division, Universal
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  • and 97-21, Order, 15 FCC Rcd 25610 (Com. Car. Bur. 2000), para. 8 (``In light of the thousands of applications that SLD reviews and processes each funding year, it is administratively necessary to place on the applicant the responsibility of understanding all relevant program rules and procedures.''). See infra paras. 10, 12-20. See infra para. 11. See 47 C.F.R. �� 54.505-54.507. See Request for Review by Hardee County School Board et al., 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, Order, DA 01-2978 (Com. Car. Bur. rel. December 21, 2001) (Hardee County). See id. See id. See id. (citing Rosendale Waiver Request). Bingham Waiver
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  • 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, 121 S. Ct. 423 (November 2, 2000). 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). 47 C.F.R. � 54.505(b). Id.. 47 C.F.R. � 505(b)(4). FCC Form 471, Chichester School District, filed April 5, 1999 (Chichester Form 471), at 3. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joyce Voshell, Chichester School District, dated January 19, 2001, at 1, 3. Letter from Joyce Voshell, Chichester School District, to Schools and Libraries Division, Universal Service Administrative Company, dated
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
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  • 2000) (Funding Year 2001 FCC Form 471 Instructions), at Block 4, Item 10; 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 Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 5032 (2001). 47 C.F.R. � 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). See SLD's website, . Request for Review of the Decision of the Universal Service Administrator by Fair Lawn Board of Education, 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 and 97-21, Order, 16 FCC Rcd 12901, 12904 (Com. Car.
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  • 2000) (Funding Year 2001 FCC Form 471 Instructions), at Block 4, Item 10; 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 Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 5032 (2001). 47 C.F.R. � 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). Request for Review of the Decision of the Universal Service Administrator by Fair Lawn Board of Education, 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 and 97-21, Order, 16 FCC Rcd 12901, 12904 (Com. Car. Bur. 2001). The Wireline Competition
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  • a third-party that was late in filing). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 at 17 (November 2001) (FCC Form 471 Instructions). We note that the Commission's rules direct libraries to calculate their discounts by determining poverty and high-cost status, and selecting the appropriate discount rate from the matrix. 47 C.F.R.�54.505(b) and (c). FCC Form 471 Instructions, 17 (stating libraries should contact schools for the discount amount or for data). Waiver Request. See also FCC Form 471, New Carlisle Olive Public Library, filed January 2002. (enclosing data from New Prairie United School Corporation dated January 23, 2002). While the Commission's rules do not set out a time-frame for the school lunch
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  • school district in which the library is located. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 at 17 (November 2001) (FCC Form 471 Instructions). The Commission's rules direct libraries to calculate their discounts by determining poverty and high-cost status, and selecting the appropriate discount rate from the matrix. 47 C.F.R. � 54.505(b) and (c). See, e.g., Request for Waiver by Duncanville Independent 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-272355, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd 11863 (Wireline Comp. Bur. 2002) (The Applicant bears the responsibility of completing the relevant forms and
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  • this Order, we use the term ``appeals'' to generally refer to requests for review of decisions, or waivers related to such decisions, issued by the Administrator. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken 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
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  • ) CC Docket No. 02-6 Support Mechanism ) order Adopted: March 9, 2007 Released: March 9, 2007 By the Acting Deputy Chief, Wireline Competition Bureau: I. INTRODUCTION In this Order, we deny a Request for Waiver filed by the Otsego Local School District, Tontogany, Ohio (Otsego). Otsego seeks a waiver of the designation of its district as ``urban'' under section 54.505(b)(3) of the Commission's rules by the Universal Service Administrative Company (USAC) for purposes of calculating its discount level under the schools and libraries universal service support mechanism. II. BACKGROUND Under the schools and libraries universal service support mechanism, also known as the E-rate program, eligible schools, libraries, and consortia that include eligible schools and libraries may apply for discounts for
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  • 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 mechanism. The rules establish
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  • 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 Health Care Program of
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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 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
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  • shall be given to requests for telecommunications services and Internet access (priority 1 services). 47 C.F.R. � 54.507(g)(1)(i). The remaining funds are allocated to requests for support for internal connections (priority 2 services), beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix. 47 C.F.R. � 54.507(g)(1)(ii); see also 47 C.F.R. � 54.505(c). Since funding year 2000, the E-rate program has committed the maximum $2.25 billion before funding all of the requests for internal connections. 47 C.F.R. � 54.507(a) (establishing annual cap of $2.25 billion per funding year). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9072, para. 562 (1997) (Universal Service First Report
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  • under the Form 471. USAC should determine if the entity should have been listed on the FCC Form 471 and, if so, allow the applicant to amend the FCC Form 471. See letter. Otherwise recover. 4. Service provided or equipment installed at an ineligible entity or used for an ineligible purpose. 54.501(b), (c), (d), stating the requirements for eligible entities. 54.505, stating how to determine the discount for an entity. 54.507(g) stating the rules of priority. 4th R & O, 19 FCC Rcd 15252, �15, stating that the service provider is likely to be the responsible party if it delivers services that were not approved for funding under the Form 471. Recover. 5. Equipment transferred prior to 3 years after purchase
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  • Thus, we determine that the action we take today should have a minimal effect on the universal service fund as a whole. See 47 C.F.R. �� 54.501-54.503; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9040-44, paras. 501-07 (1997) (Universal Service First Report and Order) (subsequent history omitted). 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(1). (last visited June 4, 2010). The USAC website provides applicants with guidelines regarding survey content. 47 C.F.R. � 54.505(b)(3)(i), (ii). 47 C.F.R. � 54.505(c). See 47 C.F.R. � 54.505(c). Block 4 of the funding year 2006 FCC Form 471 required the school to provide information regarding the school's status as rural or urban, the number of
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  • to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jun. 22, 2009) (Beth Rivka Request for Review); Letter from Donny Bynum, Superintendent, Dale County School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Aug. 10, 2009) (Dale Request for Review). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.507(a). See 47 C.F.R. � 54.505(b). Applicants with higher percentages of students eligible for free or reduced-price lunch through the National School Lunch Program qualify for higher discounts for eligible services than applicants with low levels of eligibility for such programs. Id. Schools and libraries located in rural areas also generally receive greater discounts. Id. See 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R.
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  • 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; Union Request; Williamsburg Request. Abbeville Request at 2; Union Request at 2; Williamsburg Request at 2. Third Report & Order, 18 FCC Rcd at 26924, paras. 27-28. Id. at 26924, para. 27. 47 C.F.R. � 54.505. DA 10-1997 � � � � h (R) (R)
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  • that are not otherwise available to some segment of the public or class of users. Therefore, a service provider may not offer free iPads to a school with the purchase of telecommunications or Internet access services eligible under E-rate, if such an arrangement is not currently available to the public or a designated class of subscribers. See 47 C.F.R. � 54.505. (last visited Dec. 8, 2010) (``An applicant may not receive free or discounted services from a service provider that have the effect of providing a discount level to the applicant greater than the discount allowed for Schools and Libraries support''). Sixth Report and Order at para. 90; Appendix A, 47 C.F.R. � 54.503(d) as amended; see generally 5 C.F.R. ��
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  • Tf (\(Appeal to USAC\).) Tj 1 0 0 1 72 129.649 Tm 57 Tz (2) Tj 1 0 0 1 77.5 125.049 Tm 96 Tz /OPBaseFont2 10 Tf (See 47) Tj 1 0 0 1 107 125.049 Tm 95 Tz /OPBaseFont1 10 Tf (C.F.R. �) Tj 1 0 0 1 148.3 124.799 Tm 99 Tz /OPBaseFont2 10 Tf (54.50 1-54.503, 54.505\(b\)\(3\); Federal-State Joint Board on Universal Service,) Tj 1 0 0 1 465.1 124.349 Tm 97 Tz /OPBaseFont1 10 Tf (CC Docket No.) Tj 1 0 0 1 72.2 113.549 Tm /OPBaseFont2 10 Tf (96-45,) Tj 1 0 0 1 100.55 113.299 Tm 99 Tz /OPBaseFont1 10 Tf (Report and Order, 12 FCC Rcd 8776, 9040-44, paras. 501-07 \(1997\)) Tj 1
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  • enrollment and participation of an entire school district in which the library sits even though that boundary line may incorporate varying levels of poverty and include areas that the library does not actually serve. See American Library Association, Comments, CC Docket No. 02-6 at 4 (Mar. 7, 2011) (ALA Comments); E-rate Central Comments at 3; see also 47 C.F.R. � 54.505(b)(2). See, e.g., Education and Libraries Networks Coalition (EdLiNC), Comments, CC Docket No. 02-6 (Mar. 7, 2011) (EdLiNC Comments); American Association of School Administrators (AASA), Comments, CC Docket No. 02-6 (Mar. 7, 2011) (AASA Comments); Council of Great City Schools, Comments, CC Docket No. 02-6 (Mar. 7, 2011) (Great City Schools Comments). See EdLiNC Comments; E-rate Central, Comments, CC Docket No.
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  • and Libraries Division, to Irene Halko, Queen of Peace High School (dated Apr, 27, 2010). Letter from Irene Halko, Queen of Peace High School, to USAC, Schools and Libraries Division (filed May 10, 2010). Letter from USAC, Schools and Libraries Division, to Irene Halko, Queen of Peace High School (dated June 28, 2010) (Administrator's Decision on Appeal). 47 C.F.R. �� 54.505(a). (last visited Dec. 1, 2011). . (last visited Dec. 1, 2011) (providing that the Form 470, RFP, or other solicitation method should be clear about the products, services, and quantities the applicant is seeking and stating that the applicant must avoid using generic or encyclopedic service descriptions on their Form 470.) Id. See 47 C.F.R. �� 54.504(b)(vii) (stating ``[a] bids
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  • our review of the record, the mistakes made by these petitioners do not warrant the complete rejection of these petitioners' applications for E-rate funding. Although the record demonstrates that petitioners' contracts had minor errors, they all had some form of an agreement in place during the relevant funding year prior to the filing of their applications. Therefore, we waive section 54.505(c) of the Commission's rules for 40 petitioners, and we grant seven petitioners' appeals on the merits because these petitioners demonstrated that they had placed contracts that complied with the Commission's rules and procedures when submitting their FCC Forms 471. We remand the underlying applications to USAC for further action consistent with this order. To ensure that the underlying applications are
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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). See Letter from Schools and Libraries Division, Universal Service Administrative Company to Linda Schreckinger Sandler, Barberton City School District (dated Mar. 20, 2007) (Administrator's Decision on Appeal). See 47 C.F.R. �� 54.501-54.503, 54.505(b)(3); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9040-44, paras. 501-07 (1997) (1997 Universal Service Order) (subsequent history omitted). See 47 C.F.R. � 54.505. 47 C.F.R. � 54.505(b)(1). (last visited Nov. 17, 2010). Block 4 of the FCC Form 471 application asks the school to provide information regarding the school's status
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  • of 47 C.F.R. � 54.513(c) (permitting transfers of eligible services and equipment to other eligible entities in the event that the particular location where the service originally was received is permanently or temporarily closed), we find that it is in the public interest to allow these applicants to transfer eligible service and equipment to other eligible entities. 47 C.F.R. � 54.505. We also direct USAC to disburse funding to these schools even if the eligible discount levels for the new locations were below the funding threshold for priority 2 funding for funding year 2002. 1-87 1-87 2 3 4 � � '' � � � � � 0 1 U��@�F�@1 A u ` s ` u ` u ` u `
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  • review and waiver are listed in appendices A and 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). Prior to the 2010 Schools and Libraries Sixth Report and Order, the E-rate competitive bidding requirements were codified in sections 54.505 and 54.511 of the Commission's rules. See 47 C.F.R. �� 54.504, 54.511 (2002). In the Schools and Libraries Sixth Report and Order, the Commission amended section 54.503 and 54.511 of the Commission's rules to establish new competitive bidding requirements for the E-rate program, which became effective January 3, 2011. Schools and Libraries Universal Service Support Mechanism and A National Broadband
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  • 02-6, Order, 21 FCC Rcd 10703 (Wireline Comp. Bur. 2006) (Academia Claret Order). The requests for waiver and review are listed in appendices A and 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). See 47 C.F.R. � 54.505. Appendix B. See Academia Claret Order, 21 FCC Rcd at 10709, para. 14. See Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by Baker Hall School, et al., File Nos. SLD-596432, et al., Order, 25 FCC Rcd 17534, 17535, n.9 (Wireline Comp. Bur. 2010) (waiving the 60-day appeal filing requirement when petitioners either filed their appeals
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  • support program). In each decision, USAC found that the applicant did not provide sufficient documentation to support their requested discount rate. Based on our review of the record, we find that USAC correctly determined the eligible discount calculation for each application and deny these requests. We also find that petitioners have not demonstrated good cause justifying a waiver of section 54.505 of the Commission's rules. 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 Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3 and 54.722(a), the requests for review or requests for waiver filed
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  • (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 an employee of an
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  • effective as of July 17, 1997) accurately determined its level of poverty, for use in determining its available discount rate, by using the percentage of its student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism in the public school district in which they are located (Section 54.505 (b) which was effective as of July 17, 1997) accurately applied the approved discount matrix, with the correct consideration of urban or rural location, to its determined level of poverty to set its discount rate to be applied to eligible goods and /or services (Section 54.505 (c), as revised, which was originally effective as of July 17, 1997) submitted a
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  • Company ("USAC")1 is charged with distributing E-Rate's annual budget of $2.25 billion. SLD accepts applications from schools for technology proj- ects and subsidizes those projects on a sliding scale - from 20 percent to 90 percent of a project's cost - determined by the percentage of the school's students that participate in the National School Lunch Program. 47 C.F.R. � 54.505. SLD is required to give funding priority to applications for the provi- sion of "telecommunications services, voice mail, and Internet access." 47 C.F.R. � 54.507(g)(1). The most economically disadvantaged schools have priority for the remainder of the funds. Id. As with any sizeable program, E-Rate is governed by a complicated and, at times, less than clear set of rules and
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  • to submit responsive bids.) * * * * * '' 6. Section 54.507 in the Final rule text is corrected to add paragraph (g)(1)(i) to read as follows: ``(i) Schools and Libraries Corporation shall first calculate the demand for telecommunications, telecommunications services, voicemail, and Internet access for all discount categories as determined by the schools and libraries discount matrix in �54.505(c). These services shall receive first priority for the available funding. * * * *'' This Erratum also amends Appendix B, Eligible Service List for Funding Year 2011 (ESL), of the Sixth Report and Order as indicated below: tion service. 8. On page 42 in the glossary, remove the definition of ``residential telephone service.'' 9. In the second paragraph on page
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  • rules, only an application for shared services provides the necessary circumstances under which a school or school district would be eligible for a 26 percent discount. This is because, under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
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  • Service Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, 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, 121 S.Ct. 423 (November 2, 2000). 47 C.F.R. �� 54.502, 54.503. See 47 C.F.R. � 54.505. 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); Universal Service Order, at para. 575. 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). The funding cap is set at $2.25 billion. 47
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  • by revising the first sentence of paragraph (g)(1)(i) and the first sentence of paragraph (g)(1)(ii) to read as follows: � 54.507 Cap. ****** (g) ****** (1) *** (i) Schools and Libraries Corporation shall first calculate the demand for telecommunications services, voice mail, and Internet access for all discount categories, as determined by the schools and libraries discount matrix in � 54.505(c) of this part.*** (ii) Schools and Libraries Corporation shall then calculate the amount of available funding remaining after providing support for all telecommunications services, voice mail, and Internet access for all discount categories.*** ****** 7. Section 54.511 is amended by revising paragraph (a) to read as follows: (a) Selecting a provider of eligible services. In selecting a provider of eligible
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  • basis, that would be roughly $48,000 per provider ($400 million/8,300). It is unlikely that most entities would receive yearly Internet access discounts anywhere close to this amount. An entity would need to be spending almost $200,000 per year, or $16,666 per month, to obtain discounts equivalent to roughly $48,000, given the twenty-five percent discount we adopt today. 47 C.F.R. � 54.505(c). See WorldCom Comments at 5-6 (agreeing that the Commission has the authority to subsidize Internet access but only the difference between rates for urban and rural Internet access); 47 U.S.C. �� 254(h)(1)(A), 254(h)(2)(A). But see Intelenet Comments at 5; Kingston eHealth Comments at 7-8; Nevada State Office Comments at 6 (agreeing that no urban-rural comparison is necessary). 47 U.S.C. ��
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  • or consortium may not receive rebates for services or products purchased with universal service discounts. For the purpose of this rule, the provision, by the provider of a supported service, of free services or products unrelated to the supported service or product constitutes a rebate of the non-discount portion of the supported services. APPENDIX B DISCOUNT MATRIX 47 C.F.R. � 54.505(c) Percentage of Students Eligible for School Lunch Program Urban Discount Level Rural Discount APPENDIX C Examples of Permissible Funding Under Twice-Every-Five-Years Rule for Internal Connections Example 1 Example 2 Example 3 Example 4 Example 5 Example 6 2005 Funding Received Funding Received Funding Received Funding Received Eligible, but no Funding Received Funding Received 2006 Funding Received Eligible, but no Funding
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  • contracts must be retained, as well as other agreements relating to E-rate between the beneficiary and service provider, such as up-front payment arrangements. Application Process. The beneficiary must retain all documents relied upon to submit the Form 471, including National School Lunch Program eligibility documentation supporting the discount percentage sought; documents to support the necessary resources certification pursuant to section 54.505 of the Commission's rules, including budgets; and documents used to prepare the Item 21 description of services attachment. Purchase and Delivery of Services. Beneficiaries and service providers should retain all documents related to the purchase and delivery of E-rate eligible services and equipment. Beneficiaries must retain purchase requisitions, purchase orders, packing slips, delivery and installation records showing where equipment was
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  • in Subpart G. 47 U.S.C. � 254(b)(3). 47 C.F.R. � 54.702(b). See USAC Appointment Order, 13 FCC Rcd at 25069-70, � 20. As a matter of practice, USAC has adopted a number of performance measures for its own managerial purposes, and it regularly prepares reports that are disclosed publicly at quarterly meetings of the board of directors. 47 C.F.R. � 54.505. To promote greater transparency in what is eligible for support under the schools and libraries support mechanism, on December 23, 2003, the Commission adopted a rule that formalizes the process for updating the eligible services list, beginning with Funding Year 2005. Under this rule, USAC is required to submit annually a draft of its updated eligible services list for the
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  • Rcd 26406, 26436, para. 66 (2003) (re-opening filing window for Funding Year 2002 in order to permit Ysleta, and similarly situated applicants in the caption who appealed SLD's denial of their funding requests, to re-bid for services, to the extent such services had not been provided). See also supra at paras. 6-7 (providing reasons for waiver). See 47 C.F.R. � 54.505. Id. The Commission recently sought comment on altering the discount mechanism. 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, 26936-39 (2003). 47 C.F.R. � 54.507(g)(1)(i-iv); see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Fifth Order on Reconsideration and
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  • electronic health records and ``telemedicine'' as the provision of medical care from a distance using telecommunications technology''). See http://www.internet2.edu/. For purposes of the pilot program, we will utilize the definition of ``health care provider'' in 47 C.F.R. � 54.601(a). We also note that this funding percentage is less than the highest funding level under our e-rate program. 47 C.F.R. � 54.505(c). See paragraphs 11-12 infra. See, e.g., Statement of David A. Powner, Director Information Technology Management Issues, ``Health Information Technology: HHS is Continuing Efforts to Define a National Strategy,'' Testimony Before the Subcommittee on Federal Workforce and Agency Organization, Committee on Government Reform, House of Representatives, GAO-06-346T, March 15, 2006 (discussing the rising cost of health care and the potential for
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  • 418517 2004 Tri-L Christian Academy Orlando, FL 424917 2004 Parkway Academy Miramar, FL 431407 2004 Northeast Academy 1 Opalocka, FL 431840 2004 Downtown Miami Charter School Miami, FL 432551 2004 The list of appeals is attached in the 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
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  • the filing period. If total demand exceeds the total support available for that funding year, the Administrator shall take the following steps: (i) The Administrator shall first calculate the demand for services listed under the telecommunications and Internet access categories on the eligible services list for all discount levels, as determined by the schools and libraries discount matrix in � 54.505(c). These services shall receive first priority for the available funding. (ii) The Administrator shall then calculate the amount of available funding remaining after providing support for the telecommunications and Internet access categories for all discount levels. The Administrator shall allocate the remaining funds to the requests for support for internal connections, beginning with the most economically disadvantaged schools and libraries,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • person's use of wireless telecommunications service on a library's mobile library unit van, and the use by teachers or other school staff of wireless telecommunications service while accompanying students on a field trip or sporting event. Id. at n.28. 91 See E-rate Broadband NPRM, 25 FCC Rcd at 6895-96, para. 57. 92 Id. 93 Id. 94 See 47 C.F.R. � 54.505 (2009) (establishing different discounts levels for schools and libraries based on poverty and rural factors) 95 See Request of the West Virginia Department of Education for a Waiver of Commission's Rule 54.506 and Clarification of the Definition of Educational Purpose, to Federal Communications Commission, CC Docket No. 02- 6 (dated Apr. 29, 2010) (WVDE Request for Waiver and Clarification); Sentinel
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-27A1.txt
  • the 15 days from the date applicants are notified by USAC of mistakes to their FCC Forms 470 and FCC Forms 471 and the presumption that applicants will receive such notice approximately five days after the notice is postmarked by USAC. See Bishop Perry Order, 21 FCC Rcd at 5326, para. 23, n.63. See RAL Procedures. See 47 C.F.R. � 54.505(b). Schools and libraries in areas with higher percentages of students eligible for free or reduced-price lunch through the National School Lunch Program (or a federally approved alternative mechanism) qualify for higher discounts for eligible services than applicants with low levels of eligibility for such programs. Id. Schools and libraries located in rural areas also generally receive greater discounts. Id. 47
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  • of the applicable discounts to which the libraries sharing a portion of the shared services are entitled. We agree with E-rate Provider Services (EPS) that calculating discounts by individual school adds a significant level of complexity to the application process, as the discounts must be calculated separately by school and checked individually by USAC. Accordingly, we propose to revise section 54.505(b)(4) of our rules to require applicants to: (1) calculate a single discount percentage rate for the entire school district by dividing the total number of students eligible for the National School Lunch Program by the total number of students in the district; and (2) then compare that single figure against the discount matrix to determine the school district's discount for
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  • obtain discounted Internet access service.'' In addition, we also correct 54.507(g)(1)(i) of the final rules to the Schools and Libraries Sixth Report and Order which currently reads: ``(i) Schools and Libraries Corporation shall first calculate the demand for telecommunications, telecommunications services, voice-mail, and Internet access for all discount categories as determined by the schools and libraries discount matrix in � 54.505(c). These services shall receive first priority for the available funding.'' We revise this rule to change ``Schools and Libraries Corporation'' to ``Administrator'' and to reflect that voice mail, although eligible for E-rate discounts, does not need to be listed as an individual eligible service in our rules. We revise the rule to read: ``(i) The Administrator shall first calculate the
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  • New Initiatives & Partnerships, Connect Ohio, (Dec. 28, 2011), available at http://connectohio.org/blog/post/2011-review-eco-progress-last-mile-succ esses-new-initiatives-partnerships. See Library Tech Study at 33, Figure C-17. See, e.g., Letter from Marijke Visser, American Library Association, to Marlene H. Dortch, Federal Communications Commission, WC Dkt. No. 11-42 et al. (filed Jan. 24, 2012) (American Library Association Jan 24 ex parte Letter). . See 47 C.F.R. � 54.505(c) (E-rate Discount Matrix). An E-rate applicant filing for discounts on eligible services must calculate the percentage discount that it is eligible to receive measured by the percentage of students eligible for the National School Lunch Program and dependant upon whether it is located in an urban or rural location. FCC Form 471 Instructions at 8-19 (identifying how an E-rate applicant
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  • (Order on Reconsideration). See Request for Expedited Review by Integrity Communications, Ltd., CC Docket No. 02-6 (filed Dec. 26, 2007) (Request for Review) (appealing USAC's audit letter decisions to the Commission). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). See 47 C.F.R. �� 54.501-54.503. See 47 C.F.R. � 54.505(c). The maximum discount given to any eligible entity is 90 %. See id. � 54.505 (b). (last visited Jan. 10, 2012). Beginning July 1, 2004, the Commission's rules required the service provider to allow the applicant to select the payment method governing the payment for services rendered in accordance with the E-rate program. See 47 C.F.R. �54.514 (a). (last visited
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  • then wait at least four weeks from the date on which its description of services is posted on the website before making commitments with the selected providers of services. The confirmation from the Schools and Libraries Corporation shall include the date after which the requestor may sign a contract with its chosen provider(s). * * * * * 7. Section 54.505 is amended by revising paragraphs (b)(3) and (c) to read as follows: * * * * * (b)(3) The Schools and Libraries Corporation shall classify schools and libraries as "urban" or "rural" based on location in an urban or rural area, according to the following designations. * * * * * (c) Matrix. The Schools and Libraries Corporation shall use
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  • of funds when 151 expenditures in any funding year reach the level where only $250 million remains before the cap will be reached. The Universal Service rules require schools and libraries to submit technology plans as part of their 152 application for service. See 47 C.F.R. � 54.504(b)(2)(vii). See Universal Service Order at para. 574. 153 See 47 C.F.R. � 54.505. 154 36 million annual cap has been reached. We specify that the Corporations, rather than USAC or 150 the permanent administrator, will monitor demand for the purpose of determining when the $2 billion trigger has been reached in the case of the schools and libraries program and when the $400 million cap has been reached in the case of the
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.wp
  • Library Petition for Waiver (filed Feb. 11, 1998) (Long Island Petition); School Union 87 Petition for Waiver (filed July 8, 1998) (School Union 87 Petition); Maine School Administrative District No. 60 Petition for Waiver (filed July 8, 1998) (District No. 60 Petition); Unified School District 267 Petition for Waiver (filed July 8, 1998) (District 267 Petition). 2 47 C.F.R. � 54.505(b)(3). See also 47 C.F.R. � 54.5 (defining "rural area" for purposes of universal service support). 3 See 47 U.S.C. �� 54.505(b)(3) and 54.505(c). 4 47 U.S.C. � 254(h)(1)(B). Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) CC Docket No. 96-45 Federal-State Joint Board on ) AAD/USB File No. 98-34 Universal Service ) MEMORANDUM OPINION AND
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
  • sections 54.507(a) and 54.623(a) of our rules provided that no more than a specified monetary amount could be collected or spent during the first six months of 1998. See Appendix A. 76 Universal Service Order, 12 FCC Rcd at 9057; 47 C.F.R. �� 54.507(c), 54.623. 77 See Universal Service Order, 12 FCC Rcd at 9050. See also 47 C.F.R. � 54.505(c). The discount matrix is reproduced at Appendix D. 78 Universal Service Order, 12 FCC Rcd at 9059-60; 47 C.F.R. � 54.507(g). 20 The adoption of these limits on disbursements supersedes any prior restrictions on expenditures during 1998.75 30. Furthermore, we conclude that the carryover of unused funding authority will not apply for the funding period January 1, 1998 through June
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  • Implementation of the rules of priority in accordance with � 54.507(g) of this chapter; Review and certification of technology plans when a state agency has indicated that it will not be able to review such plans within a reasonable time; The classification of schools and libraries as urban or rural and the use of the discount matrix established in � 54.505(c) of this chapter to set the discount rate to be applied to services purchased by eligible schools and libraries; Performance of audits of beneficiaries under the schools and libraries support mechanism; and Development and implementation of other functions unique to the schools and libraries support mechanism. Committee composition. The Schools and Libraries Committee shall consist of the following members of
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  • may not shield USAC from future liability by disadvantaged applicants. In addition, I note that I am unpersuaded by the Office of General Counsels' arguments in support of this request by SLD. First, they argue that the rules of priority must include the particular percentage points that result form the calculation of average discounts for shared services pursuant to Section 54.505(b)(4). The Commission's rules, however, are very specific on this point and provide only for allocating funds for internal connections to disadvantaged schools and libraries "as determined by the schools and libraries discount matrix in section 54.505(c) of this part."[12]^(9) Indeed, there is no mention of Section 54.505(b)(4). Similarly, the next section of the rules provides for the continued allocation of
• http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (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 an employee of an
• 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
  • then wait at least four weeks from the date on which its description of services is posted on the website before making commitments with the selected providers of services. The confirmation from the Schools and Libraries Corporation shall include the date after which the requestor may sign a contract with its chosen provider(s). * * * * * 7. Section 54.505 is amended by revising paragraphs (b)(3) and (c) to read as follows: * * * * * (b)(3) The Schools and Libraries Corporation shall classify schools and libraries as "urban" or "rural" based on location in an urban or rural area, according to the following designations. * * * * * (c) Matrix. The Schools and Libraries Corporation shall use
• 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
  • of funds when 151 expenditures in any funding year reach the level where only $250 million remains before the cap will be reached. The Universal Service rules require schools and libraries to submit technology plans as part of their 152 application for service. See 47 C.F.R. � 54.504(b)(2)(vii). See Universal Service Order at para. 574. 153 See 47 C.F.R. � 54.505. 154 36 million annual cap has been reached. We specify that the Corporations, rather than USAC or 150 the permanent administrator, will monitor demand for the purpose of determining when the $2 billion trigger has been reached in the case of the schools and libraries program and when the $400 million cap has been reached in the case of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.wp
  • Library Petition for Waiver (filed Feb. 11, 1998) (Long Island Petition); School Union 87 Petition for Waiver (filed July 8, 1998) (School Union 87 Petition); Maine School Administrative District No. 60 Petition for Waiver (filed July 8, 1998) (District No. 60 Petition); Unified School District 267 Petition for Waiver (filed July 8, 1998) (District 267 Petition). 2 47 C.F.R. � 54.505(b)(3). See also 47 C.F.R. � 54.5 (defining "rural area" for purposes of universal service support). 3 See 47 U.S.C. �� 54.505(b)(3) and 54.505(c). 4 47 U.S.C. � 254(h)(1)(B). Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) CC Docket No. 96-45 Federal-State Joint Board on ) AAD/USB File No. 98-34 Universal Service ) MEMORANDUM OPINION AND
• 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
  • sections 54.507(a) and 54.623(a) of our rules provided that no more than a specified monetary amount could be collected or spent during the first six months of 1998. See Appendix A. 76 Universal Service Order, 12 FCC Rcd at 9057; 47 C.F.R. �� 54.507(c), 54.623. 77 See Universal Service Order, 12 FCC Rcd at 9050. See also 47 C.F.R. � 54.505(c). The discount matrix is reproduced at Appendix D. 78 Universal Service Order, 12 FCC Rcd at 9059-60; 47 C.F.R. � 54.507(g). 20 The adoption of these limits on disbursements supersedes any prior restrictions on expenditures during 1998.75 30. Furthermore, we conclude that the carryover of unused funding authority will not apply for the funding period January 1, 1998 through June
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001042.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001042.txt
  • 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). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John L. Pantle, Archbishop Quigley Preparatory Seminary School, dated January 26, 1999 (Funding Commitment Decision Letter). Letter from John Quirk, Archbishop Quigley Preparatory Seminary, to Schools and Libraries Corporation, dated February 3, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Quirk, Archbishop Quigley Preparatory
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  • 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). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kim Bevill, Atlanta C-3 School District, dated February 24, 1999 (Funding Commitment Decision Letter). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kim Bevill, Atlanta C-3 School District, dated April 30, 1999 (Administrator's Decision on Appeal). Administrator's Decision on Appeal at 1. Request for Review of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001044.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001044.txt
  • Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, para. 31 (1998) (Fifth Reconsideration Order). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. Letter from the Universal Service Administrative Company, to Ken Clark, Bonner Springs Unified School District #204, dated February 18, 1999. Id. Letter from Ken Clark, Bonner Springs Unified School District #204, to Schools and Libraries Corporation, filed March 15, 1999 (March 15, 1999 Letter). Letter from Universal Service Administrative Company to Ken Clark, Bonner Springs Unified School District #204, dated
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  • Chief, Common Carrier Bureau Letter from Terry Silva, Merced Union High School, to Federal Communications Commission, filed April 6, 1999 (Letter of Appeal). 47 U.S.C. 254(h)(1)(B); 47 C.F.R. ��54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Reconsideration Order, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). 47 C.F.R. �505(b) 47 C.F.R. �505(b)(1). 47 C.F.R. �54.505(b)(3)(i), (ii). 47 C.F.R. �54.505(c). Letters from the Schools and Libraries Division, Universal Service Administrative Company to Terry Silva, Merced Union High School District, dated January 26, 1999 at 3 (Funding Commitment Decision Letters). Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9044-46, 9524-25 (1997), as corrected by Federal-State Joint Board on Universal Service, Errata, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • Implementation of the rules of priority in accordance with � 54.507(g) of this chapter; Review and certification of technology plans when a state agency has indicated that it will not be able to review such plans within a reasonable time; The classification of schools and libraries as urban or rural and the use of the discount matrix established in � 54.505(c) of this chapter to set the discount rate to be applied to services purchased by eligible schools and libraries; Performance of audits of beneficiaries under the schools and libraries support mechanism; and Development and implementation of other functions unique to the schools and libraries support mechanism. Committee composition. The Schools and Libraries Committee shall consist of the following members of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010065.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010065.txt
  • Bureau Letter from Joan M. Harris, Carl Schurz High School, to 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. �� 54.502, 54.503. 47 C.F.R. � 54.505(g). The Commission's rules require that the applicant make a bona fide request for services by filing with the Administrator an FCC Form 470, which is posted to the Administrator's website for all potential competing service providers to review. After the FCC Form 470 is posted, the applicant must wait at least 28 days before entering an agreement for services and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010213.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010213.txt
  • and Libraries Division, Universal Service Administrative Company, to Nomi Levi, Soille San Diego Hebrew Day School, issued October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rabbi Simcha Weiser, Soille San Diego Hebrew Day School, issued May 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(b)(1). Pursuant to sections 9(b)(1) and 17(c)(4) of the National School Lunch Act, 42 U.S.C. � 1758(b)(1) and 42 U.S.C. � 1766(c)(4), the United States Department of Agriculture annually publishes in the Federal Register adjustments to the income eligibility guidelines used in determining eligibility for free and reduced lunches. See, e.g., Department of Agriculture, Food and Nutrition
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010353.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010353.txt
  • of the Decision of the Universal Service Administrator by Pioneerland Library System, SLD-32103, CC Docket No. 96-45, Order, DA 99-2615 (rel. November 22, 1999). 47 C.F.R. �� 54.502, 54.503. Under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010588.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010588.txt
  • 47 C.F.R. � 54.719(c). The Commission's rules provide that requests for review of decisions shall be considered and acted upon by the Common Carrier Bureau, except that requests which raise novel questions of fact, law, or policy shall be considered by the full Commission. 47 C.F.R. � 54.722(a). 47 U.S.C. � 254(h)(1)(B); 47 C.F.R. �� 54.502, 54.503. 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). Id.. Request for Review at 1-2. 47 C.F.R. � 54.505(b)(4). Request for Review at 2. Id. Id. Id. at 2-3. FCC Form 471,Western Heights School District, filed April 2, 1999. Letter from Schools and Libraries Division, Universal Service Administrative Co., to Joe Kitchens, Western Heights School District
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  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.txt
  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Alden Gaw, Dallas Independent School District, dated April 14, 2000. Letter from Glorias Dixon, Dallas Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated May 12, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Glorias Dixon, Dallas Public Schools, dated January 24,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.txt
  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for the national school lunch program. 47 C.F.R. � 54.505. In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the ninety percent discount level, then for eighty-nine percent, eighty-eight percent and so on. Changes to the Board of Directors of the National Exchange Carrier Association,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.txt
  • 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 funding year. See 47 C.F.R. � 54.507(a). Fifth Order on Reconsideration, 13 FCC Rcd at 14938, para. 36. 47 C.F.R. � 54.507(g)(1)(iii). 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). FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, at 2. FCC Form 471, Baltimore Junior Academy, filed January 20, 2000, Attachment; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Jean-Pierre, Baltimore Junior Academy, dated March 23, 2001 (Administrator's Decision
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.txt
  • on federal universal service support for schools and libraries is $2.25 billion per funding year. See 47 C.F.R. � 54.507(a). Fifth Reconsideration Order, 13 FCC Rcd at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its student eligible for the national school lunch program. 47 C.F.R. � 54.505. 47 C.F.R. � 54.507(g)(1)(iii). In the Eleventh Order on Reconsideration, the Commission clarified that to the extent that there are single discount percentage levels associated with ``shared services,'' the Administrator shall allocate funds for internal connections beginning at the 90 percent discount level, then for 89 percent, 88 percent, and so on. Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.txt
  • Fourth Report and Order in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318 (1997). Id. at 14938, para. 36. The schools and libraries discount matrix reflects both an applicant's urban or rural status and the percentage of its students eligible for national school lunch program. 47 C.F.R. � 54.505. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paul Karas, Fort Wayne Community School District, dated June 23, 2000. See, e.g., Request for Review at Attachment B. Id. Request of Review at 1-2. Request for Review at 3. See FCC Form 471, Fort Wayne Community School District, filed Jan. 18, 2000. See Request for Review by Bonner
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01073.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01073.txt
  • rules, only an application for shared services provides the necessary circumstances under which a school or school district would be eligible for a 26 percent discount. This is because, under the schools and libraries universal service mechanism, schools and libraries determine the discount for which they are eligible by consulting the ``discount matrix'' adopted by the Commission. 47 C.F.R. � 54.505(c). The discount matrix assigns the discount to an eligible entity based on the income level of students (using eligibility for participation in the National School Lunch Program as a proxy) and whether the entity is in a rural or urban area. 54 C.F.R. � 54.505(c). School districts, library systems, and consortia with multiple eligible entities determine the discount for which
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981119.html
  • November 19, 1998. MASS MEDIA BUREAU MULTIPOINT DISTRIBUTION SERVICE APPLICATIONS. Internet URL: [6]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md9 81119.pdf Report No: LB -99-09. Released: November 19, 1998. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS SERVICE INFORMATION. Internet URL: [7]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8159.wp ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied seven school districts petitions for waiver of the designations of their districts as urban under section 54.505)(b)(3) of the Commission's rules. Dkt No.: CC-96-45. Action by Acting Chief, Common Carrier Bureau. by MO&O. (DA No. 98-2333). CCB Internet URL: [8]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da982333.pdf ADDENDA: The following items, released November 18, 1998, did not appear in Digest No. 222: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 3659. Released: November 18, 1998. CABLE SERVICES ACTION. Report No: 1387. Released: November 18,
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  • may not shield USAC from future liability by disadvantaged applicants. In addition, I note that I am unpersuaded by the Office of General Counsels' arguments in support of this request by SLD. First, they argue that the rules of priority must include the particular percentage points that result form the calculation of average discounts for shared services pursuant to Section 54.505(b)(4). The Commission's rules, however, are very specific on this point and provide only for allocating funds for internal connections to disadvantaged schools and libraries "as determined by the schools and libraries discount matrix in section 54.505(c) of this part."[12]^(9) Indeed, there is no mention of Section 54.505(b)(4). Similarly, the next section of the rules provides for the continued allocation of
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
  • at issue in their Extension Requests. Released on March 9, 2007. CC Docket No. 02-6. (DA 07-1187) DA 07-1187 [85]Word | [86]Acrobat 3/9/07 Otsego Local School District: In this Order, the Wireline Competition Bureau (Bureau) denied a Request for Waiver filed by the Otsego Local School District seeking a waiver of the designation of its district as urban under section 54.505(b)(3) of the Commissions rules by USAC for purposes of calculating its discount level under the schools and libraries universal service support mechanism. Released on March 9, 2007. CC Docket No. 02-6. (DA 07-1185) DA 07-1185 [87]Word | [88]Acrobat 3/9/07 Kress Independent School District: In this Order, the Wireline Competition Bureau (Bureau) dismissed as moot a Request for Review filed by
• http://www.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (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 an employee of an
• http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2007archive.html
  • the deadline for Applicants to complete installation of non-recurring services for the funding years at issue in their Extension Requests. 3/9/07. [402]Word | [403]Acrobat| [404]Text 3/9/07 Order: In this Order, the Wireline Competition Bureau (Bureau) denied a Request for Waiver filed by the Otsego Local School District seeking a waiver of the designation of its district as urban under section 54.505(b)(3) of the Commissions rules by USAC for purposes of calculating its discount level under the schools and libraries universal service support mechanism. 3/9/07. [405]Word | [406]Acrobat| [407]Text 3/9/07 Order: In this Order, the Wireline Competition Bureau (Bureau) dismissed as moot a Request for Review filed by Kress Independent School District Kress, seeking a service provider identification number (SPIN) change and
• http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
  • of non-recurring services for the funding years at issue in their Extension Requests. DA 07-1187 DA 07-1187 [61]Word | [62]Acrobat 3/9/07 Otsego Local School District, Tontogany, Ohio: In this Order, the Wireline Competition Bureau (Bureau) denied a Request for Waiver filed by the Otsego Local School District seeking a waiver of the designation of its district as "urban" under section 54.505(b)(3) of the Commission's rules by USAC for purposes of calculating its discount level under the schools and libraries universal service support mechanism. DA 07-1185 DA 07-1185 [63]Word | [64]Acrobat 3/9/07 Kress Independent School District, Kress, Texas: In this Order, the Wireline Competition Bureau (Bureau) dismissed as moot a Request for Review filed by Kress Independent School District Kress, seeking a